EPA v. MONTGOMERY COUNTY PUBLIC SCHOOLS

Case summary

On December 16, 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 ). Montgomery County Public School ( MCPS ) located in Rockville Maryland owns and operates one hundred ninety three schools. The School District failed to maintain updated copies of its asbestos management plan at the administration office of the Rollingwood Academy/French International School facility as required by 40 C.F.R.$ 763.93 (G)(3). MCPS failed to insure that the school conduct three year inspections, perform periodic surveillance, and annually notify in writing parents, teachers, and employees organization of the availability of the asbestos management plan in violation of 40 C.F.R. $ 763.92(b), and 40 C.R.F $ 763.93(g)(4), respectively. The Rollingwood Academy/French International School contains more than 1000 linear feet and more than 3000 square feet of asbestos-containing material. There are approximately 580 students and 30 employees at the school. Management plans are use to note the location and condition of asbestos-containing materials (ACM) through-out the school. It is the responsibility of the designated person employed by the School District 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 of the availability of the management plan, allows parent, teachers, and employee organizations the opportunity for reviewing all information regarding ACM in the school. The CAFU assessed a penalty of $5,500, which was reduced to zero because MCPS has spent $16,016.10 to comply with AHERA regulations.

Defendants (1)

• MONTGOMERY COUNTY PUBLIC SCHOOLSNamed in complaintNamed in settlement

Facilities (1)

• ROLLINGWOOD ACADEMY/FRENCH INTERNATIONAL

  3200 WOODBINE STREET, CHEVY CHASE, MD, 20815

  Registry ID: 110017838143

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• MONTGOMERY COUNTY PUBLIC SCHOOLSentered 2004-12-16

  Primary law: TSCA

Timeline (3 milestones)

• 2004-10-20Enforcement Action Data Entered
• 2004-12-16Complaint Filed/Proposed Order
• 2004-12-16Final Order Issued