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15 U.S.C. § 2647 — Enforcement

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15 U.S.C. § 2647 — Enforcement

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Source file: Laws/federal/codes/united-states-code/title-15/section-2647-enforcement--b5f5879b62.md
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Source location: Title 15, Chapter 53, § 2647; chapter-053-toxic-substances-control.md

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**(a) Penalties** Any local educational agency— (1) which fails to conduct an inspection pursuant to regulations under [section 2643(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643/b&num=0&edition=prelim) or under [section 2644(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2644/b&num=0&edition=prelim), (2) which knowingly submits false information to the Governor regarding any inspection pursuant to regulations under [section 2643(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643/i&num=0&edition=prelim) or knowingly includes false information in any inspection statement under [section 2644(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2644/d/3&num=0&edition=prelim), (3) which fails to develop a management plan pursuant to regulations under [section 2643(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643/i&num=0&edition=prelim) or under [section 2644(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2644/d&num=0&edition=prelim), (4) which carries out any activity prohibited by [section 2655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2655&num=0&edition=prelim), or (5) which knowingly submits false information to the Governor regarding a deferral request under [section 2645(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2645/d&num=0&edition=prelim).11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2615&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4022&num=0&edition=prelim). **(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2619&num=0&edition=prelim) shall be consistent with regulations promulgated under [section 2643 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) (or with the requirements of [section 2644 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2644&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim), the court shall set forth a schedule for promulgating the regulations required by [section 2643 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2619&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2646&num=0&edition=prelim), 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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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2646 — Contractor and laboratory accreditation

**(a) Contractor accreditation** A person may not— (1) inspect for asbestos-containing material in a school building under the authority of a local educational agency or in a public or commercial building, (2) prepare a management plan for such a school, or (3) design or conduct response actions, other than the type of action described in sections 2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material in such a school or in a public or commercial building, unless such person is accredited by a State under subsection (b) or is accredited pursuant to an Administrator-approved course under subsection (c). **(b) Accreditation by State** (1) **Model plan** (A) *Persons to be accredited* — Within 180 days after October 22, 1986, the Administrator, in consultation with affected organizations, shall develop a model contractor accreditation plan for States to give accreditation to persons in the following categories: (i) Persons who inspect for asbestos-containing material in school buildings under the authority of a local educational agency or in public or commercial buildings. (ii) Persons who prepare management plans for such schools. (iii) Persons who design or carry out response actions, other than the type of action described in sections 2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material in such schools or in public or commercial buildings. (B) *Plan requirements* — The plan shall include a requirement that any person in a category listed in paragraph (1) 11 So in original. Probably should be “subparagraph (A)”. achieve a passing grade on an examination and participate in continuing education to stay informed about current asbestos inspection and response action technology. The

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2655 — Worker protection

**(a) Prohibition on certain activities** Until the local educational agency with authority over a school has submitted a management plan (for the school) which the State Governor has not disapproved as of the end of the period for review and revision of the plan under [section 2645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2645&num=0&edition=prelim), the local educational agency may not do either of the following in the school: (1) Perform, or direct an employee to perform, renovations or removal of building materials, except emergency repairs, in the school, unless— (A) the school is carrying out work under a grant awarded under [section 4014 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim); or (B) an inspection that complies with the requirements of regulations promulgated under [section 2643 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) has been carried out in the school and the agency complies with the following sections of title 40 of the Code of Federal Regulations: (i) Paragraphs (g), (h), and (i) of section 763.90 (response actions). (ii) Appendix D to subpart E of part 763 (transport and disposal of asbestos waste). (2) Perform, or direct an employee to perform, operations and maintenance activities in the school, unless the agency complies with the following sections of title 40 of the Code of Federal Regulations: (A) Section 763.91 (operations and maintenance), including appendix B to subpart E of part 763. (B) Paragraph (a)(2) of section 763.92 (training and periodic surveillance). **(b) Employee training and equipment** Any school employee who is

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2655

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20 U.S.C. § 4022 — Definitions

For purposes of this subchapter: (1) The term “asbestos” means— (A) chrysotile, amosite, or crocidolite; or (B) in fibrous form, tremolite, anthophyllite, or actinolite. (2) The term “Attorney General” means the Attorney General of the United States. (3) The term “threat” or “hazard” means that an asbestos material is friable or easily damaged, or within reach of students or employees or otherwise susceptible to damage (including damage from water, vibration, or air circulation) which could result in the dispersal of asbestos fibers into the school environment. (4) The term “local educational agency” means— (A) any local educational agency as defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim); and (B) the governing authority of any nonprofit elementary or secondary school. (5) The term “nonprofit elementary or secondary school” means— (A) any elementary school or secondary school as defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim) owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and (B) any school of any agency of the United States. (6) The term “school buildings” means— (A) structures suitable for use as classrooms, laboratories, libraries, school eating facilities, or facilities used for the preparation of food; (B) any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education; (C) other facilities used for the instruction of

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15 U.S.C. § 2619 — Citizens’ civil actions

