§ 2648. Emergency authority

427 words·~2 min read·/usc/title-15/section-2648

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(a)Emergency action

(1)Authority Whenever—

(A)the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment, and

(B)the local educational agency is not taking sufficient action (as determined by the Administrator or the Governor) to respond to the airborne asbestos or friable asbestos-containing material,

the Administrator or the Governor of a State is authorized to act to protect human health or the environment.

(2)Limitations on Governor action The Governor of a State shall notify the Administrator within a reasonable period of time before the Governor plans to take an emergency action under this subsection. After such notification, if the Administrator takes an emergency action with respect to the same hazard, the Governor may not carry out (or continue to carry out, if the action has been started) the emergency action.

(3)Notification The following notification shall be provided before an emergency action is taken under this subsection:

(A)In the case of a Governor taking the action, the Governor shall notify the local educational agency concerned.

(B)In the case of the Administrator taking the action, the Administrator shall notify both the local educational agency concerned and the Governor of the State in which such agency is located.

(4)Cost recovery The Administrator or the Governor of a State may seek reimbursement for all costs of an emergency action taken under this subsection in the United States District Court for the District of Columbia or for the district in which the emergency action occurred. In any action seeking reimbursement from a local educational agency, the action shall be brought in the United States District Court for the district in which the local educational agency is located.

(b)Injunctive relief Upon receipt of evidence that the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment—

(1)the Administrator may request the Attorney General to bring suit, or

(2)the Governor of a State may bring suit,

to secure such relief as may be necessary to respond to the hazard. The district court of the United States in the district in which the response will be carried out shall have jurisdiction to grant such relief, including injunctive relief.

(Pub. L. 94–469, title II, § 208, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2985.)

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Cited by 2 sections

statute-compilations

Sec. 208
EMERGENCY AUTHORITY

statutes-at-large

Public Law 99–519
To amend the Toxic Substances Control Act to require the Environmental Protection Agency to promulgate regulations requiring inspection for asbestos-containing material in the Nation’s schools, development of asbestos management plans for such schools, response actions with respect to friable asbest

3 references not yet in our index

Pub. L. 94–469, title II, § 208
Pub. L. 99–519, § 2
100 Stat. 2985

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cites case law

§ 2648

Emergency authority

Stat. Comp.×1

Stat.×1

Pub. L.Pub. L. 94–469, title II, § 208

Pub. L.Pub. L. 99–519, § 2

Stat.100 Stat. 2985

Cites 3Cited by 2 across 2 sources