1. (1) In accordance with Sections 19-2-116 and 117, the director may seek injunctive relief:

   1. (a) in cases of imminent and substantial endangerment to human health and environment;
   2. (b) where a Local Education Agency's non-compliance will significantly undermine the intent of the AHERA regulations; and

   3. (c) for violations including, but not limited to:

      1. (i) failure or refusal to make a management plan available to the public without cost or restriction;
      2. (ii) failure or refusal to conduct legally sufficient air monitoring following a response action; or
      3. (iii) the initiation of a response action without accredited personnel; or
   4. (d) to restrain any violation of Title 19, Chapter 2 or R307 or any final order issued by the director when it appears to be necessary for the protection of health or welfare.

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