Utah Administrative Code
Topic - Environmental Quality
Title R307 - Air Quality
Rule R307-135 - Enforcement Response Policy for Asbestos Hazard Emergency Response Act
Section R307-135-5 - AHERA Enforcement Response Policy Penalties
Current through Bulletin 2024-06, March 15, 2024
(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) 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:
(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) 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) For the purposes of this Enforcement Response Policy, the extent levels are specified in Tables 1 and 2 and are as follows:
(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.
TABLE 1 BASE PENALTY FOR LOCAL EDUCATION AGENCIES |
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CIRCUMSTANCES |
EXTENT |
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(Levels) |
A MAJOR |
B SIGNIFICANT |
C 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 |
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CIRCUMSTANCES |
EXTENT |
||
(Levels) |
A MAJOR |
B SIGNIFICANT |
C 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 |