Higher Tier Penalties

AHERA violations in general are violations of TSCA 15, which provides in part that it is unlawful to fail or refuse to comply with. .. any requirement of subchapter II of this chapter or any rule promulgated or order issued under subchapter II of this chapter. All violations of TSCA 15 are subject to the current per day maximum penalty of 37,500. Exceptions are that a LEA is not liable for these higher tier penalties under any circumstances, j-gj.. tain violations by contractors are penalized at the lower tier. 

All higher tier penalties are in the same category for the nature of the violation, and so the nature can be disregarded when calculating the gravity based penalties. The AHERA ERR classifies each violation into suigeneris circumstance levels and extent categories. Both upward and downward adjustments maybe made, consistent with the adjustments available to LEAs. 

Any violator can also qualify for complete penalty mitigation under the Audit Rolicy if it meets its requirements.  

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The Act provides a two-tier penalty system for AHERA violations. The lower tier carries maximum daily penalties of 7,500 for violations as of January 13, 2009, which is one-fifth of the penalties for other TSCA violations.That tier is reserved for enumerated violations by LEAs, and contractors who fail to obtain accreditation. The higher tier carries maximum daily penalties as of January 13,2009 of 37,500, and appHes the penalty provisions in TSCA 16 to all other asbestos-related TSCA violations. The statute also provides for citizens suits, citizens petitions, and injunctive rehef. 

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