PRIOR PRINTER'S NOS. 1765, 1868 PRINTER'S NO. 3505
No. 1473 Session of 1997
INTRODUCED BY McNAUGHTON, E. Z. TAYLOR, SAYLOR, ITKIN, MASLAND,
THOMAS, EGOLF, YOUNGBLOOD, SERAFINI, PRESTON, BELFANTI,
STEVENSON, MILLER, HENNESSEY, TRELLO, ROSS, McILHATTAN,
SHANER, LUCYK, PISTELLA, ARMSTRONG, BENNINGHOFF, BUNT, STERN,
BOSCOLA, RAMOS, STEELMAN AND WASHINGTON, MAY 7, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 29, 1998
AN ACT
1 Amending the act of December 19, 1990 (P.L.805, No.194),
2 entitled "An act providing for the accreditation of persons
3 engaged in occupations relating to asbestos; providing for
4 certification standards and procedures; providing for
5 additional duties of the Department of Labor and Industry;
6 establishing the Asbestos Control Advisory Committee and
7 providing for its powers and duties; and providing for
8 enforcement and penalties," requiring certain contractors to
9 obtain a license.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of December 19, 1990 <--
13 (P.L.805, No.194), known as the Asbestos Occupations
14 Accreditation and Certification Act, is amended by adding a
15 definition to read:
16 SECTION 1. THE PREAMBLE OF THE ACT OF DECEMBER 19, 1990 <--
17 (P.L.805, NO.194), KNOWN AS THE ASBESTOS OCCUPATIONS
18 ACCREDITATION AND CERTIFICATION ACT, IS AMENDED TO READ:
19 THE GENERAL ASSEMBLY FINDS THAT IMPROPERLY PERFORMED ASBESTOS
1 REMOVAL AND OTHER ASBESTOS CONTROL MEASURES CREATE UNNECESSARY
2 AND UNDESIRABLE PUBLIC HEALTH HAZARDS. EXPOSURE TO AIRBORNE
3 ASBESTOS FIBERS HAS BEEN SHOWN TO CAUSE SIGNIFICANT INCREASES IN
4 THE INCIDENCE OF DISEASES SUCH AS ASBESTOSIS, LUNG CANCER,
5 MESOTHELIOMA AND OTHER MALIGNANCIES. SUBSTANTIAL AMOUNTS OF
6 ASBESTOS-CONTAINING MATERIALS HAVE BEEN USED IN BUILDINGS FOR
7 FIREPROOFING, INSULATION, SOUNDPROOFING, DECORATION AND OTHER
8 PURPOSES. THE PRESENCE OF AIRBORNE ASBESTOS IN CONCENTRATIONS
9 FAR EXCEEDING BACKGROUND AMBIENT LEVELS HAS BEEN FOUND IN
10 BUILDINGS WHERE FRIABLE ASBESTOS MATERIALS ARE FOUND, BUT
11 ESPECIALLY WHERE THESE MATERIALS HAVE BECOME DAMAGED OR ERODED,
12 OR WHERE THEY HAVE BEEN DISTURBED BY MAINTENANCE OR RENOVATION
13 WORK. EFFORTS TO PREVENT EXPOSURE TO ASBESTOS BY IMPROPER
