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U.S. Code as of:
01/19/04
Section 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)
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.
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