§2647 Enforcement

Summary

Local school districts can be fined for certain asbestos-related failures. Penalties apply if a district does not do required inspections under the rules in sections 2643(b) or 2644(b); if it knowingly gives false inspection information to the Governor under sections 2643(i) or 2644(d)(3); if it fails to create a required management plan under sections 2643(i) or 2644(d); if it does anything forbidden by section 2655; or if it knowingly gives false information to the Governor about a deferral request under section 2645(d). At the same time, a district is not subject to civil penalties under subchapter I just for refusing to follow a rule or order issued under this subchapter. When deciding how much to fine a district, the Administrator must consider how serious the violation is, how blameworthy the district is (including past violations), the district’s ability to pay, and whether the penalty would stop the district from providing education. Anyone may file a complaint about asbestos in a school with the Administrator or the State Governor; if the complaint seems to show a possible violation, the complaint must be investigated and the investigator must respond in a reasonable time. Anyone may petition the Administrator to make, change, or cancel a rule; the petition must state the facts and the Administrator has 90 days to grant or deny it and must publish reasons if denied. Any person may sue the Administrator in the U.S. District Court for the District of Columbia to force the rulemaking deadlines in section 2643. If the court finds a missed deadline, it will set a schedule and may extend some section 2644 deadlines by up to 6 months, but not after 720 days from October 22, 1986. Section 2619 applies to these suits except where it conflicts. The law also lists contractors who inspect or handle friable asbestos in schools and other buildings.