14 REMOVAL OR OTHER IMPROPER REMEDIAL MEASURES CAN RESULT IN
15 INCREASED EXPOSURE FOR BUILDING OCCUPANTS AND THE GENERAL PUBLIC
16 IF THE WORK IS NOT DONE IN ACCORDANCE WITH PROCEDURES DESIGNED
17 TO PREVENT HUMAN AND ENVIRONMENTAL CONTAMINATION. IT IS,
18 THEREFORE, THE INTENT OF THIS ACT TO PROTECT THE PUBLIC BY
19 PREVENTING INCREASED EXPOSURE TO ASBESTOS IN BUILDINGS BY
20 ESTABLISHING A PROGRAM TO ACCREDIT ASBESTOS OCCUPATIONS TO
21 INSURE THAT PERSONS WHO DESIGN OR CONDUCT ABATEMENT ACTIVITIES
22 AT CERTAIN FACILITIES HAVE THE NECESSARY SKILL, TRAINING,
23 EXPERIENCE AND COMPETENCE TO PERFORM THESE ACTIVITIES. IT IS
24 FURTHER THE INTENT OF THIS ACT TO ESTABLISH THE NECESSARY
25 STANDARDS TO ACCREDIT TRAINING COURSES TO INSURE THAT PERSONS
26 WHO DESIGN AND PERFORM ASBESTOS ABATEMENT ACTIVITIES RECEIVE THE
27 MOST UP-TO-DATE TECHNOLOGY AND METHODS TO PERFORM THESE
28 ACTIVITIES. IT IS FURTHER THE INTENT OF THIS ACT THAT THE
29 DEPARTMENT OF LABOR AND INDUSTRY ESTABLISH FEES FOR THESE
30 ACCREDITATION ACTIVITIES SO THAT THEY WILL BECOME SELF-
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1 SUSTAINING. IT IS ALSO THE INTENT OF THIS ACT THAT THE
2 DEPARTMENT OF LABOR AND INDUSTRY SHALL ESTABLISH REGULATIONS TO
3 ENFORCE THIS ACT THAT ARE AS AT LEAST AS STRINGENT AND AS
4 CONSISTENT AS POSSIBLE WITH FEDERAL LAWS AND REGULATIONS.
5 SECTION 2. THE DEFINITIONS OF "ASBESTOS ABATEMENT" AND
6 "FRIABLE ASBESTOS MATERIAL" IN SECTION 2 OF THE ACT ARE AMENDED
7 AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 * * *
13 "ASBESTOS ABATEMENT." [ANY DEMOLITION, RENOVATION, REPAIR, <--
14 CONSTRUCTION OR MAINTENANCE ACTIVITY OF ANY PUBLIC OR PRIVATE
15 FACILITY THAT INVOLVES THE REPAIR, ENCLOSURE, ENCAPSULATION,
16 REMOVAL, SALVAGE, HANDLING OR DISPOSAL OF ANY MATERIAL WITH THE
17 POTENTIAL OF RELEASING ASBESTOS FIBERS FROM] A METHOD, INCLUDING
18 REMOVAL, ENCAPSULATION, ENCLOSURE, REPAIR AND OPERATION AND
19 MAINTENANCE, THAT PROTECTS HUMAN HEALTH AND THE ENVIRONMENT FROM
20 FRIABLE ASBESTOS-CONTAINING MATERIAL.
21 "Asbestos abatement contractor license." A license issued by
22 the department permitting a company, corporation, partnership or
23 sole proprietorship to provide asbestos abatement services.
