HOUSE AMENDED
PRIOR PRINTER'S NOS. 823, 1103, 1807 PRINTER'S NO. 2601
No. 759 Session of 1989
INTRODUCED BY BELL, AFFLERBACH, GREENLEAF, PETERSON, SHAFFER AND
SHUMAKER, MARCH 23, 1989
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 1990
AN ACT
1 Requiring the accreditation of persons engaged in occupations <--
2 relating to asbestos; granting certain powers to the
3 Department of Labor and Industry; and providing for criminal
4 and civil penalties.
1 PROVIDING FOR THE ACCREDITATION OF PERSONS ENGAGED IN <--
2 OCCUPATIONS RELATING TO ASBESTOS; PROVIDING FOR CERTIFICATION
3 STANDARDS AND PROCEDURES; PROVIDING FOR ADDITIONAL DUTIES OF
4 THE DEPARTMENT OF LABOR AND INDUSTRY; ESTABLISHING THE
5 ASBESTOS CONTROL ADVISORY COMMITTEE AND PROVIDING FOR ITS
6 POWERS AND DUTIES; AND PROVIDING FOR ENFORCEMENT AND
7 PENALTIES.
8 THE GENERAL ASSEMBLY FINDS THAT IMPROPERLY PERFORMED ASBESTOS
9 REMOVAL AND OTHER ASBESTOS CONTROL MEASURES CREATE UNNECESSARY
10 AND UNDESIRABLE PUBLIC HEALTH HAZARDS. EXPOSURE TO AIRBORNE
11 ASBESTOS FIBERS HAS BEEN SHOWN TO CAUSE SIGNIFICANT INCREASES IN
12 THE INCIDENCE OF DISEASES SUCH AS ASBESTOSIS, LUNG CANCER,
13 MESOTHELIOMA, AND OTHER MALIGNANCIES. SUBSTANTIAL AMOUNTS OF
14 ASBESTOS CONTAINING MATERIALS HAVE BEEN USED IN BUILDINGS FOR
15 FIREPROOFING, INSULATION, SOUNDPROOFING, DECORATION AND OTHER
16 PURPOSES. THE PRESENCE OF AIRBORNE ASBESTOS IN CONCENTRATIONS
17 FAR EXCEEDING BACKGROUND AMBIENT LEVELS HAS BEEN FOUND IN
18 BUILDINGS WHERE FRIABLE ASBESTOS MATERIALS ARE FOUND, BUT
19 ESPECIALLY WHERE THESE MATERIALS HAVE BECOME DAMAGED OR ERODED,
20 OR WHERE THEY HAVE BEEN DISTURBED BY MAINTENANCE OR RENOVATION
21 WORK. EFFORTS TO PREVENT EXPOSURE TO ASBESTOS BY IMPROPER
22 REMOVAL OR OTHER IMPROPER REMEDIAL MEASURES CAN RESULT IN
23 INCREASED EXPOSURE FOR BUILDING OCCUPANTS AND THE GENERAL PUBLIC
24 IF THE WORK IS NOT DONE IN ACCORDANCE WITH PROCEDURES DESIGNED
25 TO PREVENT HUMAN AND ENVIRONMENTAL CONTAMINATION. IT IS,
26 THEREFORE, THE INTENT OF THIS ACT TO PROTECT THE PUBLIC BY
27 PREVENTING INCREASED EXPOSURE TO ASBESTOS IN BUILDINGS BY
1 ESTABLISHING A PROGRAM TO ACCREDIT ASBESTOS OCCUPATIONS TO
2 INSURE THAT PERSONS WHO DESIGN OR CONDUCT ABATEMENT ACTIVITIES
3 AT CERTAIN FACILITIES HAVE THE NECESSARY SKILL, TRAINING,
4 EXPERIENCE AND COMPETENCE TO PERFORM THESE ACTIVITIES. IT IS
5 FURTHER THE INTENT OF THIS ACT TO ESTABLISH THE NECESSARY
6 STANDARDS TO ACCREDIT TRAINING COURSES TO INSURE THAT PERSONS
7 WHO DESIGN AND PERFORM ASBESTOS ABATEMENT ACTIVITIES RECEIVE THE
8 MOST UP TO DATE TECHNOLOGY AND METHODS TO PERFORM THESE
9 ACTIVITIES. IT IS FURTHER THE INTENT OF THIS ACT THAT THE
10 DEPARTMENT OF LABOR AND INDUSTRY ESTABLISH FEES FOR THESE
11 ACCREDITATION ACTIVITIES SO THAT THEY WILL BECOME SELF-
12 SUSTAINING.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title. <--
16 This act shall be known and may be cited as the Pennsylvania
17 Asbestos Accreditation Act.
18 Section 2. Legislative finding and intent.
19 The General Assembly finds that exposure to airborne asbestos
20 fibers has been demonstrated to cause significant increases in
21 lung cancer, mesothelioma and other diseases. It is the intent
22 of the General Assembly to prevent unnecessary exposure of the
23 public to asbestos fibers by regulating asbestos abatement
24 practices and requiring Statewide standards for training and
