EPA Fines Seven Tucson Schools Over Asbestos
The U.S. Environmental Protection Agency (EPA) has fined seven Tucson charter school operators a combined total of $67,240 for violations of the Asbestos Hazard Emergency Response Act.
The U.S. Environmental Protection Agency (EPA) has fined seven Tucson charter school operators a combined total of $67,240 for violations of the Asbestos Hazard Emergency Response Act.
In May 2006, EPA inspectors discovered the school operators all failed to conduct inspections to determine if asbestos-containing material was present in school buildings and failed to develop asbestos management plans. Accredited inspectors later found asbestos in six of the schools. All of the schools since have taken necessary actions to comply with the law.
Inspectors discovered asbestos at all four schools during inspections. Each school now has a management plan, including the location of the asbestos and how the school will properly manage the asbestos to reduce the risk of exposure. Inspection findings:
• City High School. The operator of the school, Tucson Small School Project Inc., was fined $8,800. During an inspection, the inspector found asbestos materials, including an area of damaged acoustic ceiling plaster that needed removal.
• Toltecali Academy, Calli Ollin Academy, and Hiaki High School. The schools’ operator was fined $7,300. During an inspection of Calli Ollin Academy, the inspector found asbestos materials, including about 3 linear feet of damaged pipe insulation. The school since has implemented a management plan and removed damaged asbestos material for Calli Ollin Academy. Toltecali Academy was constructed in 2002, and a letter from the builder of the school confirmed that no asbestos containing building material was used in construction. Asbestos was not found during an inspection of Hiaki High School, but the inspection was not conducted prior to operating the school. The school operator also failed to maintain an asbestos management plan and has since developed a plan and has records available showing no asbestos was found at Hiaki.
• Southside Community School. The operator, Aprender Tucson, will pay a cash penalty of $1,453, after subtracting the EPA-approved costs of complying with the law from a $2,040 fine. After the EPA’s inspection, the school operator obtained written confirmation from the builder of the school that no asbestos was used in construction but failed to maintain an asbestos-management plan. The school now has an asbestos-management plan and records available showing no asbestos was used in the school’s construction.
Each school is allowed to subtract properly documented costs of complying with the regulations from the penalty amount.
Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings. Schools also must appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections, properly train the maintenance and custodial staff, and maintain records in the management plan.
Local education agencies must keep an updated copy of the management plan in its administrative office and at the school, which must be made available for inspection by parents, teachers and the general public.
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