24 * * *
25 "FRIABLE ASBESTOS-CONTAINING MATERIAL." ANY [ASBESTOS- <--
26 CONTAINING] MATERIAL [THAT] CONTAINING MORE THAN 1% ASBESTOS
27 WHICH HAS BEEN APPLIED ON CEILINGS, WALLS, STRUCTURAL MEMBERS,
28 PIPING, DUCTWORK OR ANY OTHER PART OF A BUILDING, WHICH, WHEN
29 DRY, [CAN] MAY BE CRUMBLED, PULVERIZED OR REDUCED TO POWDER BY
30 HAND PRESSURE[, INCLUDING AN]. THE TERM INCLUDES NONFRIABLE
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1 ASBESTOS-CONTAINING MATERIAL [THAT WILL OR CAN REASONABLY BE
2 EXPECTED TO BECOME FRIABLE AS A RESULT OF THE ASBESTOS ABATEMENT
3 ACTIVITY.] AFTER SUCH PREVIOUSLY NONFRIABLE MATERIAL BECOMES
4 DAMAGED TO THE EXTENT THAT, WHEN DRY, IT MAY BE CRUMBLED,
5 PULVERIZED OR REDUCED TO POWDER BY HAND PRESSURE.
6 * * *
7 SECTION 3. SECTIONS 4 AND 5 OF THE ACT ARE AMENDED TO READ: <--
8 SECTION 4. ACCREDITATION STANDARDS AND PROCEDURES.
9 (A) REGULATIONS OF DEPARTMENT.--THE DEPARTMENT SHALL BY
10 REGULATION ESTABLISH STANDARDS AND PROCEDURES FOR THE
11 ACCREDITATION OF ASBESTOS OCCUPATION TRAINING COURSES. THESE
12 REGULATIONS SHALL BE AT LEAST AS STRINGENT, AND AS CONSISTENT AS
13 POSSIBLE, AS THOSE ESTABLISHED BY THE ENVIRONMENTAL PROTECTION
14 AGENCY UNDER THE ASBESTOS HAZARD EMERGENCY RESPONSE ACT OF 1986
15 (PUBLIC LAW 99-519, 15 U.S.C. § 2641 ET SEQ.) [AND] OR THOSE
16 ESTABLISHED FOR CERTAIN OCCUPATIONS BY THE ENVIRONMENTAL
17 PROTECTION AGENCY UNDER THE NATIONAL EMISSION STANDARD FOR
18 HAZARDOUS AIR POLLUTANTS (40 CFR PART 41). THESE REGULATIONS
19 SHALL INCLUDE, BUT NOT BE LIMITED TO:
20 (1) THE CHARACTERISTICS AND USES OF ASBESTOS AND THE
21 POTENTIAL HEALTH EFFECTS OF EXPOSURE TO ASBESTOS.
22 (2) FEDERAL, STATE AND LOCAL STANDARDS RELATING TO
23 ASBESTOS ABATEMENT WORK PRACTICES.
24 (3) METHODS TO PROTECT PERSONAL AND PUBLIC HEALTH FROM
25 ASBESTOS HAZARDS.
26 (4) AIR MONITORING.
27 (5) SAFE AND PROPER ASBESTOS ABATEMENT TECHNIQUES.
28 (6) PROPER DISPOSAL OF WASTE CONTAINING ASBESTOS.