**(a) In general** Except as provided in subsection (b), any person may commence a civil action— (1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of this chapter or any rule promulgated under section 2603, 2604, or 2605 of this title, or subchapter II or IV, or order issued under section 2603 or 2604 of this title or subchapter II or IV to restrain such violation, or (2) against the Administrator to compel the Administrator to perform any act or duty under this chapter which is not discretionary. Any civil action under paragraph (1) shall be brought in the United States district court for the district in which the alleged violation occurred or in which the defendant resides or in which the defendant’s principal place of business is located. Any action brought under paragraph (2) shall be brought in the United States District Court for the District of Columbia, or the United States district court for the judicial district in which the plaintiff is domiciled. The district courts of the United States shall have jurisdiction over suits brought under this section, without regard to the amount in controversy or the citizenship of the parties. In any civil action under this subsection process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas for witnesses may be served in any judicial district. **(b) Limitation** No civil action may be commenced— (1) under subsection (a)(1) to restrain a violation of this chapter or rule or order under this chapter— (A) before the expiration of 60 days after the plaintiff has given notice of such violation

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15 U.S.C. § 2643 — EPA regulations

**(a) In general** Within 360 days after October 22, 1986, the Administrator shall promulgate regulations as described in subsections (b) through (i). With respect to regulations described in subsections (b), (c), (d), (e), (f), (g), and (i), the Administrator shall issue an advanced notice of proposed rulemaking within 60 days after October 22, 1986, and shall propose regulations within 180 days after October 22, 1986. Any regulation promulgated under this section must protect human health and the environment. **(b) Inspection** The Administrator shall promulgate regulations which prescribe procedures, including the use of personnel accredited under section 2646(b) or (c) of this title and laboratories accredited under [section 2646(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2646/d&num=0&edition=prelim), for determining whether asbestos-containing material is present in a school building under the authority of a local educational agency. The regulations shall provide for the exclusion of any school building, or portion of a school building, if (1) an inspection of such school building (or portion) was completed before the effective date of the regulations, and (2) the inspection meets the procedures and other requirements of the regulations under this subchapter or of the “Guidance for Controlling Asbestos-Containing Materials in Buildings” (unless the Administrator determines that an inspection in accordance with the guidance document is inadequate). The regulations shall require inspection of any school building (or portion of a school building) that is not excluded by the preceding sentence. **(c) Circumstances requiring response actions** (1) The Administrator shall promulgate regulations which define the approp

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15 U.S.C. § 2615 — Penalties

**(a) Civil** (1) Any person who violates a provision of section 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of section 2614 or 2689 of this title. (2) (A) A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order. (B) In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require. (C) The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. (3) Any person wh

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15 U.S.C. § 2644 — Requirements if EPA fails to promulgate regulations

**(a) In general** (1) **Failure to promulgate** — If the Administrator fails to promulgate within the prescribed period— (A) regulations described in [section 2643(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643/b&num=0&edition=prelim) (relating to inspection); (B) regulations described in section 2643(c), (d), (e), (f), (g), and (i) of this title (relating to responding to asbestos); or (C) regulations described in [section 2643(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643/h&num=0&edition=prelim) (relating to transportation and disposal); each local educational agency shall carry out the requirements described in this section in subsection (b); subsections (c), (d), and (e); or subsection (f); respectively, in accordance with the Environmental Protection Agency’s most current guidance document. (2) **Stay by court** — If the Administrator has promulgated regulations described in paragraph (1)(A), (B), or (C) within the prescribed period, but the effective date of such regulations has been stayed by a court for a period of more than 30 days, a local educational agency shall carry out the pertinent requirements described in this subsection in accordance with the Environmental Protection Agency’s most current guidance document. (3) **Effective period** — The requirements of this section shall be in effect until such time as the Administrator promulgates the pertinent regulations or until the stay is lifted (as the case may be). **(b) Inspection** (1) Except as provided in paragraph (2), the local educational agency, within 540 days after October 22, 1986, shall conduct an inspection for asbestos-containing material, using personnel accredited under sec

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15 U.S.C. § 2647 — Enforcement

Page 1918 TITLE 15—COMMERCE AND TRADE § 2647 1 So in original. The period probably should be a comma. (B) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accredi- tation program is completed under subsection (d). (f) List of EPA-approved courses Not later than August 31, 1988, and every three months thereafter until August 31, 1991, the Ad- ministrator shall publish in the Federal Reg- ister a list of all Environmental Protection Agency-approved asbestos training courses for persons to achieve accreditation in each cat- egory described in subsection (b)(1)(A) and for laboratories to achieve accreditation. The Ad- ministrator may continue publishing such a list after August 31, 1991, at such times as the Ad- ministrator considers it useful. The list shall in- clude the name and address of each approved trainer and, to the extent available, a list of all the geographic sites where training courses will take place. The Administrator shall provide a copy of the list to each State official on the list published by the Administrator under section 2645(d)(6) of this title and to each regional office of the Environmental Protection Agency. (Pub. L. 94–469, title II, § 206, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2980; amended Pub. L. 100–368, § 3, July 18, 1988, 102 Stat. 832; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 101–637, § 15(a)(1), (2), Nov. 28, 1990, 104 Stat. 4596.) Editorial Notes REFERENCES IN TEXT The Defense Dependents’ Education Act of 1978, re- ferred to in subsec. (b)(2), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Educati

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