EPA v. ONEKAMA SCHOOLS

Case summary

ON JUNE 25, 1997, ONEKAMA SCHOOLS HAD ONE OF THE SCHOOL BUILDINGS RENOVATED. THE RENOVATION INCLUDED REMOVAL OF CEILINGS TILES. DURING THE RENOVATION, ONE OF THE CONTRACT- ORS NOTICED MATERIAL WHICH HE SUSPECTED AS BEING ASBESTOS. SUBSEQUENT TESTING REVEALED ASBESTOS IN PIECES OF CEILING TILE. ON JUNE 10, 1998, USEPA ISSUED A FINDING OF VIOLAT- ION (FOV) TO ONEKAMA SCHOOLS FOR VIOLATIONS OF THE ASBESTOS NESHAP. ONEKAMA SCHOOLS WAS CITED FOR FAILING TO THOROUGHLY INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE RENOVATION; FAILING TO NOTIFY EPA OF THE INTENT TO RENOVATE AT LEAST 10 DAYS BEFORE THE WORK BEGAN; FAILING TO REMOVE ALL REGULATED ASBESTOS-CONTAINING MATERIAL BEFORE RENOVATION; FAILING TO ADEQUATELY WET THE RACM AND ENSURE THAT IT REMAINED WET UNTIL DISPOSAL; FAILING TO SEAL THE RACM IN LEAK-TIGHT CONTAINERS; AND FAILING TO DEPOSIT ALL ASBESTOS-CONTAINING WASTE MATERIAL AS SOON AS PRACTICAL AT AN EPA APPROVED DISPOSAL SITE. AFTER MEETING WITH REPRESENTATIVES OF THE SCHOOL, WHO INFORMED EPA OFFICIALS THAT AN EARLIER AHERA INSPECTION HAD INDICATED THAT NO ASBESTOS WAS PRESENT IN THE FACILITY, A FINAL AGREED ORDER WAS NEGOTIATED. UNDER THE AGREED ORDER, ONEKAMA SCHOOLS AGREED TO COMPLY WITH APPLICABLE REQUIREMENTS OF THE ASBESTOS NESHAP AND SECTION 112 OF THE CAA IN ANY FUTURE DEMOLITION OR RENOVATION ACTIVITY.

Defendants (1)

• ONEKAMA SCHOOLSNamed in settlement

Facilities (1)

• ONEKAMA SCHOOLS

  5016 MAIN ST., ONEKAMA, MI, 496758211

  Registry ID: 110010742081

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ONEKAMA SCHOOLSentered 1998-10-19

  Primary law: CAA

Timeline (3 milestones)

• 1998-10-13Enforcement Action Data Entered
• 1998-10-19Final Order Issued
• 1999-09-25Enforcement Action Closed