Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-3 - Notification Requirements

Current through 2024-29, July 17, 2024
A.
Applicability.
The notification requirements established by this section
				apply to all asbestos abatement projects except asbestos associated activities.
				Demolition activities, excluding single family residential dwellings, are also
				subject to the notification provisions of this section [see sections 3(B)(3)(m)
				and (n), and 3(C)(3) of this rule].
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Note: Notification requirements are designed to provide the
				  Department with adequate information to effectively schedule compliance
				  inspections.
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B.
General
				Requirements
(1) Unless exempted, any
				person, owner, or operator engaging in the removal repair, demolition,
				enclosure, encapsulation, or handling of more than 3 linear or square feet of
				an asbestos-containing material must submit written notification of each
				asbestos project to the Department. The person, owner, or operator is
				responsible for ensuring that the complete notification including any
				applicable fee, is postmarked at least 10 calendar days, or received by the
				Department at least 5 working days, prior to commencement of the asbestos
				abatement project, including establishing the regulated area. Delivery of the
				notification by US Postal Service, commercial delivery service, hand delivery,
				or other method as approved by the Department is acceptable. Alternative
				notification procedures, including those listed below, as well as notification
				of demolitions when no asbestos remains in the building as evidenced by an
				inspection or complete abatement, may be used.
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Note: The start date on the notification should encompass the
				  set-up of the regulated area, including any pre-cleaning and the hanging of
				  polyethylene sheeting.
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(2) Notification must be on forms
				approved by the Department, must include all required information under this
				section, must be accompanied by the appropriate fee, and must be typewritten or
				easily legible. An incomplete notification is not acceptable and therefore not
				of record.
(3) The following
				information must be included in full in the notification:
(a) A clear indication of whether the
				notification is the original or a revised notification;
(b) The name, address, and telephone number
				of the following:
(i) The building owner or
				operator; and
(ii) The asbestos
				abatement contractor that will perform the asbestos abatement
				project;
(c) An
				indication of the type of operation (for example, demolition, renovation,
				repair, etc.);
(d) A clear
				description of the building or affected part of the building including the size
				(square feet and number of floors), age, and present and prior use of the
				building;
(e) The procedure,
				including analytical methods, that will be utilized to detect the presence of
				asbestos material;
(f) The specific
				amount of ACM to be abated from the building in terms of length of pipe in
				linear feet or surface area in square feet;
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Note: All other asbestos-containing materials except for
				  linear lengths of piping must be quantified in square footage.
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(g) The building address,
				including building name, number, and floor or room number of the work area in
				which the asbestos abatement project will take place, as applicable;
(h) Scheduled starting and ending dates of
				the asbestos abatement project (encompassing setup, removal, clearance, and
				tear down dates);
(i) Scheduled
				work hours, including planned shift work;
(j) A clear description of demolition,
				renovation, repair, or other work to be performed and method(s) to be utilized,
				including specific techniques to be utilized and a clear description of
				affected components;
(k) A clear
				description of work practices and engineering controls to be used to comply
				with the requirements of this rule;
(l) The name and location of the waste
				disposal site at which the asbestos waste will be disposed of;
(m) For a building which is structurally
				unsound, in danger of collapse, and scheduled to be demolished, the name,
				title, and authority of the State or local government representative who has
				ordered the demolition, and the professional engineer who determined that the
				structure is structurally unsound, the date on which the order was issued, and
				the date on which the demolition was ordered to begin, along with a copy of
				that order;
(n) For any other
				building scheduled for demolition, the dates the demolition is scheduled to
				occur;
(o) For an emergency
				asbestos abatement project, the date and hour on which the emergency occurred
				and a description of the emergency;
(p) The name, address, and telephone number
				of the transporter scheduled to remove asbestos waste from the site;
(q) A request for approval of any
				non-standard work practice(s), including the justification for the
				request;
(r) Name of the asbestos
				abatement design consultant who prepared the original project design for the
				project;
(s) A contractor or
				consultant job number consisting of a 2-3 letter company identifier assigned by
				the Department plus any combination of up to 7 letters and digits;
				and
(t) Dates of actual
				removal/repair activities.
Items (b)(ii), (l), and/or (p) in this paragraph may be noted
				  as unknown on the original notification but must be provided to the Department
				  on a revised notification submitted in accordance with section 3(D)(2) of this
				  rule. Item (t) may be updated at a minimum 24 hours prior to the new start date
				  for actual removals by telephone contact with Department staff, by fax, or by
				  other methods approved by the Department.
(4) Notification of an asbestos abatement
				project must be accompanied by a non-refundable fee paid in full by a
				cashier's, certified or company check made payable to the Maine Environmental
				Protection Fund, or other Department-approved method, in the appropriate amount
				as follows:
(a) For projects involving more
				than 100 square feet or 100 linear feet of ACM or any combination thereof , but
				less than 500 square or 2,500 linear feet of ACM: $100.
(b) For projects involving more than 500
				square feet or 2,500 linear feet of ACM, but less than 1,000 square or 5,000
				linear feet of ACM: $150.
(c) For
				projects involving more than 1,000 square feet or 5,000 linear feet of ACM, or
				any combination thereof of ACM: $300.
(d) For asbestos abatement activities at
				facilities for which an annual facility notification has been submitted, fees
				as per (a) & (b) under this paragraph per project. Fees shall be submitted
				on a quarterly basis.
(e) Fees for
				condominium units, and individual dwelling units operated as a residential
				cooperative or military or company housing shall have an annual cap of $5,000.
				Fees may be submitted on a quarterly basis.
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Note: If there are not sufficient funds to cover the check or
				  credit card transaction an insufficient funds fee will be assessed by
				  theDepartment in accordance with State of Maine laws and policies. Until that
				  insufficiency is resolved (by money order or bank check), theDepartment will
				  not accept any additional checks or credit card transactions from the party
				  including additional checks for other project notifications.
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(f) Notification fees are not
				required for asbestos abatement projects occurring in a single-unit residential
				building.