EPA v. DIOCESE OF WILMINGTON, DE ET. AL.

Case summary

Region 3 Issues Administrative Penalty Order Against Diocese of Wilmington and St. Peter’s Church for CAA Asbestos NESHAP Violations. [Docket No. CAA-03-2010-0312] (Proposed Penalty of $52,403) On or about June 22, 2010, EPA issued the above captioned administrative complaint. At all times relevant to this Complaint, Respondent St. Peter’s Church was directly engaged in controlling, operating and supervising a renovation operation which included the removal of regulated asbestos containing material (“RACM”) from St. Peter the Apostle School (a/k/a Saint Peter’s Catholic School), a parochial elementary school located at 515 Harmony Street, New Castle, DE 19720. According to EPA records, the Facility is also deeded to Respondent St. Peter’s Church, a non-profit religious corporation/institution of the State of Delaware; however, the Facility itself is part and parcel of the Diocese family of parochial schools which the Diocese leases, operates, controls or supervises in accordance with its religious mission. Therefore, the Diocese is the de facto co-owner and/or co-operator of the subject Facility. As such, both parties are jointly and severally liable as owners/operators pursuant to the Asbestos NESHAP. As result of a citizen’s complaint lodged with the State of Delaware, a duly authorized inspector from EPA conducted an inspection at the Facility on September 1, 2009 to verify the Respondents’ compliance with the asbestos NESHAP at its renovation project at the Facility. During its inspection, EPA observed those areas of the Facility where asbestos abatement activities were being conducted – the gym stairwells, basement, cafeteria kitchen, and storage areas. During the inspection, dry, and friable VAT debris was observed on the ground throughout the basement cafeteria, kitchen, and storage areas. As a result of the inspection and follow-up, EPA determined that Respondents had: 1) failed to keep stripped regulated asbestos containing material adequately wet until collected for disposal; 2) failed to provide notification of renovation activities; and 3) failed to have a trained on-site representative present during the renovation activities.

Defendants (1)

• DIOCESE OF WILMINGTON, DE ET. AL.Named in complaint

Facilities (1)

• ST. PETER CATHOLIC SCHOOL

  515 HARMONY STREET, NEW CASTLE,, DE, 19720

  Registry ID: 110040071034

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (2 milestones)

• 2010-06-22Complaint Filed/Proposed Order
• 2010-06-24Enforcement Action Data Entered