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