29 (B) TRAINING COURSES.--
30 (1) IN ACCORDANCE WITH THE CRITERIA AND QUALIFICATIONS
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1 ESTABLISHED BY THE DEPARTMENT UNDER SUBSECTION (A), THE
2 DEPARTMENT SHALL ANNUALLY ACCREDIT TRAINING COURSES THAT
3 SATISFY INITIAL AND RENEWAL TRAINING REQUIREMENTS FOR
4 CERTIFICATION FOR ASBESTOS OCCUPATIONS.
5 (2) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS
6 SECTION, ANY PERSON PROVIDING A TRAINING COURSE FOR WHICH
7 ACCREDITATION IS SOUGHT SHALL DEMONSTRATE TO THE DEPARTMENT'S
8 SATISFACTION HIS ABILITY AND PROFICIENCY TO CONDUCT THE
9 TRAINING.
10 (3) ANY PERSON PROVIDING ACCREDITED ASBESTOS OCCUPATION
11 TRAINING SHALL MAKE AVAILABLE TO THE DEPARTMENT, AT NO COST
12 TO THE DEPARTMENT AND AT SUCH TIMES AS THE DEPARTMENT MAY
13 DEEM NECESSARY, ALL COURSE MATERIALS AND RECORDS AND ACCESS
14 TO ACTUAL TRAINING SESSIONS.
15 (4) THE DEPARTMENT MAY ALLOW THE USE OF TRAINING COURSES
16 OFFERED IN OTHER STATES OR JURISDICTIONS TO SATISFY THE
17 PENNSYLVANIA TRAINING REQUIREMENTS, IF THE DEPARTMENT FINDS
18 THAT THE TRAINING RECEIVED IN THE OTHER STATES OR
19 JURISDICTION MEET THE REQUIREMENT FOR TRAINING COURSES UNDER
20 THIS ACT AND THE REGULATIONS PROMULGATED UNDER THIS ACT.
21 (5) ALL TRAINING COURSES APPROVED BY THE ENVIRONMENTAL
22 PROTECTION AGENCY ON THE EFFECTIVE DATE OF THIS ACT SHALL BE
23 DEEMED TO BE ACCREDITED UNDER THIS SECTION. HOWEVER, NOTHING
24 IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT FROM REQUIRING
25 ANY TRAINING PROVIDER TO COMPLY WITH ITS RENEWAL REQUIREMENTS
26 IN ORDER TO HAVE ITS ACCREDITATION RENEWED.
27 (6) UPON THE EFFECTIVE DATE OF THIS ACT, THE
28 REQUIREMENTS OF THE ENVIRONMENTAL PROTECTION AGENCY'S MODEL
29 ACCREDITATION PROGRAM CONTAINED IN 40 CFR PART 763, SUBPART
30 E, APPENDIX C, ESTABLISHING THE FEDERAL REQUIREMENTS FOR
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1 CERTIFICATION OF TRAINING COURSES ARE ADOPTED AS THE INITIAL
2 INTERIM STANDARDS UNDER THIS ACT. THESE INTERIM ACCREDITATION
3 REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT
4 PROMULGATES REGULATIONS UNDER SUBSECTION (A).
5 (7) ALL TRAINING COURSE PROVIDERS MUST NOTIFY THE
6 DEPARTMENT OF THEIR INTENTION TO COMMENCE A TRAINING COURSE
7 AT LEAST FIVE DAYS PRIOR TO THE START OF THE TRAINING COURSE.
8 THE NOTIFICATION MUST BE IN THE FORM OR MANNER PRESCRIBED BY
9 THE DEPARTMENT.
10 SECTION 5. CERTIFICATION STANDARDS AND PROCEDURES.
11 (A) REGULATION OF THE DEPARTMENT.--THE DEPARTMENT SHALL
12 ESTABLISH BY REGULATION STANDARDS AND PROCEDURES FOR THE
13 CERTIFICATION OF PERSONS INVOLVED IN ASBESTOS OCCUPATIONS. SUCH
14 STANDARDS AND PROCEDURES SHALL BE AT LEAST AS STRINGENT, AND AS
15 CONSISTENT AS POSSIBLE, AS THOSE ESTABLISHED BY THE
16 ENVIRONMENTAL PROTECTION AGENCY UNDER THE ASBESTOS HAZARD
17 EMERGENCY RESPONSE ACT OF 1986 (PUBLIC LAW 99-519, 15 U.S.C. §
18 2641 ET SEQ.) [AND] OR THOSE ESTABLISHED FOR CERTAIN OCCUPATIONS
19 BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER THE NATIONAL
20 EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS (40 CFR PART 41).
21 THESE REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
22 FOLLOWING REQUIREMENTS:
23 (1) SUCCESSFUL COMPLETION OF A TRAINING COURSE ON
24 PENNSYLVANIA'S LAWS AND REGULATIONS REGARDING ASBESTOS.
25 (2) PASSING A WRITTEN EXAMINATION ADMINISTERED OR
26 APPROVED BY THE DEPARTMENT WHICH TESTS THE PERSON'S KNOWLEDGE
27 OF FEDERAL AND PENNSYLVANIA LAWS AND REGULATIONS AS THEY
28 APPLY TO THAT PERSON'S ASBESTOS OCCUPATION.
29 (B) ASBESTOS OCCUPATIONS.--ANY PERSON MEETING THE
30 REQUIREMENTS ESTABLISHED UNDER SUBSECTION (A) MAY BE CERTIFIED
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1 BY THE DEPARTMENT TO PERFORM ASBESTOS OCCUPATIONS.
