Asbestos debris dumped near East Penn school; some residents want an investigation

Two East Penn School District residents on Monday urged board members to pursue an investigation of who dumped asbestos siding and other construction debris near Wescosville Elementary School.

Giovanni Landi, of Emmaus, and Chris Donatelli, of Lower Macungie Township, said East Penn should involve law enforcement or other appropriate authorities before the debris is removed. Failure to do so would be tantamount to a coverup, they argued.

The board's decision not to involve authorities sends the message that "if you dump hazardous materials at our schools and endanger our children, we will cover up your crime," Landi said.

School director Lynn Donches made a similar argument Sept. 8 when the board hired A.L.M. Abatement Services LLC and TCI Environmental Services Inc. to clean up the debris. Removing the debris before an investigation is complete could be construed as tampering with evidence, she said.

School directors voted 8-1 in favor of hiring the contractors and rejected her suggestion to delay cleaning up the debris until after an official probe. Donches dissented.

The removal process is expected to cost the district $18,435, but could add up to more depending on how much asbestos workers find at the site and how much remediation is required, officials said.

The debris was discovered in summer 2013 on a wooded section of the Lower Macungie school's property. District employees at that time buried the debris in a clay-lined hole at the site.

Superintendent J. Michael Schilder, who took over the position July 1, learned about the debris a few weeks ago, began making arrangements for its proper disposal and notified the board. Those who were involved with a decision to bury the debris have since left the district's employ and it's not clear whether they knew it contained asbestos siding, he said.

Donches on Monday reiterated her concerns about how the matter is being handled and said East Penn should ask the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Protection to pursue an investigation. Board member Kenneth Bacher said the district can't compel the EPA or the DEP to do anything -- a statement which was confirmed by board solicitor Marc S. Fisher.

Schilder said the EPA and the DEP are satisfied with East Penn's plan to clean it up and have expressed no interest in investigating who dumped it. Representatives from a certified asbestos management firm assured East Penn that the materials do not pose a health risk to district staff or students, he said.

Pennsylvania State Police cover Lower Macungie, but the superintendent said he doesn't intend to involve them unless the board directs him to do so. His priority is to get the debris cleaned up, he said.

A.L.M. and TCI are registered with the DEP and will obtain necessary permits for the project, Schilder said. According to a Sept. 10 notice on the school website, the removal process is slated to begin in early October and last four to five days, depending on the weather.

Donches said dumping is illegal. Finding out who is responsible for discarding debris at Wescosville Elementary would allow East Penn to seek restitution for their removal and remediation expenses, she said.

"If we can identify the people involved, the taxpayers should not foot the bill," Donches said.

School director Francee Fuller pointed out the debris was discovered in summer 2013, but no one knows how long it sat there before then. It's unlikely that any of the discarded materials can be linked with a specific construction site, she said.

None of the district's students are or were in any danger, Fuller said, and she doesn't understand why some members of the community insist on treating the matter as a scandal.

"To continue to say we need to investigate this pile of rubbish is very tiresome," Fuller said.

Precious Petty may be reached at ppetty@express-times.com. Follow her on Twitter @precpetty. Find Lehigh County news on Facebook.

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