(1) Gravity Based Penalty. A base penalty
based on the gravity of the violation will be determined by addressing the
circumstances and the extent of the violation. Table 1 specifies penalties for
Local Education agencies and Table 2 specifies penalties for Other
Persons.
(2) Circumstances. The
circumstances reflect the probability that harm will result from a particular
violation. The probability of harm increases as the potential for environmental
harm or asbestos exposure to school children and employees increases. Tables 1
and 2 provide the following levels for measuring circumstances:
(a) Levels 1 and 2 (High): It is probable
that the violation will cause harm.
(b) Levels 3 and 4 (Medium): There is a
significant chance the violation will cause harm.
(c) Levels 5 and 6 (Low): There is a small
chance the violation will result in harm.
(3) The circumstance levels that are to be
attached for each provision of AHERA may be found in Appendix A (Local
Education Agency violations) and Appendix B (Other Person violations) of EPA's
AHERA Enforcement Response Policy.
(4) Extent. The extent reflects the potential
harm caused by a violation. Harm is determined by the quantity of
asbestos-containing building materials involved in the violation through
inspection, removal, enclosure, encapsulation, or repair in violation of the
regulation.
(5) For the purposes of
this Enforcement Response Policy, the extent levels are specified in Tables 1
and 2 and are as follows:
(a) Major:
violations involving more than 3,000 square feet or 1,000 linear feet of
ACBM.
(b) Significant: violations
involving more than 160 square feet or 260 linear feet but less than or equal
to 3,000 square feet or 1,000 linear feet.
(c) Minor: violations involving less than or
equal to 160 square feet or 260 linear feet.
(6) In situations where the quantity of
asbestos involved in the AHERA violation cannot be readily determined, the base
penalty will generally be calculated using the major extent category.
|
TABLE 1
BASE PENALTY FOR LOCAL EDUCATION
AGENCIES
|
|
CIRCUMSTANCES
|
EXTENT
|
|
(Levels)
|
A
MAJOR
|
B
SIGNIFICANT
|
C
MINOR
|
|
High Range 1
|
$5,000
|
$3,400
|
$1,000
|
|
2
|
$4,000
|
$2,400
|
$ 600
|
|
Mid Range 3
|
$3,000
|
$2,000
|
$ 300*
|
|
4
|
$2,000
|
$1,200
|
$ 200*
|
|
Low Range 5
|
$1,000
|
$ 600
|
$ 100*
|
|
6
|
$ 400*
|
$ 260*
|
$ 40*
|
|
*Issue Notices of Noncompliance for the first
citation of violations that fall within these cells if that is the only
violation
|
|
TABLE 2
BASE PENALTY FOR OTHER PERSONS
|
|
CIRCUMSTANCES
|
EXTENT
|
|
(Levels)
|
A
MAJOR
|
B
SIGNIFICANT
|
C
MINOR
|
|
High Range 1
|
$10,000
|
$6,800
|
$2,000
|
|
2
|
$ 8,000
|
$4,800
|
$1,200
|
|
Mid Range 3
|
$ 6,000
|
$4,000
|
$ 600
|
|
4
|
$ 4,000
|
$2,800
|
$ 400
|
|
Low Range 5
|
$ 2,000
|
$1,200
|
$ 200
|
|
6
|
$ 800
|
$ 520
|
$ 80
|
