Cedar Rapids school district says DNR asbestos report has errors, incomplete information

CEDAR RAPIDS - The Cedar Rapids school district on Thursday said an Iowa Department of Natural Resources report that alleges violations of asbestos removal requirements earlier this year at Washington High School contains errors and incomplete information.

The DNR 'litigation report,” which came to light on Monday, asks the state's Environmental Protection Commission to refer the alleged violations on to the Iowa Attorney General for possible litigation against the school district, as owner of the high school, and against the district's asbestos removal contractor, Abatement Specialties of Cedar Rapids.

The district and contractor face fines if the litigation proceeds and they lose.

In a statement on Thursday, Marcia Hughes, the school district's community relations supervisor, said the district reviewed the DNR report this week with the district's project architect/engineer and legal counsel and found fault in it.

First, the district said there were no students or staff members in parts of the school where the DNR alleges that uncontained asbestos was found,

In the litigation report, the DNR stated that its review of employee records indicates that 119 workers from at least eight construction businesses were on site at Washington High School from June 8 though July 15, through the DNR said it was 'unknown how many school employees, students and general public were in the school during that same time period.”

In its response to the DNR report, the district also said it immediately took appropriate measures when it was made aware of uncontained asbestos.

In addition, the district said it 'proactively” closed Washington High School for a few days in July after 'one air sample” in a construction zone was 'slightly higher” than permitted.

Finally, the district said it has cooperated with the DNR and followed its directives at all times related to the asbestos issue.

In the DNR litigation report, the district and its contractor are accused of failing to remove all regulated asbestos containing material before demolition; failing to keep all regulated asbestos containing material adequately wet; and failing to seal all regulated asbestos containing material in leak-tight containers.

The state commission has been scheduled to vote on the DNR litigation request on Tuesday, Dec. 15, but the matter has been put off until January to give the DNR a chance to talk about the report with the contractor. The DNR has talked to the district, the DNR has said.

Kelli Book, an attorney for the DNR, said she expected the school district and the contractor to make a presentation to the state commission in January before the commission decides whether to pursue litigation.

Book said the Attorney General can seek a penalty of $10,000 a day per violation, but she said the Attorney General typically seeks to reach a settlement before a matter heads into court.

Abatement Specialists had no comment on the matter Monday.