§2647 Enforcement

Summary

Local school districts can be fined if they fail to do required asbestos inspections, knowingly give false information about inspections or deferral requests, fail to make required asbestos management plans, or do activities the law bans. A district cannot be fined under subchapter I just for refusing to follow a rule or order under this part. When a fine is set, the Administrator must look at how serious the problem was, how blameworthy the district is (including past violations), the district’s ability to pay, and whether the fine would stop the district from providing education. Any court-ordered relief must follow the rules made under the law. Anyone can complain to the Administrator or the State Governor about asbestos in a school. If the complaint gives a reasonable reason to think the law was broken, the Administrator or Governor must investigate and respond within a reasonable time and may enforce the rules. Anyone may also petition the Administrator to create, change, or remove a rule by filing facts at the Administrator’s main office. The Administrator may hold hearings and must grant or deny the petition within 90 days; if denied the Administrator must publish the reasons in the Federal Register. Anyone may sue in the U.S. District Court for the District of Columbia to force the Administrator to meet rulemaking deadlines in section 2643. If the court finds missed deadlines, it will set a schedule and may extend certain deadlines in section 2644 by up to 6 months, but not after 720 days following October 22, 1986. Section 2619 applies to these suits except where it conflicts. The law also covers contractors who inspect for asbestos, do response work for friable asbestos, or hire people to do that work in schools, public, or commercial buildings.