15 U.S.C. § 2647 — Enforcement

(a) Penalties.—A local educational agency^* is liable for a civil penalty of up to $5,000 for each day a violation continues if it:

(1) fails to conduct an inspection required by regulations under 15 U.S.C. § 2643(b) or § 2644(b);

(2) knowingly gives the Governor false information about an inspection required by regulations under 15 U.S.C. § 2643(i), or knowingly includes false information in an inspection statement under § 2644(d)(3);

(3) fails to develop a management plan required by regulations under § 2643(i) or § 2644(d);

(4) carries out an activity prohibited by 15 U.S.C. § 2655; or

(5) knowingly gives the Governor false information about a request to defer action under § 2645(d).

A civil penalty under this subsection must be assessed and collected in the same way, and under the same provisions, as civil penalties assessed and collected under 15 U.S.C. § 2615. For this subsection, a “violation” means a failure to comply concerning one school building^*. This section does not define “violation” beyond that rule. A court must order that any penalty collected be used by the local educational agency to comply with this subchapter. After the agency has completed compliance, any part of the penalty that remains unspent must be deposited in the Asbestos^* Trust Fund established by 20 U.S.C. § 4022.

(b) Relationship to subchapter I of this chapter.—A local educational agency is not liable for a civil penalty under subchapter I of this chapter because it fails or refuses to comply with a rule or order issued under this subchapter.

(c) Enforcement considerations.—

(1) When setting a civil penalty under subsection (a) against a local educational agency, the Administrator^* must consider:

(A) how significant the violation is;

(B) how responsible the violator is, including its history of earlier violations under this chapter;

(C) whether the violator can pay the penalty; and

(D) whether the violator can continue providing educational services to the community.

(2) Any action a court orders when providing relief under 15 U.S.C. § 2619 must be consistent with regulations issued under § 2643. If there are no such regulations, the action must be consistent with the requirements of § 2644.

(d) Citizen complaints.—Any person may file a complaint with the Administrator or with the Governor of the State^* where a school^* building is located about asbestos-containing material^* in that building. If the complaint alleges facts that give the Administrator or Governor a reasonable basis to believe that this chapter was violated, the Administrator or Governor must investigate and respond within a reasonable time, including taking enforcement action when appropriate.

(e) Citizen petitions.—

(1) Any person may ask the Administrator to begin a proceeding to issue, change, or repeal a regulation or order under this subchapter.

(2) The petition must be filed at the Administrator’s main office. It must state the facts that the petitioner claims show that issuing, changing, or repealing a regulation or order under this subchapter is necessary.

(3) The Administrator may hold a public hearing or conduct any investigation or proceeding the Administrator considers appropriate to decide whether to grant the petition.

(4) Within 90 days after the petition is filed, the Administrator must grant or deny it. If the Administrator grants it, the Administrator must promptly begin an appropriate proceeding under this subchapter. If the Administrator denies it, the Administrator must publish the reasons in the Federal Register. Granting or denying a petition does not change any deadline or other requirement of this subchapter.

(f) Citizen civil actions with respect to EPA regulations.—

(1) Any person may bring a civil action without giving advance notice against the Administrator to require the Administrator to meet the deadlines in 15 U.S.C. § 2643 for issuing advance notices of proposed rulemaking, proposing regulations, and issuing regulations. The action must be brought in the United States District Court for the District of Columbia.

(2) If, in an action under paragraph (1), the court finds that the Administrator missed a deadline in § 2643, the court must set a schedule for issuing the regulations required by § 2643 and order the Administrator to follow it. The court may extend a deadline in § 2644(b), (c), or (d) that has not yet occurred for no more than six months if the court’s schedule will result in final issuance of the relevant regulations within the extended period. The court may not grant these deadline extensions beginning 720 days after October 22, 1986.

(3) 15 U.S.C. § 2619 applies to the civil actions described in this subsection, except where it conflicts with this subsection.

(g) Failure to attain accreditation; penalty.—A contractor is liable for a civil penalty of up to $5,000 for each day a violation continues if the contractor:

(1) inspects for asbestos-containing material in a school, public, or commercial building;

(2) designs or carries out response actions involving friable asbestos-containing material^* in such a building; or

(3) employs people to carry out response actions involving friable asbestos-containing material in such a building;

and the contractor fails to obtain the accreditation required by 15 U.S.C. § 2646, or, for employees, fails to require or provide the required accreditation. This penalty does not apply if the contractor is a direct employee of the Federal Government.