EPA v. HARRISON 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 THE REINSPECTIONS THAT WERE DUE IN 1995 AND 1998 AT THE SCHOOLS. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.85(B). COUNT II RESPONDENT FAILED AFTER, THE INITIAL NOTIFICATION, TO NOTIFY PARENT, TEACHER, AND EMPLOYEE ORGANIZATIONS, IN WRITING AT LEAST ONCE EACH SCHOOL YEAR, OF THE AVAILABILITY OF MANAGE- MENT PLANS FOR THE SCHOOLS AND TO INCLUDE IN THE MANAGEMENT PLANS, DATED COPIES OF SUCH NOTIFICATIONS. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.93(G)(4). COUNT III RESPONDENT FAILED TO PROVIDE THE TWO HOURS OF AWARENESS TRAINING REQUIRED FOR ALL MEMBERS OF ITS MAINTENANCE AND CUSTODIAL STAFF WO MAY WORK IN BUILDINGS THAT CONTAIN ACBM. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.92(A)(1). COUNT IV RESPONDENT FAILED TO PROVIDE THE 14 HOURS OF ADDITIONAL TRAINING REQUIRED FOR MAINTENANCE AND CUSTODIAL STAFF WHO CONDUCT ACTIVITIES THAT WILL RESULT IN THE DISTURBANCE OF ACBM. IN VIOLATION OF TSCA 40 C.F.R. SECTION 763.92(A)(2). COUNT V RESPONDENT FAILED TO ENSURE THAT SHORT-TERM WORKERS WO MAY HAVE COME IN CONTACT WITH ASBESTOS IN A SCHOOL WERE PROVIDED INFORMATION REGARDING THE LOCATIONS OF ACBM AND SUSPECTED ACBM ASSUMED TO BE ACM. CACO ISSUED 2/14/2000 ASSESSING A PENALTY OF $0. RESPONDENT PROPOSED PENALTY OF $5,0000 HAS BEEN REDUCED TO $0, BECAUSE MORE THAN $5,500 HAS BEEN SPENT TO COME INTO COMPLIANCE.

Defendants (1)

• HARRISON COUNTY SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• D'IBERVILLE HIGH SCH

  3320 WARRIOR DR, DIBERVILLE, MS, 39532

  Registry ID: 110022127651

Statutes cited

• TSCA 151D — Toxic Sub Control Act

Enforcement conclusions (1)

• HARRISON COUNTY SCHOOLentered 2000-02-14

  Primary law: TSCA

Timeline (3 milestones)

• 1999-09-30Complaint Filed/Proposed Order
• 1999-10-13Enforcement Action Data Entered
• 2000-02-14Final Order Issued