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EPA Settles Complaint Over Asbestos Violations at Erie Parochial School

Release Date: 8/10/1999
Contact Information: Roy Seneca (215) 814-5567

ERIE, Pa. -- The U.S. Environmental Protection Agency today announced the settlement of its complaint over asbestos management violations that occurred during the installation of a drop-ceiling at the Our Lady of Peace elementary school in Erie, Pa.

In a September 30, 1998 administrative complaint, EPA cited the Catholic Diocese of Erie and Erie Contract Interiors Inc. (ECI) for violating the Asbestos Hazard Emergency Response Act (AHERA), which is the federal law governing the management of asbestos-containing materials in schools. The complaint also cited the project designer Tim Benson; and Russell Rydzewski, the diocese’s designated AHERA representative.

According to EPA, from December 1996 to March 1997 and in the summer of 1997, Benson designed and ECI installed a drop ceiling at the school. This work involved drilling and breaking holes into existing asbestos-containing ceiling tiles. Neither ECI nor Benson had the accreditation required under AHERA to conduct these activities.

EPA’s complaint alleged that the Catholic Diocese of Erie -- as the owner of the school -- had failed to conduct required reinspections of asbestos material at the school, and that Rydzewski allegedly failed to visually inspect the renovation and conduct required air sampling during and after the renovation.

Under the terms of the consent agreements, ECI will pay a $9,460 penalty and spend an additional $10,000 for AHERA training for its own employees and members of a local laborers union. Benson has agreed to pay a $1,000 penalty and attend a three-day AHERA Project Designer training course costing $390. EPA had previously reached a settlement with the diocese and Rydzewski where they agreed to pay a $1,510 total penalty and also agreed to spend an additional $4,879 on a supplemental environmental project to remove all asbestos-containing acoustical plaster from a classroom at St. Joseph’s School in Sharon, Pa.