---
kind: "section"
citation: "15 U.S.C. § 2647"
title: "15"
title_heading: "Commerce and Trade"
number: "2647"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2647"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter II — Asbestos Hazard Emergency Response"
---

# §2647. Enforcement

- (a) **Penalties—** Any [local educational agency](/usc/15/2642.md?p=7)—
  - (1) which fails to conduct an inspection pursuant to regulations under [section 2643(b) of this title](/usc/15/2643.md?p=b) or under [section 2644(b) of this title](/usc/15/2644.md?p=b),
  - (2) which knowingly submits false information to the Governor regarding any inspection pursuant to regulations under [section 2643(i) of this title](/usc/15/2643.md?p=i) or knowingly includes false information in any inspection statement under [section 2644(d)(3) of this title](/usc/15/2644.md?p=d-3),
  - (3) which fails to develop a management plan pursuant to regulations under [section 2643(i) of this title](/usc/15/2643.md?p=i) or under [section 2644(d) of this title](/usc/15/2644.md?p=d),
  - (4) which carries out any activity prohibited by [section 2655 of this title](/usc/15/2655.md), or
  - (5) which knowingly submits false information to the Governor regarding a deferral request under [section 2645(d) of this title](/usc/15/2645.md?p=d).[^1]

  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](/usc/15/2615.md). For purposes of this subsection, a “violation” means a failure to comply with respect to a single [school building](/usc/15/2642.md?p=13). The court shall order that any civil penalty collected under this subsection be used by the [local educational agency](/usc/15/2642.md?p=7) for purposes of complying with this subchapter. Any portion of a civil penalty remaining unspent after compliance by a [local educational agency](/usc/15/2642.md?p=7) is completed shall be deposited into the [Asbestos](/usc/15/2642.md?p=3) Trust Fund established by [section 4022 of title 20](/usc/20/4022.md).

- (b) **Relationship to subchapter I of this chapter—** A [local educational agency](/usc/15/2642.md?p=7) 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)](#a) against a [local educational agency](/usc/15/2642.md?p=7), the [Administrator](/usc/15/2642.md?p=2) 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](/usc/15/2619.md) shall be consistent with regulations promulgated under [section 2643 of this title](/usc/15/2643.md) (or with the requirements of [section 2644 of this title](/usc/15/2644.md) if there are no regulations).
- (d) **Citizen complaints—** Any [person](/usc/15/7a.md?p=6) may file a complaint with the [Administrator](/usc/15/2642.md?p=2) or with the Governor of the [State](/usc/15/2642.md?p=14) in which the [school building](/usc/15/2642.md?p=13) is located with respect to [asbestos-containing material](/usc/15/2642.md?p=4) in a [school building](/usc/15/2642.md?p=13). If the [Administrator](/usc/15/2642.md?p=2) 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](/usc/15/2642.md?p=2) 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](/usc/15/7a.md?p=6) may petition the [Administrator](/usc/15/2642.md?p=2) 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](/usc/15/2642.md?p=2) 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](/usc/15/2642.md?p=2) may hold a public hearing or may conduct such investigation or proceeding as the [Administrator](/usc/15/2642.md?p=2) 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)](#e-1), the [Administrator](/usc/15/2642.md?p=2) shall either grant or deny the petition. If the [Administrator](/usc/15/2642.md?p=2) grants such petition, the [Administrator](/usc/15/2642.md?p=2) shall promptly commence an appropriate proceeding in accordance with this subchapter. If the [Administrator](/usc/15/2642.md?p=2) denies such petition, the [Administrator](/usc/15/2642.md?p=2) shall publish in the Federal Register the [Administrator](/usc/15/2642.md?p=2)’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](/usc/15/7a.md?p=6) may commence a civil action without prior notice against the [Administrator](/usc/15/2642.md?p=2) to compel the [Administrator](/usc/15/2642.md?p=2) to meet the deadlines in [section 2643 of this title](/usc/15/2643.md) 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](/usc/15/2602.md?p=17) for the District of Columbia.
  - (2) In any action brought under [paragraph (1)](#f-1) in which the court finds the [Administrator](/usc/15/2642.md?p=2) to be in violation of any deadline in [section 2643 of this title](/usc/15/2643.md), the court shall set forth a schedule for promulgating the regulations required by [section 2643 of this title](/usc/15/2643.md) and shall order the [Administrator](/usc/15/2642.md?p=2) to comply with such schedule. The court may extend any deadline (which has not already occurred) in [section 2644(b)](/usc/15/2644.md?p=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](/usc/15/2619.md) 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](/usc/15/2642.md?p=4) in a [school](/usc/15/2642.md?p=12), public or commercial building;
  - (2) designs or conducts [response actions](/usc/15/2642.md?p=11) with respect to [friable asbestos-containing material](/usc/15/2642.md?p=6) in a [school](/usc/15/2642.md?p=12), public or commercial building; or
  - (3) employs individuals to conduct [response actions](/usc/15/2642.md?p=11) with respect to [friable asbestos-containing material](/usc/15/2642.md?p=6) in a [school](/usc/15/2642.md?p=12), public or commercial building;

  and who fails to obtain the accreditation under [section 2646 of this title](/usc/15/2646.md), 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.


## Footnotes

[^1]: So in original. The period probably should be a comma.

## Source credit

(Pub. L. 94–469, title II, § 207, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2983; amended Pub. L. 100–368, § 5, July 18, 1988, 102 Stat. 833; Pub. L. 101–637, § 15(a)(4), Nov. 28, 1990, 104 Stat. 4596.)

## Notes

### Editorial Notes

### Amendments

1990—Subsec. (g). Pub. L. 101–637 added subsec. (g).

1988—Subsec. (a)(4), (5). Pub. L. 100–368 added pars. (4) and (5).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–637 effective upon expiration of 12-month period following Nov. 28, 1990, with provisions for extension, see section 15(c) of Pub. L. 101–637, set out as a note under section 2646 of this title.

### EPA Administrator Not Exercising “Statutory Authority” Under OSHA Law in Exercising Authority Under This Chapter

In exercising any authority under this chapter in connection with amendment made by Pub. L. 101–637, Administrator of Environmental Protection Agency not, for purposes of section 653(b)(1) of Title 29, Labor, to be considered to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health, see section 15(b) of Pub. L. 101–637, set out as a note under section 2646 of this title.