§ 2647 — Enforcement

(a) Any local educational agency— (1) which fails to conduct an inspection pursuant to regulations under section 2643(b) of this title or under section 2644(b) of this title, (2) which knowingly submits false information to the Governor regarding any inspection pursuant to regulations under section 2643(i) of this title or knowingly includes false information in any inspection statement under section 2644(d)(3) of this title, (3) which fails to develop a management plan pursuant to regulations under section 2643(i) of this title or under section 2644(d) of this title, (4) which carries out any activity prohibited by section 2655 of this title, or (5) (b) 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. (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 shall be consistent with regulations promulgated under section 2643 of this title (or with the requirements of section 2644 of this title if there are no regulations). (d) 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. (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. (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 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, the court shall set forth a schedule for promulgating the regulations required by section 2643 of this title 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 shall apply to civil actions described in this subsection, except to the extent inconsistent with this subsection. (g) 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;