Document qkGYLwngVB3KB3Xw2Mb1K0G8G

r PLAINTIFF'S EXHIBIT Have you heard of AHERA? AHERA is the acronym for "Asbestos Hazard Emer gency Response Act of 1986" Public Law 99-519. The Environmental Protection Agency (EJ>A) has determined that standards need to be established for the proper identification of asbestos-containing naterial, the appropriate response actions to be taken and the manner in which the actions are to be oonducted. Due to the lack of standards and regulatory guidance, it has been determined that scire schools have not undertaken re sponse actions while others have oonducted extensive projects which may have been unnecessary , inadequate or unsafe. The danger of exposure to school students ray have increased due to the lack of standards and improper response action. The establishment of these standards will place the responsibility of identifying asbestos-containing naterials (ACM) in school buildings and the taking of appropriate actions to control the release of asbes tos fibers on the local educational agency (IEA). The LEA will be required to describe their actions in a management plan and to use specially trained and accred ited persons "to oonduct inspections, reinspections, develop management plans, or perform response actions." The latest rule will require the identification of FRIABLE and NCM-FRIABLE ACM in public and private elementary and secondary schools. Previous rulings focused upon FRIABLE asbestos and the actions to be taken when the exposure levels indicated the implementa tion of abatement action. The latest rule requires LEAS to prepare and submit management plans to the Governor of their State by Octo ber 12, 1968, to implement the plans by July 9, 1989, and complete implementation of the plan in a timely fashion. The rule also includes recordkeeping require ments, and the proper transportation and disposal of asbestos waste in compliance with requirements of the Department of Transportation and the National Emission Standard for Hazardous Air Pollutants. The local Education Agency's responsibilities are: 1) To ensure that any activity performed is in accordance with the rule. 2) Tb properly train all custodial and mainte nance employees. 3) Tb inform at least annually workers are! build ing occupants, or legal guardians of inspec tions, reinspections, response actions and response action activities to include surveil lance activities planned or in progress. 4) Tb ensure that short-term workers who may acme in contact with asbestos are provided information regarding the location of asbestos- containing building materials (ACBM) and sus pected ACBM assured to be ACM are instruc ted in safe work practices regarding such naterials. 5) TO post warning labels. 6) Tb make management plans available and notify parent, teacher and employee organizations. 7) Tb designate a person to implement the program and have that person receive adequate training to perform their duties. AHEkA, which is Title II of The Toxic Substance Control Act nakes it unlawful for a LEA to: 1) Fail to oonduct inspections 2) Fail to use accredited personnel atories and labor 3) Knowingly submit false information 4) Fail to develop a management plan A violation of Title II of the Act may bring a dvil penalty of not irc,,.= Ilian $5,000 per day. A "viola tion" means noncccipl, lance in a single school building. Also, a violation of Title II constitutes a violation of Title I of the Act. Title I makes it unlawful to fail or refuse to maintain required records, submit reports, post notices and other information, to refuseaccess to buildings and records or to interfere with inspections. ViuiuLicjns under Titie I of the Act snail bring civil penalties up to $25,000 for each violation. If any Tonal Education Agency knowingly, or willfully, commits a violation, criminal penalties may be assessed. David B. Letscher is Director of Research and Developr ment for the firm of Ccn -Safe, Inc. of Altoona, pa_ CONSULTANT PO Box 3367 Aboon.i PA 16603 ;07LV CERTAIN-TEED PRODUCTS C0RP. . <%C'- i PIEE & PLASTICS GROUP ATTN: PLANT MANAGER & P0 BOX 860 VALLEY FORGE, PA 19482 Bulk Rate U.S. POSTAGE PA i D Ho i l idaysburq, PA Perit #62 /3 CTD002112 Ill //'-X _ -ISSN Ceai-0349 1 Environmental Health/Occupational Safety CONSULTANT Vol.1, No. 9 -$2.00~ September 1987 Real Estate Liability Under Environmental Laws I What's i. ,, ............ Environmental regulations affecting real estate transac tions have increased dramatically in the past years, causing brokers to carefully review commercial property history. Present owners of property, unbeknown to them, may be living on a legal time bomb, ready to -be set off wnen environ mental contamination surfaces. Even persons who have sold prop erty years ago are being subjected to liability for clean up. Strangely, lenders are being lead down the legal path for recov ery, also. Currently, Pennsylvania has "no direct" regulations affect ing environmental concerns toward real estate transactions. However, a Federal House Bill (H.R. 2837) will require states to implement a "State Radon Program." Yet another bill will require asbestos identification, not only in commercial build ings but also in residential homes. Mew Jersey adopted a Cleanup Responsibility Act governing property. Other states generally follow New Jersey's example concerning environmental issues, so you should be looking in the near future for Pennsylvania rulings. Generally, New Jersey law states "It must be determined by the broker or agent listing the property whether the property generated, manufactured, transported, treated, stored or dis posed of hazardous waste including petroleum products (i.e. oil, solvents, degreasers), and fuel oil for heating purposes." (New Jersey Environmental Cleanup Responsibility Act) Factors disclosed above are generally not considered when commercial property is placed on the listings. Agents are una ware of the legal ramifications, even years down the road, not only toward the buyer and sel.'crs but also for the real estate agencies. Viiether you are working for the seller or buyer, it is obviously of importance that the parties to a transaction deter mine who will be responsible for environmental prior to drafting a purchase and sells agreement. liabilities Vfe encourage agencies to purchase "Environmental Law and Real Estate Handbook" published by Government Institutes, Inc., 966 Hungerford Drive, #24, Rockville, MD 20850. EMERGENCY PLANNING VO : i . * r . - AND COMMUNITY - " ' J - RIGHT-T0-KN0W____.5 ^ TORMALDEHYDE POUND CARCINOGENIC3 ' 1, HAVE YOU HEARD' OF L "`L-ll fcSv-1 4V.BC rwi-fr-fTT'; '. : HAZARDOUS 1.WASTE '-v*'^ MANAGEMENT .. 1 .-i -f'-i L-'OSHA: iYOUR-7WORKPLACE ft! : RIGHTS :IN : Ir; "r'-: 7 ; ' - `ACTIONII.VH.TEI . 12 - REAL ESTATE-iLIABILITYd -i -.._w:L-UNDERiENVIRON--_-tiV,IV ^HElMATERIALjSAraT^M^ Christopher Tate, Vice President/Ccn-Safe, Inc. v; CON-SAFE. INC. PO.Box 2267. Altoona Pa. 16603 Phone 814-696-1221 or 946-8778 CTD002113