Page:United States Statutes at Large Volume 100 Part 4.djvu/55

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2983

"(e) FINANCIAL ASSISTANCE CONTINGENT ON USE OF ACCREDITED

PERSONS.—(1) A school which is an applicant for financial assistance under section 505 of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98-377; 20 U.S.C. 4011 et seq.) is not eligible for 20 USC 4014. such assistance unless the school, in carrying out the requirements of this title— "(A) uses a person i^or persons)— im-; T • * 'n iHi n "(i) who is accredited by a State which has adopted an accreditation plan based on the model plan developed under diis^' subsection (b), or
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"(ii) who is accredited pursuant to an Administrator's • approved course under subsection (c), and "(B) uses a laboratory (or laboratories) which is accredited under the program developed under subsection (d). "(2) This subsection shall apply to any financial assistance provided under the Asbestos School Hazard Abatement Act of 1984 for activities performed after the following dates: "(A) In the case of activities performed by persons, after the , date which is one year after the date of the enactment of this •ic title. "(B) In the case of activities performed by laboratories, after --* the date which is 180 days after the date on which a laboratory accreditation program is completed under subsection (d), "SEC. 207. ENFORCEMENT.

15 USC 2647.

"(a) PENALTIES.—Any local educational agency— "(1) which fails to conduct an inspection pursuant to regulations under section 203(b) or under section 204(b), "(2) which knowingly submits false information to the Governor regarding any inspection pursuant to regulations under section 203(i) or knowingly includes false information in any duct inspection statement under section 204(d)(3), or "(3) which fails to develop a management plan pursuant to regulations under section 203(i) or under section 204(d), 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 16. For purposes of this subsec- 15 USC 2615. tion, a 'violation' means a failure to comply with respect to a single school building. The court shall order that any civil penalty collected under this subsection be used by the local educational agency for purposes of complying with this title. Any portion of a civil penalty remaining unspent after compliance by a local educational agency is completed shall be deposited into the Asbestos Trust Fund established by section 5 of the Asbestos Hazard Emergency Response Act of 1986. Post, p. 2990. "(b) RELATIONSHIP TO TITLE I.—A local educational agency is not liable for any civil penalty under title I of this Act for failing or Post, p. 2989. refusing to comply with any rule promulgated or order issued under this title. "(c) ENFORCEMENT CONSIDERATIONS.—

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"(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;

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