25 accreditation of persons who perform asbestos projects.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Accreditation." A certificate or license issued by the
31 department permitting a person to work in an asbestos
32 occupation.
33 "Asbestos." Asbestiform varieties of chrysotile, amosite,
34 crocidolite, anthophyllite, tremolite and actinolite.
35 "Asbestos-containing material." Any material or product that
19890S0759B2601 - 2 -
1 contains more than 1% asbestos.
2 "Asbestos occupation." An inspector, management planner,
3 project designer, contractor, supervisor or worker for an
4 asbestos project.
5 "Asbestos project." Encapsulation, enclosure, removal,
6 repair, operations and maintenance, renovation or demolition
7 project. The term does not include small-scale, short-duration
8 operations and maintenance projects as determined by the
9 department.
10 "Department." The Department of Labor and Industry of the
11 Commonwealth.
12 "Friable asbestos-containing material." Asbestos-containing
13 material that may be crumbled, pulverized or reduced to powder
14 by hand pressure when dry. The term includes any asbestos-
15 containing material that will become, or may reasonably be
16 expected to become, friable as a result of cutting, crushing,
17 grinding or other activities during the asbestos project being
18 conducted.
19 "Person." An individual, partnership, corporation, sole
20 proprietorship, firm, enterprise, franchise, association, State
21 or municipal agency, political subdivision of the Commonwealth,
22 or any other entity.
23 Section 4. Accreditation required.
24 It shall be unlawful, after July 1, 1989, for any person:
25 (1) To engage in an asbestos occupation in a public or
26 nonprofit private elementary or secondary school without
27 accreditation for that occupation from the department.
28 (2) To engage in any asbestos project as a contractor,
29 supervisor or worker without accreditation for that asbestos
30 occupation from the department.
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1 (3) To contract or employ in an asbestos occupation a
2 person who does not meet accreditation requirements for that
3 occupation, as set by the department pursuant to this act.
4 Section 5. Regulations.
5 The department shall promulgate regulations establishing
6 standards and procedures that are consistent with Federal law
7 for the accreditation of asbestos occupations. The regulations
8 shall include, but not be limited to, standards for training
9 course approval and review, examinations for accreditation
10 applicants, annual refresher courses and renewal of
11 accreditation, and revocation of accreditation.
12 Section 6. Qualifications for accreditation.
13 (a) General rule.--To qualify for accreditation in a
14 particular asbestos occupation, a person shall have:
15 (1) Successfully completed an asbestos-related training
16 course approved or administered by the department for that
17 occupation.
18 (2) Passed an examination approved or administered by
19 the department.
20 (3) Satisfactorily demonstrated previous training or
21 experience for the occupation, as the department may require.
22 (b) Procedure.--Any person applying for accreditation shall
23 submit required fees and follow procedures prescribed by the
24 department by regulation.
25 (c) Exemption.--A person licensed as a professional
26 engineer, competent in the field of asbestos abatement, shall be
27 considered accredited as a project designer under this act.
