EPA Fines Charter Schools after Asbestos Violation Inspections

Read the May 2008 Press Release from the EPA regarding the fines assessed against a company managing charter schools in Arizona after inspections revealed asbestos materials were present.

In August, 2006, accredited inspectors conducted asbestos inspections at “Lito” Pena Learning Center, Manuel Bojorquez Learning Center, Raul H. Castro Learning Center, Cesar Chavez Learning Center, Jose Yepez Learning Center, Celestino Fernandez Learning Center, John David Arnold Learning Center, Victor Soltero Learning Center, Eugene Lopez Learning Center, and Robles Junction Learning Center.

The Raul H. Castro Learning Center and the Celestino Fernandez Learning Center were each found to have about 600 square feet of asbestos containing building materials, while about 500 square feet of asbestos containing building materials was found at the Manuel Bojorquez Learning Center. No asbestos was found at the other schools. Management plans for each of these schools were prepared in August 2006.

PPEP also holds the charter for the Arizona Virtual Academy, where an asbestos inspection was conducted on August 7 and 9, 2007. No asbestos was found. Management plans for the two locations of the Arizona Virtual Academy offices were prepared in September 2007.

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 asbestos materials found in school buildings.

Schools that do not contain asbestos-containing material must still develop a management plan that identifies a designated person, and includes an architect’s statement or building inspection, and the annual notification to parents, teachers, and employees regarding the availability of the plan.

The EPA’s rules also require the school to appoint a designated person who is trained to oversee asbestos activities and ensure the school complies with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections, properly train 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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