EPA v. READING SCHOOL DISTRICT

Case summary

ON AUGUST 18, 2004, A CONSENT AGREEMENT AND FINAL ORDER (CAFO) WAS FILED RESOLVING VIOLATIONS OF THE ASBESTOS HAZARDS EMERGENCY RESPONSE ACT ( AHERA ) UNDER THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ). ROSE TREE MEDIA SCHOOL DISTRICT ( DISTRICT ) LOCATED IN MEDIA, PENNSYVLANIA OWNS AND OPERATES FIVE SCHOOLS. THE DISTRICT FAILED TO ANNUALLY NOTIFY IN WRITING, PARENTS, TEACHERS, AND EMPLOYEES ORGANIZATION OF THE AVAILABILITY OF THE MANAGEMENT. ROSE TREE MEDIA SCHOOL DISTRICT CONTAINS MORE THAN 1000 LINEAR FEET AND MORE THAN 3000 SQUARE FEE OF ASBESTOS-CONTAINING MATERIAL. THERE ARE FIVE SCHOOLS OPERATED UNDER THE ROSE TREE MEDIA SCHOOL DISTRICT RANGING FROM KINGERGARTEN TO TWELFTH GRADES WITHI APPROXIMATELY 4050 STUDENTS AND 900 EMPLOYEES. 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 PERSON ARE USED BY THE SCHOOL. ANNUAL NOTIFICATION ON THE AVAILABILITY OF THE MANAGEMENT PLAN, ALLOWS PARENTS, TEACHERS, AND EMPLOYEE ORGANIZATIONS THE OPPORTUNITY FOR REVIEWING ALL INFORMATION REGARDING ACM IIN THE SCHOOL. ROSE TREE MEDIA SCHOOL DISTRICT SPENT $4,476.00 TO COMPLY WITH AHERA REGULATIONS.

Defendants (1)

• READING SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• TYSON-SCHOENER ELEMENTARY SCHOOL

  315 SOUTH FIFTH STREET, READING, PA, 19602

  Registry ID: 110016666972

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• READING SCHOOL DISTRICTentered 2004-09-07

  Primary law: TSCA

Timeline (3 milestones)

• 2004-07-19Enforcement Action Data Entered
• 2004-09-07Complaint Filed/Proposed Order
• 2004-09-07Final Order Issued