Region 3 Issues Administrative Penalty Order Against Diocese of Wilmington and St. PeterÂs Church for CAA Asbestos NESHAP Violations. [Docket No. CAA-03-2010-0312] (Proposed Penalty of $52,403) On or about June 22, 2010, EPA issued the above captioned administrative complaint. At all times relevant to this Complaint, Respondent St. PeterÂs Church was directly engaged in controlling, operating and supervising a renovation operation which included the removal of regulated asbestos containing material (ÂRACMÂ) from St. Peter the Apostle School (a/k/a Saint PeterÂs Catholic School), a parochial elementary school located at 515 Harmony Street, New Castle, DE 19720. According to EPA records, the Facility is also deeded to Respondent St. PeterÂs Church, a non-profit religious corporation/institution of the State of Delaware; however, the Facility itself is part and parcel of the Diocese family of parochial schools which the Diocese leases, operates, controls or supervises in accordance with its religious mission. Therefore, the Diocese is the de facto co-owner and/or co-operator of the subject Facility. As such, both parties are jointly and severally liable as owners/operators pursuant to the Asbestos NESHAP.
As result of a citizenÂs complaint lodged with the State of Delaware, a duly authorized inspector from EPA conducted an inspection at the Facility on September 1, 2009 to verify the Respondents compliance with the asbestos NESHAP at its renovation project at the