
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2648]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
            SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
 
Sec. 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's 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, Sec. 208, as added Pub. L. 99-519, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2985.)