28 Section 7. Reciprocity.
29 The department may accredit for an asbestos occupation a
30 person who has been accredited for that occupation by another
19890S0759B2601 - 4 -
1 state in conformance with Federal law. To be eligible, that
2 person must also:
3 (1) Successfully complete a training course, approved or
4 administered by the department, on Pennsylvania law, rules
5 and regulations.
6 (2) Pass the examination administered by the department
7 on those topics.
8 (3) Meet any other requirements set by the department.
9 Section 8. Fees.
10 The department shall, by regulation, establish fees that
11 recover revenue sufficient to cover the department's direct and
12 indirect costs in implementing this act. The department may
13 collect fees for applications, issuance and renewal of
14 accreditation, examinations, training course approval and
15 review, job notifications and inspections, recordkeeping and
16 other asbestos-related activities of the department.
17 Section 9. Inspections and records.
18 (a) On-site inspection.--At least once a year, during an
19 actual asbestos project, the department shall conduct an on-site
20 job inspection for each asbestos contractor. The department may
21 make similar job inspections for other asbestos occupations. The
22 department shall have the power and authority to enter at
23 reasonable times upon any property for this purpose.
24 (b) Record of projects.--An asbestos contractor shall keep a
25 record of each asbestos project that it performs and shall make
26 the record available to the department upon request. Records
27 required by this section shall be kept for at least 30 years,
28 unless otherwise specified by the department. The records shall
29 include:
30 (1) The name, address and accreditation number of the
19890S0759B2601 - 5 -
1 individual who supervised the asbestos project, and the name
2 of each employee or agent of the contractor who worked on the
3 project.
4 (2) The location and a description, as required by the
5 department, of the project and the amount of asbestos
6 material that was removed.
7 (3) The starting and completion dates of each project
8 and a summary of the procedures that were used to comply with
9 all Federal and State standards for asbestos projects.
10 (4) The name and address of each asbestos disposal site
11 where waste containing asbestos was deposited and the
12 disposal site receipts.
13 Section 10. Powers of department.
14 (a) Department action.--The department may reprimand, or may
15 suspend, deny or revoke the accreditation of, any person who:
16 (1) Fraudulently or deceptively obtains or attempts to
17 obtain accreditation.
18 (2) Fails at any time to meet the qualifications for
19 accreditation or to comply with the requirements of this act
20 or any regulation adopted by the department.
21 (3) Fails to meet any applicable Federal or State
22 standard for asbestos projects.
23 (b) Hearing.--All actions of the department shall be taken
24 subject to the right of notice, hearing and adjudication and the
25 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
26 to administrative law and procedure).
27 Section 11. Penalties.
28 (a) Criminal penalties.--A person who violates this act
29 commits a misdemeanor of the third degree for the first two
30 violations and shall, upon conviction, be sentenced to pay a
19890S0759B2601 - 6 -
1 fine of not more than $1,000 or to imprisonment for not more
2 than 90 days, or both. For each subsequent violation, a person
3 commits a misdemeanor of the first degree and shall, upon
4 conviction, be sentenced to pay a fine of not more than $2,500
5 or to imprisonment for not more than one year, or both.
6 (b) Civil penalty.--In addition to any other civil remedy or
7 criminal penalty provided for in this act, the department may
8 levy a civil penalty of not more than $1,000 a day for an
9 initial violation and a civil penalty of not more than $5,000 a
10 day for each subsequent violation committed within a three-year
11 period and arising from willful violation of Federal or State
12 standards for asbestos projects.
13 (c) Cease and desist.--The department, upon determination
14 that there is a violation of this act or any regulation
15 promulgated pursuant to this act, may issue an order to cease
16 and desist or to abate hazards, or an order for building closure
17 or evacuation. A person to whom an order is directed shall
18 immediately comply with that order.
19 (d) Failure to obtain valid accreditation.--Any person who
20 engages in an asbestos project without valid accreditation shall
21 be assessed a civil penalty by the department of not more than
22 $25,000 a day. In the case of a continuing violation, every day
23 such violation continues shall be deemed a separate violation.
