1. (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. (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:

   1. (a) Levels 1 and 2 (High): It is probable that the violation will cause harm.
   2. (b) Levels 3 and 4 (Medium): There is a significant chance the violation will cause harm.
   3. (c) Levels 5 and 6 (Low): There is a small chance the violation will result in harm.
3. (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. (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. (5) For the purposes of this Enforcement Response Policy, the extent levels are specified in Tables 1 and 2 and are as follows:

   1. (a) Major: violations involving more than 3,000 square feet or 1,000 linear feet of ACBM.
   2. (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.
   3. (c) Minor: violations involving less than or equal to 160 square feet or 260 linear feet.

6. (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.

   1. (Levels) A B C

      MAJOR SIGNIFICANT 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

   2. (Levels) A B C

      MAJOR SIGNIFICANT 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

   TABLE 1

   BASE PENALTY FOR LOCAL EDUCATION AGENCIES

   CIRCUMSTANCES EXTENT

KEY: air pollution, hazardous pollutant, asbestos, schools

Date of Last Change: November 8, 2012

Notice of Continuation: December 1, 2021

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(d); 19-2-115; 19-2-116; 19-2-117