# BUFFALO BD OF ED-PS 28
> **Judicial** · FY1986 · — · Final Order With Penalty
## Case
- **Activity ID:** `2203`
- **Case Number:** 02-1986-0282
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $10K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BUFFALO BD OF ED (complaint) (settlement)
- BUFFALO, CITY OF (complaint) (settlement)
## Summary

EPA REGION II SEEKS RESOLUTION OF A 10-YEAR ENFORCEMENT    STALEMATE WITH THE BUFFALO BOARD OF EDUCATION THROUGH THIS   THREE-FACILITY REFERRAL.  THE OBJECTIVE IS TO BRING THE      BOARD INTO COMPLIANCE WITH 6 NYCRR SECTION 227.4 AND TO      COLLECT APPROPRIATE CIVIL PENALTIES.                           ON 4/10/85, EPA ISSUED A NOV TO THE BUFFALO BOARD OF EDU-  CATION.  THE NOV, ISSUED PURSUANT TO CAA/113, 42 USC 7413,   CITED THE BOARD FOR VIOLATIONS OF THE NY SIP STANDARDS FOR   SMOKE EMISSIONS, 6 NYCRR SECTIONS 227.4.  THE BOARD OWNS AND OPERATES THE THREE SCHOOLS WITH COAL-FIRED BOILERS AT ISSUE  (P.S. 28, P.S. 59, ROOSEVELT ACADEMY).                         A NOV CONFERENCE WAS HELD ON 5/1/85, AT WHICH TIME THE     BOARD'S REPRESENTATIVE PRESENTED THE BOARD'S POSITION,  OUT- LINED THE BOARD'S PLANS TO BRING THE OFFENDING SCHOOLS INTO  COMPLIANCE AND STATED THAT THE BOARD WOULD PROVIDE EPA WITH  PERIODIC PROGRESS REPORTS.  EPA RECEIVED ONE SUCH REPORT,    TWO WEEKS AFTER THE NOV CONFERENCE.  FOLLOW-UP INSPECTIONS   CONDUCTED BY NYSDEC & EPA ESTABLISHED CONTINUING VIOLATIONS  AT THE SCHOOLS IN EARLY 1986.  THIS REFERRAL IS THE RESULT O OF THOSE DETERMINATIONS.                                       PROPOSED RELIEF SOUGHT:  ORDER AND COMPLIANCE SCHEDULE RE- QUIRING THE BOARD TO COMPLY WITH 6 NYCRR 227.4; CIVIL PENAL- TY OF $64,000 - CALCULATED IN ACCORDANCE WITH THE CLEAN AIR  ACT CIVIL PENALTY POLICY.                                      SIGNIFICANT NATIONAL OR PRECEDENTIAL

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*