24 Section 12. Effective date.
25 This act shall take effect immediately.
26 SECTION 1. SHORT TITLE. <--
27 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE ASBESTOS
28 OCCUPATIONS ACCREDITATION AND CERTIFICATION ACT.
29 SECTION 2. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
19890S0759B2601 - 7 -
1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "ACCREDITATION." A CERTIFICATE ISSUED BY THE DEPARTMENT OF
4 LABOR AND INDUSTRY PERMITTING A PERSON TO CONDUCT ASBESTOS
5 OCCUPATION TRAINING COURSES.
6 "ASBESTOS." THE ASBESTIFORM VARIETIES OF SERPENTINE
7 (CHRYSOTILE), RIEBECKITE (CROCIDOLITE), CUMMINGTONITE-GRUNERITE
8 (AMOSITE), ANTHOPHYLLITE, ACTINOLITE AND TREMOLITE.
9 "ASBESTOS ABATEMENT." ANY DEMOLITION, RENOVATION, REPAIR,
10 CONSTRUCTION, OR MAINTENANCE ACTIVITY OF ANY PUBLIC OR PRIVATE
11 FACILITY THAT INVOLVES THE REPAIR, ENCLOSURE, ENCAPSULATION,
12 REMOVAL, SALVAGE, HANDLING OR DISPOSAL OF ANY MATERIAL WITH THE
13 POTENTIAL OF RELEASING ASBESTOS FIBERS FROM ASBESTOS-CONTAINING
14 MATERIAL.
15 "ASBESTOS-CONTAINING MATERIAL." ANY MATERIAL THAT CONTAINS
16 MORE THAN 1% ASBESTOS BY WEIGHT.
17 "ASBESTOS OCCUPATION." AN INSPECTOR, MANAGEMENT PLANNER,
18 PROJECT DESIGNER, CONTRACTOR, SUPERVISOR OR WORKER AT AN
19 ASBESTOS ABATEMENT PROJECT.
20 "BUILDING." ALL OR PART OF ANY PUBLIC OR PRIVATE BUILDING OR
21 STRUCTURE.
22 "CERTIFICATION." A CERTIFICATE ISSUED BY THE DEPARTMENT OF
23 LABOR AND INDUSTRY PERMITTING A PERSON TO WORK IN AN ASBESTOS
24 OCCUPATION AND WHICH CONTAINS A RECENT PHOTOGRAPH OF THAT
25 PERSON.
26 "DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE
27 COMMONWEALTH.
28 "EPA." THE ENVIRONMENTAL PROTECTION AGENCY.
