Ah, Scranton. Home of The Office, coal history, and now—EPA enforcement actions. A recent settlement entered into by the Scranton School District with the U.S. Environmental Protection Agency helps to remind us of obligations that all school districts have under the Asbestos Hazard Emergency Response Act (AHERA).
According to the EPA, Scranton failed to maintain proper asbestos management plans at 15 schools and didn’t keep updated copies of those plans in 19 school buildings as required by AHERA. Scranton received a $40,431 civil penalty. After showing proof that the district’s efforts to comply with AHERA exceeded $40,000, the penalty was reduced to zero.
So, what does AHERA actually require? In short, schools must inspect buildings for asbestos every three years, maintain an updated management plan onsite, notify parents and staff annually of the management plan's availability, designate a contact person, periodically surveil known or suspected asbestos-containing building material, train custodial staff in asbestos awareness, and ensure all inspections and abatement are handled by licensed professionals. If you are unsure where your asbestos management plans are or cannot recall the last time they were reviewed, now may be the time for a review. At KSB, we have a sample asbestos plan which can be purchased for a nominal fee.
If you have questions about obligations under AHERA or would like to purchase a sample plan, please contact us at ksb@ksbschoollaw.com.