EPA v. HOUSTON INDEPENDENT SCHOOL DISTRICT

Case summary

1. SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2615(A). 2. HOUSTON INDEPENDENT SCHOOL DISTRICT FACILITY: AUSTIN SENIOR HIGH SCHOOL BUILDINGS C AND D 1700 DUMBLE STREET HOUSTON, HARRIS COUNTY, TEXAS 77023 3. RESPONDENT WAS IN VIOLATION OF SECTION 15(1)(C) OF TSCA BY 1) FAILING TO PERFORM INITIAL MONITORING TO DETERMINE ACCURATELY THE AIRBORNE CONCENTRATIONS OF ASBESTOS TO WHICH EMPLOYEES WERE EXPOSED AND FAILING TO KEEP AN AC- CURATE RECORD OF ALL MEASUREMENT TAKEN TO MONITOR EMPLOY- EE EXPOSURE, 2) FAILING TO ESTABLISH A REGULATED AREA, INCLUDING THE USE OF NEGATIVE PRESSURE ENCLOSURES, AND FAILING TO HAVE A TRAINED COMPETENT PERSON SUPERVISE THE REMOVAL ACTIVITIES, 3) FAILING TO PROVIDE PERSONAL PRO- TECTION TO EMPLOYEES WHO CONDUCTED THE ASBESTOS ABATEMENT PROJECT INCLUDING RESPIRATORY PROTECTION, PROTECTIVE CLOTHING, LAUNDERING OF CONTAMINATED CLOTHING, CLEAN CHANGE AND DECONTAMINATION AREA, 4) FAILING TO FOLLOW EN- GINEERING CONTROLS AND WORK PRACTICES, INCLUDING THE USE OF WET METHODS OR WETTING AGENTS, FAILING TO COLLECT AND DISPOSE OF ASBESTOS WASTE, SCRAP, DEBRIS, BAGS, CONTAIN- ERS, EQUIPMENT, AND CONTAMINATED CLOTHING CONSIGNED FOR DISPOSAL INSEALED, LABELED, IMPERMEABLE BAGS OR OTHER CLOSED, LABELED, IMPERMEABLE CONTAINERS, AND 5) FAILING TO PLACE WARNING SIGNS THAT DEMARCATED THE REGULATED AREA AND TO AFFIX WARNING LABELS ON ALL ASBESTOS CONTAINERS. 4. RELIEF SOUGHT PURSUANT TO SECTION 16(A) OF TSAC, EPA PRO- POSES A CIVIL PENALTY OF $21,450.

Defendants (1)

• HOUSTON INDEPENDENT SCHOOL DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• AUSTIN SENIOR HIGH SCH

  1700 DUMBLE ST, HOUSTON, TX, 770233139

  Registry ID: 110010642439

Statutes cited

• TSCA 151C — Toxic Sub Control Act

Enforcement conclusions (1)

• HOUSTON INDEPENDENT SCHOOL DISTRICTentered 1998-07-01

  Primary law: TSCA

  Federal penalty: $2,500

Timeline (5 milestones)

• 1997-11-20Complaint Filed/Proposed Order
• 1997-11-24Enforcement Action Data Entered
• 1998-07-01Final Order Issued
• 1998-09-24Compliance Achieved
• 1998-09-24Enforcement Action Closed