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Reporting penalty and injunctive relief from AHERA enforcement action against local educational agencies (LEAs)

AHERA ICIS Changes and Data Entry Guidance as discussed on

April 8, 2004, ICIS Users Call

 

This guidance is being provided to you by OECA’s Toxics and Pesticides Enforcement Division (TPED) to facilitate reporting and certification regarding data entry for AHERA enforcement actions against local educational agencies (LEAs).

 

Pursuant to TSCA §207, civil penalties assessed and collected against a LEA must be used by the LEA for purposes of complying with AHERA.  The statute further states that any portion of the civil penalty remaining unspent after compliance by the LEA is completed, shall be deposited into the Asbestos Trust Fund.  In order to implement these statutory directives, TPED provides the following interim guidance.

 

Changes:

•           Enforcement Action Type - TSCA 207 AO For Asbestos/Schools (LEA) - will be coded in ICIS as an “Order with Penalty and/or Compliance” instead of an “Order with Compliance Only.”

 

ICIS Data Entry Guidance:

 

When the complaint is filed (or EPA otherwise develops a proposed civil penalty):

 

•           Enter the Proposed Penalty Amount in “Cash Civil Penalty Amount Sought” field on the “Enforcement Action Detail” Screen.

 

When the final order is issued:

 

•           On the “Penalty/Cost Recovery” screen within the “Enforcement Action Conclusion” screen, enter $0.00 as the “Cash Civil Penalty Amount Required” and “Federal Penalty Required.”

•           On the “Injunctive Relief/Compliance Activity” screen within the “Enforcement Action Conclusion” screen, select the appropriate compliance activities. Enter what the party agrees to spend to implement compliance.  In other words, enter into ICIS what would have been the civil penalty amount from the final order as the estimated injunctive relief.

•           As discussed in the AHERA ERP, after implementing compliance, the LEA must present the Region with an accounting of the cost of compliance.  If the cost of compliance is less than the amount of the proposed civil penalty, the LEA must send the remaining money to the Asbestos Trust Fund.  The remainder dollar amount, if any, should be entered in the “Federal Collected” field on the “Penalty/Cost Recovery” screen within the “Final Order” screen.  The estimated injunctive relief can be updated at this time based upon the LEA’s accounting.  

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