EPA v. COLONIAL SCHOOL DISTRICT

Case summary

FOLLOWING THE ISSUANCE OF A NOTICE OF NONCOMPLIANCE AND REQUEST TO SHOW CAUSE ISSUED TO THE COLONIAL SCHOOL DISTRICT ( COLONIAL ), COLONIAL SIGNED A CONSENT AGREEMENT AND FINAL ORDER ( CAFO ) FOR VIOLATIONS OF SUBCHAPTER II OF TSCA--THE ASBESTOS HAZARD AND EMERGENCY RESPONSE ACT ( AHERA )--IN CONNECTION WITH VIOLATIONS FOUND BY EPA INSPECTORS DURING AN AUDIT OF SCHOOL DISTRICT RECORDS. COLONIAL WAS FOUND TO HAVE VIOLATED THE AHEARA BY: FAILING TO CONDUCT PERIODIC SURVEILLANCE IN EACH OF THE SCHOOLS ITS OWNS, LEASES OR OTHERWISE USES AS A SCHOOL BUIDLING THAT CONTAINS ASBESTOS-- CONTAINING BUILDING MATERIAL ( ACBM ); FAILING TO UPDATE AND MAINTAIN ITS MANAGEMENT PLAN FOR EACH SCHOOL WITHIN THE DISTRICT; FAILING TO INSPECT OR REINSPECT, AS REQUIRED, FOR ALL FRIABLE AND NONFIRABLE KNOWN OR ASSUMED ACBM; AND FAILING TO PROVIDE NOTIFICATION IN WRITING TO PARENTS, TEACHERS AND EMPLOYEE ORGANIZATIONS WITHIN THE SCHOOL DISTRICT OF THE AVAILABILITY OF ITS MANAGEMENT PLAN. EPA'S PROPOSED PENALTY FOR THESE VIOLATIONS TOTALLED $11,000. COLONIAL, AS A MEANS OF REGAINING COMPLIANC EWITH AHEARA, EXPENDED APPROXIMATELY $15,549.72 BY PERFORMING ALL NECESSARY WORK. EPA AGREED TO SETTLEMENT OF THIS CASE SINCE ITS PENALTY WAS EFFECTIVELY OFFSET BY COLONIAL'S PAYMENT OF MORE THAN THE PROPOSED PENALTY.

Defendants (1)

• COLONIAL SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• COLONIAL SCH DISTRICT

  230 FLOURTOWN RD, PLYMOUTH MEETING, PA, 19462

  Registry ID: 110010718875

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• COLONIAL SCHOOL DISTRICTentered 2001-09-28

  Primary law: TSCA

  Federal penalty: $11,000

Timeline (4 milestones)

• 2001-06-28Enforcement Action Data Entered
• 2001-09-28Complaint Filed/Proposed Order
• 2001-09-28Final Order Issued
• 2001-09-28Enforcement Action Closed