2 (C) CERTIFICATION IN ANOTHER JURISDICTION.--
3 (1) THE DEPARTMENT MAY CERTIFY FOR AN ASBESTOS
4 OCCUPATION ANY PERSON WHO HAS BEEN CERTIFIED BY ANOTHER STATE
5 OR TERRITORY OF THE UNITED STATES OR ANY OTHER JURISDICTION
6 WHICH HAS REQUIREMENTS AT LEAST AS STRINGENT AS THOSE
7 PROMULGATED UNDER SUBSECTION (A).
8 (2) THE DEPARTMENT SHALL, WITHIN 120 DAYS AFTER THE
9 EFFECTIVE DATE OF THIS ACT, PUBLISH IN THE PENNSYLVANIA
10 BULLETIN A LIST OF THOSE JURISDICTIONS WHICH MEET THE
11 REQUIREMENTS OF PARAGRAPH (1) AND WITH WHICH RECIPROCITY WILL
12 BE GRANTED. AS THE DEPARTMENT ADDS AND DELETES JURISDICTIONS,
13 IT SHALL PUBLISH REVISED LISTS.
14 (3) EXCEPT AS PROVIDED IN PARAGRAPH (4), ANY PERSON
15 RECEIVING RECIPROCAL CERTIFICATION UNDER THIS SUBSECTION
16 SHALL BE REQUIRED TO PAY THE APPROPRIATE FEE ESTABLISHED
17 UNDER SECTION 7 AND SHALL OBTAIN A PENNSYLVANIA CERTIFICATE.
18 (4) ANY PERSON ACCREDITED BY A CITY OF THE FIRST CLASS
19 OR A COUNTY OF THE SECOND CLASS SHALL BE DEEMED TO BE
20 CERTIFIED UNDER THIS SECTION. IN ADDITION, ANY PERSON
21 CERTIFIED BY A CITY OF THE FIRST CLASS OR A COUNTY OF THE
22 SECOND CLASS SHALL NOT BE REQUIRED TO OBTAIN A PENNSYLVANIA
23 CERTIFICATION, PROVIDED THAT SUCH PERSON HAS BEEN ISSUED A
24 CERTIFICATE WHICH CONTAINS A RECENT PHOTOGRAPH. IF THE
25 CERTIFICATE ISSUED BY A CITY OF THE FIRST CLASS OR A COUNTY
26 OF THE SECOND CLASS DOES NOT CONTAIN A PHOTOGRAPH, THE PERSON
27 SHALL REIMBURSE THE DEPARTMENT FOR THE COST OF THE ISSUANCE
28 OF A PENNSYLVANIA ACCREDITATION CERTIFICATE.
29 (D) INTERIM CERTIFICATION.--UNTIL THE DEPARTMENT PROMULGATES
30 REGULATIONS ESTABLISHING A CERTIFICATION PROGRAM UNDER
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1 SUBSECTION (A), ANY PERSON WHO HAS SUCCESSFULLY COMPLETED AN
2 EPA-APPROVED TRAINING COURSE SHALL BE DEEMED TO BE CERTIFIED IN
3 THIS COMMONWEALTH UPON PAYMENT OF THE APPROPRIATE FEE UNDER
4 SECTION 7 AND UPON SUBMISSION OF A COPY OF THE APPROPRIATE
5 DOCUMENTATION FROM THE EPA-APPROVED TRAINING COURSE. INTERIM
6 CERTIFICATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR A
7 ONE-YEAR PERIOD.
8 (E) INTERIM CERTIFICATION REQUIREMENT.--THE REQUIREMENTS OF
9 THE ENVIRONMENTAL PROTECTION AGENCY'S MODEL ACCREDITATION
10 PROGRAM CONTAINED IN 40 CFR PART 763, SUBPART E, APPENDIX C,
11 ESTABLISHING THE FEDERAL REQUIREMENTS FOR CERTIFICATION OF
12 ASBESTOS OCCUPATIONS ARE ADOPTED AS THE INITIAL INTERIM
13 STANDARDS UNDER THIS ACT. THESE INTERIM CERTIFICATION
14 REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT
15 PROMULGATES REGULATIONS UNDER CRIMINAL PENALTIES SET FORTH IN
16 SECTION 9(D) AND (E) SHALL APPLY TO VIOLATIONS OF THIS SECTION.
17 Section 2 4. The act is amended by adding a section to read: <--
18 Section 5.1. Asbestos abatement contractor licenses.
19 (a) Requirement.--A license is required by all contractors
20 whose primary business is asbestos abatement or who in the
21 course of doing business can reasonably expect to perform
22 asbestos abatement projects.
23 (b) Standards and procedures for licensing.--The department
24 shall establish by regulation standards and procedures for the
25 licensing of companies, corporations, partnerships and sole
26 proprietors who engage in the business of asbestos abatement.
27 These regulations shall include, but not be limited to, the
28 following requirements:
29 (1) Experience in the field of asbestos abatement.
