15 USC 2648 - Emergency authority

U.S Code last checked for updates: May 18, 2024

§ 2648.

Emergency authority

(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

(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

(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.)

cite as: 15 USC 2648