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DEQ Levies Fine over Metolius School Asbestos Removal

Jefferson County Schools Appeal $33,173 Penalty

POSTED: 9:51 pm PDT June 14, 2010
UPDATED: 9:55 pm PDT June 14, 2010
The Oregon Department of Environmental Quality said Monday it has issued $33,173 in penalties to Jefferson County School District 509-J and two employees for environmental law violations during an asbestos removal project last summer at Metolius Elementary School.

DEQ penalized the school district $11,573 for allowing the two employees to perform an unlicensed asbestos abatement project at the school, located at 420 SW Butte Ave. in Metolius.

The employees removed approximately 260 square feet of asbestos-containing floor tiles from the school’s kitchen area in June and July of 2009.

The actions likely released harmful asbestos fibers into the air during a period when the building was open for summer school activities. In addition, according to DEQ, the employees disposed of the asbestos-containing material unpackaged and in a cafeteria trash container at the school.

DEQ issued $10,800 penalties to the two school district employees, Timothy Whitaker of Culver, and Vernon Leroy Middleton of Madras, for performing an unlicensed asbestos abatement project.

The agency also cited Whitaker, Middleton and the school district for failing to dispose of all the asbestos-containing waste material at an authorized waste disposal site, but did not assess penalties for those violations.

The Jefferson County School District has notified DEQ that it is appealing its penalty and is appealing on behalf of both Whitaker and Middleton.

"The district believes there was an error in the report," Superintendent Rick Molitor said Monday. "We are working with DEQ to set up a hearing date."

DEQ alleges that removal of the floor tiles crushed and broke up the tiles, likely releasing asbestos fibers into the atmosphere. In assessing the penalties to Whitaker and Middleton, DEQ expressed concerns that the two workers pulverized the tiles as they were removing them, despite knowing the tiles contained asbestos.

Asbestos fibers are a respiratory hazard proven to cause lung cancer, mesothelioma and asbestosis, and asbestos is a danger to public health and a hazardous air contaminant for which there is no known safe level of exposure.

In assessing the district’s penalty, DEQ noted that as the school’s owner, the district is responsible for ensuring that asbestos in the school is properly managed.
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