EPA v. MARION COUNTY SCHOOL DISTRICT

Case summary

COMPLAINT FILED 9/30/99 PROPOSING A PENALTY OF $5,500. COMPLAINT ALLEGES: COUNT I RESPONDENT FAILED TO CONDUCT A REINSPECTION OF ALL FRIABLE AND NONFRIABLE KNOWN OR ASSUMED ACBM IN EACH SCHOOL BUILDING THAT IT LEASES, OWNS, OR OTHERWISE USES AS A SCHOOL BUILDING AT LEAST ONCE EVERY THREE YEARS AFTER THE MANAGEMENT PLAN IS IN EFFECT. THE LEA FAILED TO CONDUCT REINSPECTIONS THAT WERE DUE IN 1994 AND 1997 AT THE SCHOOLS. IN VIOLATION OF 40 C.F.R. SECTION 763.85(B). COUNT II RESPONDENT FAILED TO NOTIFY PARENT, TEACHER, AND EMPLOYEE ORGANIZATIONS, IN WRITING AT LEAST ONCE EACH SCHOOL YEAR, OF THE AVAILABILITY OF MANAGEMENT PLANS FOR THE SCHOOLS AND FAI LED TO INCLUDE THE MANAGEMENT PLANS, DATED OF SUCH NOTIFI- CATIONS. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.93(G)(4 COUNT III RESPONDENT FAILED TO ENSURE THAT SHORT-TERM WORKERS WHO MAY COME IN CONTACT WITH ASBESTOS IN A SHCOOL WERE PROVIDED INFORMATION REGARDING THE LOCTIONS OF ACBM AND SUSPECTED ACBM ASSUMED TO BE ACM. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.84(D). COUNT IV RESPONDENT FAILED TO CONDUCT PERIODIC SURVEILLANCE IN THE SCHOOLS AFTER OCTOBER 17, 1989. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.92(B)(1). CACO ISSUED 1/14/2000. RESPONDENT HAS SPENT MORE THAN $5,550 TO COME INTO COMPLIANCE. PENALTY IS REDUCED TO ZERO.

Defendants (1)

• MARION COUNTY SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• MARION COUNTY SCH DISTRICT

  630 CEDAR ST, FOXWORTH, MS, 39483

  Registry ID: 110010581094

Statutes cited

• TSCA 151D — Toxic Sub Control Act

Enforcement conclusions (1)

• MARION COUNTY SCHOOL DISTRICTentered 2000-01-14

  Primary law: TSCA

Timeline (3 milestones)

• 1999-09-30Complaint Filed/Proposed Order
• 1999-10-13Enforcement Action Data Entered
• 2000-01-14Final Order Issued