EPA v. DARNESTOWN PRESBYTERIAN CHURCH

Case summary

A Super Consent Agreement and Final Order (SCAFO) was filed resolving violations of the Asbestos Hazards Emergency Act (AHERA) that were discovered during an AHERA inspection, conducted by the Maryland Department of Agriculture, on June 2, 2008. Darnestown Presbyterian Church, located 15120(A) Turkey Foot Road, in Gaithersburg, Maryland, is the Local Education Agency (LEA) responsible for the Georgetown Early School, located in Gaithersburg, MD, which failed to comply with the following AHERA requirements: failure to develop and submit an AHERA Management Plan; failure to comply with the parent/teacher/employee organization notification requirement; and failure to conduct an initial inspection for asbestos containing building materials (ACBM) at the school, and failure to conduct surveillance. The civil penalty was a specific amount, however, in accordance with the EPA ERP, the Agency took into consideration the monies spent by the LEA that would offset the penalty, to help reduce the financial burden that could hinder the school operations. In this case the LEA demonstrated that the dollars was spent towards asbestos related activities to achieve compliance with AHERA, bringing the monetary penalty down. The school is now in compliance and all issues addressed in the SCAFO have been resolved.

Defendants (1)

• DARNESTOWN PRESBYTERIAN CHURCHNamed in complaintNamed in settlement

Facilities (1)

• GEORGETOWN HILL EARLY SCHOOL

  15120(B) TURKEY FOOT ROAD, DARVESTOWN, MD, 20878

  Registry ID: 110037234515

Statutes cited

• TSCA 203 — EPA Regulations - Asbestos in Schools

Enforcement conclusions (1)

• DARNESTOWN PRESBYTERIAN CHURCHentered 2010-08-11

  Primary law: TSCA

  Federal penalty: $4,137

Timeline (3 milestones)

• 2010-08-11Complaint Filed/Proposed Order
• 2010-08-11Final Order Issued
• 2010-09-14Enforcement Action Data Entered