EPA v. EASTON AREA SCHOOL DISTRICT

Case summary

ON JUNE 29, 2001, THE REGIONAL JUDICIAL OFFICER SIGNED A FINAL ORDER RATIFYING A CONSENT AGREEMENT AND SETTLEMENT CONDITIONS DOCUMENT NEGOTIATED BETWEEN EPA AND RESPONDENT EASTON AREA SCHOOL DISTRICT, IN SETTLEMENT OF A TSCA AHERA ADMINISTRATIVE PENALTY CASE. THE RESPONDENT OWNS AND OPERATES A PUBLIC SCHOOL DISTRICT LOCATED IN ESTON, PA. THE VIOLATIONS ALLEGED IN THE COMPLAINT INVOVLED THE FAILURE OF THE SCHOOL TO: COMPLY WITH THE MANAGEMENT PLAN MAINTENANCE AND AVAILABILITY REQUIREMENTS OF 40 C.F.R SECTION 763.93(G)(3); COMPLY WITH THE BUILDING AND WORKER OCCUPANT NOTIFICATION REQUIREMENTS OF 40 C.F.R. SECTION 763.84(C) AND/OR THE RELATED RECORDKEEPING REQUIREMENTS OF 40 C.F.R. SECTION 763.93(E)(10); FAILURE TO COMPLY WITH THE PARENT, TEACHER, AND EMPLOYEE ORGANIZATION NOTIFICATION REQUIREMENTS OF 40 C.F.R. SECTION 763.93(G)(4); AND FAILURE TO COMPLY WITH THE PERIODIC SURVEILLANCE AND ASSOCIATED RECORDKEEPING REQUIREMENTS OF 40 C.F.R. SECTION 763.92(B)(1) AND (2). IN ACCORDANCE WITH EPA'S REVISED ENFORCEMENT RESPONSE POLICY (ERP) FOR AHEARA AND SECTIONS 207(A) AND 16(A)(2)(C) OF TSCA, THE REGION HAS ASSESSED A $27,500 CIVIL PENALTY AGAINST THE RESPONDENT, WHICH PENALTY WILL BE REMITTED IN FULL SHOULD THE RESPONDENT PERFORM THREE (3) AGREED TSCA/AHERA ASBESTOS REMEDIATION AND COMPLIANCE PROJECTS AT SCHOOL BUILDINGS WITHIN THE DISTRCT AND PROPERLY DOCUMENT AND CERTIFY ITS EXPENDTURE OF AT LEAST $27,500 IN PERFORMING THE SAME.

Defendants (1)

• EASTON AREA SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• EASTON AREA SCHOOL DISTRICT

  811 NORTHHAMTON STREET, EASTON, PA, 18042

  Registry ID: 110028202077

Statutes cited

• TSCA 16A4 — Failure to Pay Civil Penalty
• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• EASTON AREA SCHOOL DISTRICTentered 2001-06-29

  Primary law: TSCA

  Federal penalty: $27,500

Timeline (4 milestones)

• 2001-05-23Enforcement Action Data Entered
• 2001-06-29Complaint Filed/Proposed Order
• 2001-06-29Final Order Issued
• 2001-11-13Enforcement Action Closed