30 (2) Knowledge and ability to correctly and safely
19970H1473B3505 - 8 -
1 organize, manage and perform an asbestos abatement project.
2 (3) Capability to perform asbestos abatement work,
3 including, but not limited to, necessary equipment, trained
4 personnel, organizational structure, landfill availability,
5 financial stability, experience and/or training of key
6 personnel. In determining capability, the department shall
7 consider the applicant's history of fines, citations or other
8 actions taken by regulatory agencies for certification, work
9 practice and licensing violations.
10 (4) Completion of application and payment of fee.
11 (5) Employment of an asbestos project coordinator <--
12 certified by the department.
13 (5) EMPLOYMENT OF A PERSON CERTIFIED AS AN ASBESTOS <--
14 CONTRACTOR.
15 (c) Interim standards and procedures.--Pending promulgation
16 of regulations under subsection (b), the department may
17 establish interim standards and procedures by publishing the
18 standards and procedures in the Pennsylvania Bulletin.
19 (d) Fee.--The department by regulation shall set the license
20 fee. Upon the effective date of this section, the interim fee
21 shall be $50. This interim fee shall remain in effect until the
22 department promulgates a fee by regulation.
23 (e) Duration, renewal and transfer of license.--
24 (1) Unless the department revokes or suspends a license,
25 the license shall remain in effect for one year from the date
26 of issuance.
27 (2) An asbestos abatement contractor may apply for
28 renewal of a license in the form and manner prescribed by the
29 department.
30 (3) Asbestos abatement contractor licenses are <--
19970H1473B3505 - 9 -
1 transferable within the license period at the discretion of
2 the department. The new licensee must at a minimum meet all
3 the license requirements set by the department.
4 (f) Suspension, revocation, etc.--The department may
5 suspend, revoke or deny any license application for the reasons
6 and in the manner set forth for accreditations and
7 certifications under section 6.
8 (g) Enforcement and penalties.--The department shall have
9 the power to enforce this section in the manner set forth for
10 accreditations and certifications under section 9. The civil and
11 criminal penalties set forth in section 9(d) and (e) shall apply
12 to violations of this section.
13 SECTION 5. SECTIONS 6, 8 AND 9(A) OF THE ACT ARE AMENDED TO <--
14 READ:
15 SECTION 6. SUSPENSION, REVOCATION, ETC.
16 (A) GROUNDS.--THE DEPARTMENT MAY REPRIMAND, SUSPEND, DENY OR
17 REVOKE ANY ACCREDITATION OR CERTIFICATION ISSUED UNDER THIS ACT
18 TO ANY PERSON WHO:
19 (1) FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS TO
20 OBTAIN ACCREDITATION OR CERTIFICATION.
21 (2) FAILS AT ANY TIME TO MEET THE QUALIFICATION
22 REQUIREMENTS OF THIS ACT OR ANY REGULATIONS ADOPTED
23 THEREUNDER.
24 (3) FAILS TO MEET ANY APPLICABLE FEDERAL OR STATE
25 STANDARD RELATING TO ASBESTOS ABATEMENT.
26 (4) FAILS TO PAY THE REQUIRED ACCREDITATION OR
27 CERTIFICATION FEE.
28 (5) FAILS TO NOTIFY THE DEPARTMENT AS REQUIRED UNDER
29 [SECTION 8] SECTIONS 4 AND 8.
30 (B) ENFORCEMENT PROCEEDINGS.--NO ACTION UNDER THIS SECTION
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1 SHALL PRECLUDE THE DEPARTMENT FROM PROCEEDING UNDER SECTION 9.