29 "FRIABLE ASBESTOS MATERIAL." ANY ASBESTOS-CONTAINING
30 MATERIAL THAT, WHEN DRY, CAN BE CRUMBLED, PULVERIZED OR REDUCED
19890S0759B2601 - 8 -
1 TO POWDER BY HAND PRESSURE, INCLUDING AN ASBESTOS-CONTAINING
2 MATERIAL THAT WILL OR CAN REASONABLY BE EXPECTED TO BECOME
3 FRIABLE AS A RESULT OF THE ASBESTOS ABATEMENT ACTIVITY.
4 "PERSON." AN INDIVIDUAL, PUBLIC OR PRIVATE CORPORATION,
5 NONPROFIT CORPORATION, ASSOCIATION, FIRM, PARTNERSHIP, JOINT
6 VENTURE, BUSINESS TRUST, JOINT STOCK COMPANY, MUNICIPAL
7 CORPORATION, THE COMMONWEALTH AND ANY OF ITS AGENCIES OR
8 POLITICAL SUBDIVISIONS, THE FEDERAL GOVERNMENT OR ANY OF ITS
9 AGENCIES, OR ANY OTHER ENTITY, PUBLIC OR PRIVATE, HOWEVER
10 ORGANIZED.
11 "SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE
12 COMMONWEALTH.
13 SECTION 3. CERTIFICATION REQUIREMENT.
14 IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN ANY ASBESTOS
15 OCCUPATION IN ANY BUILDING WITHOUT PROPER CERTIFICATION FOR THAT
16 OCCUPATION FROM THE DEPARTMENT.
17 SECTION 4. ACCREDITATION STANDARDS AND PROCEDURES.
18 (A) REGULATIONS OF DEPARTMENT.--THE DEPARTMENT SHALL BY
19 REGULATION ESTABLISH STANDARDS AND PROCEDURES FOR THE
20 ACCREDITATION OF ASBESTOS OCCUPATION TRAINING COURSES. THESE
21 REGULATIONS SHALL BE AT LEAST AS STRINGENT AS THOSE ESTABLISHED
22 BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER THE ASBESTOS HAZARD
23 EMERGENCY RESPONSE ACT OF 1986 (PUBLIC LAW 99-519, 15 U.S.C. §
24 2641 ET SEQ.) AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
25 (1) THE CHARACTERISTICS AND USES OF ASBESTOS AND THE
26 POTENTIAL HEALTH EFFECTS OF EXPOSURE TO ASBESTOS.
27 (2) FEDERAL, STATE AND LOCAL STANDARDS RELATING TO
28 ASBESTOS ABATEMENT WORK PRACTICES.
29 (3) METHODS TO PROTECT PERSONAL AND PUBLIC HEALTH FROM
30 ASBESTOS HAZARDS.
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1 (4) AIR MONITORING.
2 (5) SAFE AND PROPER ASBESTOS ABATEMENT TECHNIQUES.
3 (6) PROPER DISPOSAL OF WASTE CONTAINING ASBESTOS.
