EPA v. LITTLE ROCK SCHOOL DISTRICT

Case summary

THE DEFENDANT IS THE LITTLE ROCK SCHOOL DISTRICT (LRSD), WHICH OWNS AND OPERATES SOME FIFTY PUBLIC SCHOOL LOCATED IN PULASKI COUNTY, ARKANSAS. FOR THE 1989-1990 SCHOOL YEAR, THE DISTRICT HAD AN ENROLLMENT OF 26,500 STUDENTS, AND EMPLOYED 1,382 TEACHERS. ON MARCH 29, 1991, EPA TRANSMITTED A CIVIL LITIGATION REPORT TO THE DEPARTMENT OF JUSTICE AND THE OFFICE OF ENFORCEMENT CONCERNING ASBESTOS VIOLATIONS AT THE PANKY EXCEPTIONAL SCHOOL BETWEEN JULY, 1990 AND JANUARY, 1991 UNDER THE CLEAN AIR ACT AND THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT. EPA HAS NO RECORD OF OTHER ENVIRONMENTAL ENFORCEMENT ACTIONS AGAINST LRSD. WATSON ELEMENTARY SCHOOL IS LOCATED AT 7000 VALLEY DRIVE IN LITTLE ROCK, ARKANSAS. WATSON ELEMENTARY SCHOOL WAS INSPECTED FOR ASBESTOS IN ACCORDANCE WITH THE REQUIREMENTS OF THE ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA), BY MORRIS AND ASSOCIATES, CONTRACTORS FOR THE LITTLE ROCK SCHOOL DISTRICT. ACCORDING TO THE SEPTEMBER 5, 1988 AHERA COMPLIANCE INSPECTION REPORT, THE FLOOR AREA OF THE BUILDING IS 53,846 SQUARE FEET. THERE WAS 2' X 4' LAY-IN CEILING TILE THROUGHOUT THE BUILDING, EXCEPT FOR THE KITCHEN, MECHANICAL ROOM, AND TOILETS. VINYL ASBESTOS FLOOR TILE WAS PRESENT THROUGHOUT THE BUILDING. TWO SAMPLES OF THE CEILING TILE COLLECTED ON SEPTEMBER 5, 1988, WERE EACH FOUND TO CONTAIN 10% AMOSITE ASBESTOS. REX MORRIS AND PATRICK TENNEY OF MORRIS AND ASSOCIATES, THE INSPECTION TEAM, DETERMINED THAT THE CEILING TILE HAD MODERATE WATER DAMAGE AND WAS SOFT AND FRIABLE. ONE SAMPLE OF THE FLOOR TILE WAS TAKEN ON SEPTEMBER 5, 1988, AND FOUND TO CONTAIN 3% CHRYSOTILE ASBESTOS. THE INSPECTION TEAM DETERMINED THAT THERE WAS SLIGHT WATER DAMAGE TO THE FLOOR TILE, AND IT WAS ONLY FRIABLE WHERE BROKEN. ON THE MORNING OF AUGUST 10, 1990, JEFF PURTLE, ASBESTOS PROGRAM COORDINATOR FOR THE ARKANSAS DEPARTMENT OF POL- LUTION CONTROL AND ECOLOGY (ADPC&E), RECEIVED TWO TELEPHONE CALLS EXPRESSING CONCERN ABOUT THE MANNER OF FLOOR TILE REMOVAL BEING PERFORMED BY SCHOOL EMPLOYEES AT THE WATSON ELEMENTARY SCHOOL. HE WENT TO THE SCHOOL TO INSPECT THE FLOOR TILE REMOVAL PROJECT AND ANOTHER ASBESTOS ABATEMENT PROJECT BEING PERFORMED BY J. GRAVES INSULATION COMPANY. WHEN MR. PURTLE BEGAN INSPECTION OF THE FLOOR TILE REMOVAL A SCHOOL EMPLOYEE, RANDY CAMPBELL, WAS PLACING THE LAST OF THE REMOVED FLOOR TILE IN A DISPOSAL BAG. THE TILE HAD BEEN REMOVED MANUALLY BY USE OF A CHIPPER, WHICH BREAKS AND SCRAPES THE TILE FROM THE FLOOR SURFACE. THE TILE HAD BEEN REMOVED FROM AN 8' X 17' JANITORIAL ROOM. MR. PURTLE NOTED THAT THE FLOOR WAS DRY; THE MATERIAL IN THE BAG WAS DRY; AND NO WETTING EQUIPMENT WAS PRESENT. HE COLLECTED TWO SAMPLES FROM THE DISPOSAL BAG. WHILE COL- LECTING THESE SAMPLES, HE CRUMBLED A FRAGMENT OF TILE IN SEVERAL SMALLER PIECES INTO THE SAMPLE BOTTLE WITH ONE HAND. HE THEREFORE CLASSIFIED THE MATERIAL AS FRIABLE IN HIS INSPECTION REPORT. ANALYSIS OF THE TWO SAMPLES WAS COMPLETED ON AUGUST 13, 1990. ONE COMPOSITE SAMPLE OF TILE AND MASTIC WAS FOUND TO CONTAIN APPROXIMATELY 10% CHRYSOTILE ASBESTOS. HOWEVER, THE MASTIC WAS LESS THAN 1% OF THE TOTAL SAMPLE, AND IT CONTAINED APPROXIMATELY 25% CHRYSOTILE ASBESTOS. THE OTHER COMPOSITE SAMPLE CONTAINED APPROXIMATELY 7% CHRYSOTILEASBESTOS AND THE MASTIC PORTION CONTAINED APPROXIMATELY 5% CHRYSOTILE ASBESTOS. MR. PURTLE ALSO NOTED THE FOLLOWING ITEMS DURING HIS INSPECTION OF THE FLOOR TILE REMOVAL PROJECT: 1) NO CONTAINMENT OF THE WORK AREA; 2) NO AIR FILTRATION SYSTEM; 3) THE DOOR OF THE JANITORIAL ROOM WAS OPEN INTO THE MAIN HALLWAY, 4) STUDENT REGISTRATION WA

Defendants (1)

• LITTLE ROCK SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• LITTLE ROCK PUBLIC SCHOOLS

  810 WEST MARKHAM, LITTLE ROCK AFB, AR, 72205

  Registry ID: 110001702015

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• LITTLE ROCK SCHOOL DISTRICTentered 1994-12-16

  Primary law: CAA

  Federal penalty: $45,680

Timeline (8 milestones)

• 1990-12-20Enforcement Action Data Entered
• 1991-06-28PRN Sent
• 1991-06-28Referred To Dept Of Justice
• 1994-11-14Complaint Filed With Court
• 1994-12-16Final Order Lodged
• 1994-12-16Final Order Entered
• 1994-12-16Concluded
• 1995-03-02Enforcement Action Closed