2 SECTION 8. [CONTRACTOR NOTIFICATION OF ABATEMENT PROJECTS]
3 NOTIFICATION REQUIREMENTS.
4 (A) CONTRACTOR NOTIFICATION OF ABATEMENT PROJECTS.--ALL
5 CONTRACTORS PERFORMING AN ASBESTOS ABATEMENT PROJECT SHALL
6 REPORT TO THE DEPARTMENT AT LEAST FIVE DAYS PRIOR TO THE START
7 OF ANY ASBESTOS ABATEMENT PROJECT ON A FORM OR MANNER PRESCRIBED
8 BY THE DEPARTMENT. [THIS FORM] THE NOTIFICATION SHALL INCLUDE AT
9 LEAST THE FOLLOWING INFORMATION: NAME, ADDRESS AND CERTIFICATION
10 VERIFICATION OF THE CONTRACTOR; NAME, ADDRESS AND POLITICAL
11 SUBDIVISION OF THE LOCATION OF THE ASBESTOS PROJECT; NAME AND
12 MAILING ADDRESS OF THE BUILDING OWNER, IF DIFFERENT THAN THE
13 LOCATION; ESTIMATED AMOUNT OF ASBESTOS INVOLVED IN THE ABATEMENT
14 PROJECT; ESTIMATED COMPLETION DATE; AND NAME AND ADDRESS OF THE
15 LANDFILL WHERE THE ASBESTOS WILL BE SENT FOR DISPOSAL. NOTHING
16 IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT FROM REQUIRING
17 ADDITIONAL INFORMATION THAT IS DEEMED NECESSARY TO DEVELOP AND
18 MAINTAIN INFORMATION ON ASBESTOS ABATEMENT ACTIVITIES WITHIN
19 THIS COMMONWEALTH.
20 (B) CONTRACTOR NOTIFICATION OF PROJECTS RELATING TO CERTAIN
21 ASBESTOS.--ALL CONTRACTORS PERFORMING WORK ON ASBESTOS-
22 CONTAINING MATERIAL NOT INITIALLY DETERMINED TO BE A FRIABLE
23 ASBESTOS-CONTAINING MATERIAL AS DEFINED UNDER THIS ACT SHALL
24 NOTIFY THE DEPARTMENT AT LEAST FIVE DAYS PRIOR TO THE START OF
25 THE PROJECT. THE NOTIFICATION SHALL INCLUDE AT LEAST THE
26 FOLLOWING INFORMATION: NAME AND ADDRESS OF THE CONTRACTOR OR
27 PERSON PERFORMING THE WORK; NAME, ADDRESS AND POLITICAL
28 SUBDIVISION OF THE LOCATION OF THE WORKSITE; NAME AND ADDRESS OF
29 THE BUILDING OWNER, IF DIFFERENT FROM THE WORK LOCATION; AND THE
30 ESTIMATED COMPLETION DATE OF THE PROJECT. THE DEPARTMENT MAY
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1 EXCLUDE THIS NOTIFICATION REQUIREMENT FOR PROJECTS ON PRIVATE
2 SINGLE-FAMILY RESIDENTIAL UNITS.
3 (C) EMERGENCY PROJECTS.--IN THE CASE OF AN EMERGENCY
4 PROJECT, THE DEPARTMENT HAS THE AUTHORITY TO WAIVE OR MODIFY
5 NOTIFICATION REQUIREMENTS NOTED IN SUBSECTIONS (A) AND (B).
6 SECTION 9. ENFORCEMENT AND PENALTIES.
7 (A) GENERAL RULE.--
8 (1) THE PROVISIONS OF THIS ACT SHALL APPLY TO ALL
9 ASBESTOS ABATEMENT PROJECTS IN THIS COMMONWEALTH AND SHALL BE
10 ENFORCED BY THE DEPARTMENT, THE DISTRICT ATTORNEY OF ANY
11 COUNTY OR THE PROPER ENFORCEMENT OFFICER OF ANY MUNICIPALITY
12 IN WHICH AN ASBESTOS ABATEMENT PROJECT IS OCCURRING.
13 (2) A MUNICIPALITY [MAY] SHALL REQUIRE PROOF OF
14 CERTIFICATION FROM ANY PERSON ENGAGED IN ASBESTOS
15 [OCCUPATIONS] ABATEMENT WITHIN ITS JURISDICTION. FOR THE
16 PURPOSES OF THIS PARAGRAPH, THE CERTIFICATE ISSUED BY THE
17 DEPARTMENT OR ITS EQUIVALENT SHALL CONSTITUTE THE REQUIRED
18 PROOF OF CERTIFICATION.
19 * * *
20 Section 3 6. This act shall take effect in 60 days. <--
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