Civil penalties Reinspections

Memorandum from Jesse Baskerville, Director, Toxics and Pesticides Enforcement Division, Office of Regulatory Enforcement. EPA. Revision of the AHERA Enforcement Response Policy Civil Penalties for Failure to Conduct Reinspections (Aug. 4,1998) EPA, Toxics and Pesticides Enforcement Division. Office of Regulatory Enforcement, Enforcement Response... 

After the compliance officer reports the findings, the area director determines which citations warrant formal issuance and which penalties requirement assessment. An other than serious violation addresses issues that would not normally cause death or serious physical harm. OSHA can issue a serious violation if substantial probability exists that death or serious physical harm could result and the employer knew or should have known of the situation or hazard. OSHA cites imminent dangerous citations as serious violations. A willful violation refers to a situation that the employer intentionally and knowingly committed. The employer either knew that the operation constituted a violation, or was aware that a hazardous condition existed but made no reasonable effort to eliminate it. A repeat violation can address any standard, regulation, rule, or order where, upon reinspection, another violation of the previously cited section is found. Failure to correct any violations may bring civil penalties for every day the violation continues beyond the prescribed abatement date. Falsifying records, reports, or applications can bring a fine and/or six months in... 

Under the AHERA ERP no penalties are assessed against LEAs for first time violations if they are relatively low level violations. Instead, Notices of Noncompliance, which do not carry penalties, are issued for these first time violations. Civil complaints can be issued if the LEA does not comply with a Notice of Noncompliance. For example, in In the Matter of Rose 6- Alex Pilibos, the EPA Region issued a default order penalizing the ovmers of a private school building because they had allegedly not submitted a management plan in accordance with the Notice of Noncomphance issued to them, and they did not respond to the EPA s complaint. Civil complaints may also be issued for subsequent violations and more serious first violations. The 1998 AHERA ERP amendments authorize penalties for first time violations if the LEA fails to inspect or reinspect using accredited contractors. 

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See also in sourсe #XX -- [ , , , ]

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