§ 2648. — Emergency authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2648]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2648. Emergency authority
(a) Emergency action
(1) Authority
Whenever--
(A) the presence of airborne asbestos or the condition of
friable asbestos-containing material in a school building
governed by a local educational agency poses an imminent and
substantial endangerment to human health or the environment, and
(B) the local educational agency is not taking sufficient
action (as determined by the Administrator or the Governor) to
respond to the airborne asbestos or friable asbestos-containing
material,
the Administrator or the Governor of a State is authorized to act to
protect human health or the environment.
(2) Limitations on Governor's action
The Governor of a State shall notify the Administrator within a
reasonable period of time before the Governor plans to take an
emergency action under this subsection. After such notification, if
the Administrator takes an emergency action with respect to the same
hazard, the Governor may not carry out (or continue to carry out, if
the action has been started) the emergency action.
(3) Notification
The following notification shall be provided before an emergency
action is taken under this subsection:
(A) In the case of a Governor taking the action, the
Governor shall notify the local educational agency concerned.
(B) In the case of the Administrator taking the action, the
Administrator shall notify both the local educational agency
concerned and the Governor of the State in which such agency is
located.
(4) Cost recovery
The Administrator or the Governor of a State may seek
reimbursement for all costs of an emergency action taken under this
subsection in the United States District Court for the District of
Columbia or for the district in which the emergency action occurred.
In any action seeking reimbursement from a local educational agency,
the action shall be brought in the United States District Court for
the district in which the local educational agency is located.
(b) Injunctive relief
Upon receipt of evidence that the presence of airborne asbestos or
the condition of friable asbestos-containing material in a school
building governed by a local educational agency poses an imminent and
substantial endangerment to human health or the environment--
(1) the Administrator may request the Attorney General to bring
suit, or
(2) the Governor of a State may bring suit,
to secure such relief as may be necessary to respond to the hazard. The
district court of the United States in the district in which the
response will be carried out shall have jurisdiction to grant such
relief, including injunctive relief.
(Pub. L. 94-469, title II, Sec. 208, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2985.)
