EPA v. Sole, Diane (Poly-Tech School)

Case summary

EPA has reached an agreement with Poly Tech School District in Woodside, Delaware, concerning violations of the Asbestos Hazardous Emergency Response Act (AHERA). Poly Tech School District agreed to pay a penalty of $2,832.00 for AHERA violations. The school failed to ensure that short term workers were notified concerning locations of asbestos material in the school, in violation of 40 C.F.R. Section 763.84(d). The school also failed to designated a person and ensure that this person receive adequate asbestos training, in violation of 40 C.F.R. section 763.84(g)(1) and (2). The school also failed to conduct 3 year re-inspections, perform periodic surveillance, and annually notify in writing, parents, teachers, and employees organizations of the availability of the management plan, in violations of 40 C.F.R. section 763.85(b), 40 C.F.R. section 763.92(b), and 40 C.F.R. setion 763.93(g)(4), respectively. The Poly Tech School District contains approximately 51,700 square feet of asbestos-containing floor tile and 400 linear feet of thermal system insulation throughout the entire building. Approximately 780 students attend Poly-Tech High School. Poly-Tech School District also employs about 30 people. Management plans are used to note the location and condition of asbestos-containing materials (ACM) through-out the school. It is the responsibility of the designated person to ensure that the management plan is maintained and updated as required by AHERA. A management plan helps prevent exposure to asbestos by ensuring that any maintenance or other routine school activities will not result in the disturbance of ACM. In addition, whenever ACM needs to be disturbed, only accredited persons are used by the school. Annual notification on the availability of the management plan, allows parents, teachers, and employee orgranizations the opportunity for reviewing all information regarding ACM in the school. Respondent failed to perform annual notifications and failed to perfrom 3 year reinspect

Defendants (1)

• Sole, DianeNamed in complaintNamed in settlement

Facilities (1)

• POLY-TECH SCHOOL DISTRICT

  834 WALNUT SHADE RD, WOODSIDE, DE, 19980

  Registry ID: 110021578309

Statutes cited

• TSCA 207A2 — False Info on Asbestos Inspection

Enforcement conclusions (1)

• Sole, Dianeentered 2003-04-08

  Primary law: TSCA

  Federal penalty: $2,832

Timeline (4 milestones)

• 2003-03-25Enforcement Action Data Entered
• 2003-04-08Complaint Filed/Proposed Order
• 2003-04-08Final Order Issued
• 2003-04-24Enforcement Action Closed