§ 2647. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2647]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2647. Enforcement
(a) Penalties
Any local educational agency--
(1) which fails to conduct an inspection pursuant to regulations
under section 2643(b) of this title or under section 2644(b) of this
title,
(2) which knowingly submits false information to the Governor
regarding any inspection pursuant to regulations under section
2643(i) of this title or knowingly includes false information in any
inspection statement under section 2644(d)(3) of this title,
(3) which fails to develop a management plan pursuant to
regulations under section 2643(i) of this title or under section
2644(d) of this title,
(4) which carries out any activity prohibited by section 2655 of
this title, or
(5) which knowingly submits false information to the Governor
regarding a deferral request under section 2645(d) of this title.\1\
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\1\ So in original. The period probably should be a comma.
is liable for a civil penalty of not more than $5,000 for each day
during which the violation continues. Any civil penalty under this
subsection shall be assessed and collected in the same manner, and
subject to the same provisions, as in the case of civil penalties
assessed and collected under section 2615 of this title. For purposes of
this subsection, a ``violation'' means a failure to comply with respect
to a single school building. The court shall order that any civil
penalty collected under this subsection be used by the local educational
agency for purposes of complying with this subchapter. Any portion of a
civil penalty remaining unspent after compliance by a local educational
agency is completed shall be deposited into the Asbestos Trust Fund
established by section 4022 of title 20.
(b) Relationship to subchapter I of this chapter
A local educational agency is not liable for any civil penalty under
subchapter I of this chapter for failing or refusing to comply with any
rule promulgated or order issued under this subchapter.
(c) Enforcement considerations
(1) In determining the amount of a civil penalty to be assessed
under subsection (a) of this section against a local educational agency,
the Administrator shall consider--
(A) the significance of the violation;
(B) the culpability of the violator, including any history of
previous violations under this chapter;
(C) the ability of the violator to pay the penalty; and
(D) the ability of the violator to continue to provide
educational services to the community.
(2) Any action ordered by a court in fashioning relief under section
2619 of this title shall be consistent with regulations promulgated
under section 2643 of this title (or with the requirements of section
2644 of this title if there are no regulations).
(d) Citizen complaints
Any person may file a complaint with the Administrator or with the
Governor of the State in which the school building is located with
respect to asbestos-containing material in a school building. If the
Administrator or Governor receives a complaint under this subsection
containing allegations which provide a reasonable basis to believe that
a violation of this chapter has occurred, the Administrator or Governor
shall investigate and respond (including taking enforcement action where
appropriate) to the complaint within a reasonable period of time.
(e) Citizen petitions
(1) Any person may petition the Administrator to initiate a
proceeding for the issuance, amendment, or repeal of a regulation or
order under this subchapter.
(2) Such petition shall be filed in the principal office of the
Administrator and shall set forth the facts which it is claimed
establish that it is necessary to issue, amend, or repeal a regulation
or order under this subchapter.
(3) The Administrator may hold a public hearing or may conduct such
investigation or proceeding as the Administrator deems appropriate in
order to determine whether or not such petition should be granted.
(4) Within 90 days after filing of a petition described in paragraph
(1), the Administrator shall either grant or deny the petition. If the
Administrator grants such petition, the Administrator shall promptly
commence an appropriate proceeding in accordance with this subchapter.
If the Administrator denies such petition, the Administrator shall
publish in the Federal Register the Administrator's reasons for such
denial. The granting or denial of a petition under this subsection shall
not affect any deadline or other requirement of this subchapter.
(f) Citizen civil actions with respect to EPA regulations
(1) Any person may commence a civil action without prior notice
against the Administrator to compel the Administrator to meet the
deadlines in section 2643 of this title for issuing advanced notices of
proposed rulemaking, proposing regulations, and promulgating
regulations. Any such action shall be brought in the district court of
the United States for the District of Columbia.
(2) In any action brought under paragraph (1) in which the court
finds the Administrator to be in violation of any deadline in section
2643 of this title, the court shall set forth a schedule for
promulgating the regulations required by section 2643 of this title and
shall order the Administrator to comply with such schedule. The court
may extend any deadline (which has not already occurred) in section
2644(b), (c), or (d) of this title for a period of not more than 6
months, if the court-ordered schedule will result in final promulgation
of the pertinent regulations within the extended period. Such deadline
extensions may not be granted by the court beginning 720 days after
October 22, 1986.
(3) Section 2619 of this title shall apply to civil actions
described in this subsection, except to the extent inconsistent with
this subsection.
(g) Failure to attain accreditation; penalty
Any contractor who--
(1) inspects for asbestos-containing material in a school,
public or commercial building;
(2) designs or conducts response actions with respect to friable
asbestos-containing material in a school, public or commercial
building; or
(3) employs individuals to conduct response actions with respect
to friable asbestos-containing material in a school, public or
commercial building;
and who fails to obtain the accreditation under section 2646 of this
title, or in the case of employees to require or provide for the
accreditation required, is liable for a civil penalty of not more than
$5,000 for each day during which the violation continues, unless such
contractor is a direct employee of the Federal Government.
(Pub. L. 94-469, title II, Sec. 207, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2983; amended Pub. L. 100-368, Sec. 5, July 18,
1988, 102 Stat. 833; Pub. L. 101-637, Sec. 15(a)(4), Nov. 28, 1990, 104
Stat. 4596.)
Amendments
1990--Subsec. (g). Pub. L. 101-637 added subsec. (g).
1988--Subsec. (a)(4), (5). Pub. L. 100-368 added pars. (4) and (5).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-637 effective upon expiration of 12-month
period following Nov. 28, 1990, with provisions for extension, see
section 15(c) of Pub. L. 101-637, set out as a note under section 2646
of this title.
EPA Administrator Not Exercising ``Statutory Authority'' Under OSHA Law
in Exercising Authority Under This Chapter
In exercising any authority under this chapter in connection with
amendment made by Pub. L. 101-637, Administrator of Environmental
Protection Agency not, for purposes of section 653(b)(1) of Title 29,
Labor, to be considered to be exercising statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety and health, see section 15(b) of Pub. L. 101-637, set out as a
note under section 2646 of this title.
Section Referred to in Other Sections
This section is referred to in title 20 section 4022.
