Release Date: February 27, 2008

Contact:

Senior Deputy District Attorney Chris Harman

(805) 662-1710

District Attorney Gregory D. Totten announced today that the Consumer and Environmental Protection Unit has filed and settled a civil case against the Oxnard School District, Martinez Architects, Inc., and G-2000 Construction, Inc., stemming from a 2004 release of asbestos during remodeling at the Rose Avenue Elementary School in Oxnard .

On August 13, 2004, G-2000 Construction, Inc. began demolishing classrooms in a building at the Rose Avenue Elementary School in preparation for asbestos abatement and retrofitting of the building. During this initial demolition, G-2000 personnel removed ceiling tiles containing friable asbestos. They removed the tiles because they were not specified as asbestos-containing material in any of the bid documents prepared by the Oxnard School District or the project coordinator, Martinez Architects, Inc..

Federal law required Oxnard School District to compile and review asbestos materials in their facilities and maintain records known as AHERA reports. AHERA reports are required to be compiled every three years by federal law.

The initial 1988 AHERA report identified ceiling tiles as asbestos-containing material, but subsequent AHERA reports, including the 2001 AHERA report, did not. Oxnard School District and their project manager, Martinez Architects, Inc., used the 2001 AHERA report as the basis of the bid.

Just before work was to begin, Martinez Architects, Inc. and the Oxnard School District commissioned a more detailed asbestos report, which was provided to them on August 6, 2004. That report properly identified the ceiling materials as containing asbestos. Neither Martinez Architects, Inc. nor Oxnard School District personnel shared the report with G-2000 until workers from G-2000 had torn out the asbestos-containing tiles. Once it was discovered the asbestos- containing ceiling tiles had been disturbed, a licensed asbestos contractor contained the release and cleaned up the area affected by the disturbance.

The complaint alleged that all defendants violated California 's asbestos control laws and that G-2000 and Martinez Architects Inc. had also violated California 's unfair competition laws. (Statutory authority makes public entities immune from suits under the unfair competition laws.)

In the stipulated final judgment, G-2000 and Oxnard School District were each ordered to pay $25,000 in civil penalties, investigation and response costs, and attorney's fees. Martinez Architects, Inc. was ordered to pay $30,000 in civil penalties, investigation and response costs, and attorney's fees. The permanent injunction prohibits the defendants from violating California environmental laws pertaining to the handling of asbestos containing materials.

The case was investigated by the Ventura County Air Pollution Control District and the Ventura County District Attorney's Office.