The Newark Public Schools (NPS) System owns or operates approximately eighty schools in Newark, New Jersey and the majority of the schools (approximately seventy five) have been either found to have or are suspected to have asbestos-containing material (ACM) or asbestos-containing building material (ACBM). Under the Asbestos Hazard Emergency Response Act (AHERA), NPS, as the Local Education Agency (LEA), is responsible for inspecting all school buildings, developing asbestos management plans and carrying out the details of such plans in a timely manner.
As part of the Newark�s Children Health Initiative, EPA inspected five public schools in New Jersey. The findings showed that all schools were deficient in maintaining updated management plans, conducting triennial inspections, and notifying parents, teachers, and staff of the availability of these management plans. In addition, damaged or disturbed ACM/ACBM was observed in three out of the five schools initially inspected. The AHERA violations indicated the LEA�s failure to oversee AHERA compliance was a widespread problem.
EPA issued a Consent Agreement and Final Order (CA/FO) to address AHERA violations uncovered at five schools. The CA/FO includes a multi-day penalty component (that NPS can use to achieve AHERA compliance in all its schools).