4 (B) TRAINING COURSES.--
5 (1) IN ACCORDANCE WITH THE CRITERIA AND QUALIFICATIONS
6 ESTABLISHED BY THE DEPARTMENT UNDER SUBSECTION (A), THE
7 DEPARTMENT SHALL ANNUALLY ACCREDIT TRAINING COURSES THAT
8 SATISFY INITIAL AND RENEWAL TRAINING REQUIREMENTS FOR
9 CERTIFICATION FOR ASBESTOS OCCUPATIONS.
10 (2) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS
11 SECTION, ANY PERSON PROVIDING A TRAINING COURSE FOR WHICH
12 ACCREDITATION IS SOUGHT SHALL DEMONSTRATE TO THE DEPARTMENT'S
13 SATISFACTION HIS ABILITY AND PROFICIENCY TO CONDUCT THE
14 TRAINING.
15 (3) ANY PERSON PROVIDING ACCREDITED ASBESTOS OCCUPATION
16 TRAINING SHALL MAKE AVAILABLE TO THE DEPARTMENT, AT NO COST
17 TO THE DEPARTMENT AND AT SUCH TIMES AS THE DEPARTMENT MAY
18 DEEM NECESSARY, ALL COURSE MATERIALS AND RECORDS AND ACCESS
19 TO ACTUAL TRAINING SESSIONS.
20 (4) THE DEPARTMENT MAY ALLOW THE USE OF TRAINING COURSES
21 OFFERED IN OTHER STATES OR JURISDICTIONS TO SATISFY THE
22 PENNSYLVANIA TRAINING REQUIREMENTS, IF THE DEPARTMENT FINDS
23 THAT THE TRAINING RECEIVED IN THE OTHER STATES OR
24 JURISDICTION MEET THE REQUIREMENT FOR TRAINING COURSES UNDER
25 THIS ACT AND THE REGULATIONS PROMULGATED UNDER THIS ACT.
26 (5) ALL TRAINING COURSES APPROVED BY THE ENVIRONMENTAL
27 PROTECTION AGENCY ON THE EFFECTIVE DATE OF THIS ACT SHALL BE
28 DEEMED TO BE ACCREDITED UNDER THIS SECTION. HOWEVER, NOTHING
29 IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT FROM REQUIRING
30 ANY TRAINING PROVIDER TO COMPLY WITH ITS RENEWAL REQUIREMENTS
19890S0759B2601 - 10 -
1 IN ORDER TO HAVE ITS ACCREDITATION RENEWED.
2 (6) UPON THE EFFECTIVE DATE OF THIS ACT, THE
3 REQUIREMENTS OF THE ENVIRONMENTAL PROTECTION AGENCY'S MODEL
4 ACCREDITATION PROGRAM CONTAINED IN 40 CFR PART 763, SUBPART
5 E, APPENDIX C, ESTABLISHING THE FEDERAL REQUIREMENTS FOR
6 CERTIFICATION OF TRAINING COURSES ARE ADOPTED AS THE INITIAL
7 INTERIM STANDARDS UNDER THIS ACT. THESE INTERIM ACCREDITATION
8 REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT
9 PROMULGATES REGULATIONS UNDER SUBSECTION (A).
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 AS THOSE
15 ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER THE
16 ASBESTOS HAZARD EMERGENCY RESPONSE ACT OF 1986 (PUBLIC LAW 99-
17 519, 15 U.S.C. § 2641 ET. SEQ.), AND SHALL INCLUDE, BUT NOT BE
18 LIMITED TO, THE FOLLOWING REQUIREMENTS:
19 (1) SUCCESSFUL COMPLETION OF A TRAINING COURSE ON
20 PENNSYLVANIA'S LAWS AND REGULATIONS REGARDING ASBESTOS.
21 (2) PASSING A WRITTEN EXAMINATION ADMINISTERED OR
22 APPROVED BY THE DEPARTMENT WHICH TESTS THE PERSON'S KNOWLEDGE
23 OF FEDERAL AND PENNSYLVANIA LAWS AND REGULATIONS AS THEY
24 APPLY TO THAT PERSON'S ASBESTOS OCCUPATION.
25 (B) ASBESTOS OCCUPATIONS.--ANY PERSON MEETING THE
26 REQUIREMENTS ESTABLISHED UNDER SUBSECTION (A) MAY BE CERTIFIED
27 BY THE DEPARTMENT TO PERFORM ASBESTOS OCCUPATIONS.
28 (C) CERTIFICATION IN ANOTHER JURISDICTION.--
29 (1) THE DEPARTMENT MAY CERTIFY FOR AN ASBESTOS
30 OCCUPATION ANY PERSON WHO HAS BEEN CERTIFIED BY ANOTHER STATE
19890S0759B2601 - 11 -
1 OR TERRITORY OF THE UNITED STATES OR ANY OTHER JURISDICTION
2 WHICH HAS REQUIREMENTS AT LEAST AS STRINGENT AS THOSE
3 PROMULGATED UNDER SUBSECTION (A).
4 (2) THE DEPARTMENT SHALL, WITHIN 120 DAYS AFTER THE
5 EFFECTIVE DATE OF THIS ACT, PUBLISH IN THE PENNSYLVANIA
6 BULLETIN A LIST OF THOSE JURISDICTIONS WHICH MEET THE
7 REQUIREMENTS OF PARAGRAPH (1) AND WITH WHICH RECIPROCITY WILL
8 BE GRANTED. AS THE DEPARTMENT ADDS AND DELETES JURISDICTIONS,
9 IT SHALL PUBLISH REVISED LISTS.
10 (3) EXCEPT AS PROVIDED IN PARAGRAPH (4), ANY PERSON
11 RECEIVING RECIPROCAL CERTIFICATION UNDER THIS SUBSECTION
12 SHALL BE REQUIRED TO PAY THE APPROPRIATE FEE ESTABLISHED
13 UNDER SECTION 7, AND SHALL OBTAIN A PENNSYLVANIA CERTIFICATE.
14 (4) ANY PERSON ACCREDITED BY A CITY OF THE FIRST CLASS
15 OR A COUNTY OF THE SECOND CLASS SHALL BE DEEMED TO BE
16 CERTIFIED UNDER THIS SECTION. IN ADDITION, ANY PERSON
17 CERTIFIED BY A CITY OF THE FIRST CLASS OR A COUNTY OF THE
18 SECOND CLASS SHALL NOT BE REQUIRED TO OBTAIN A PENNSYLVANIA
19 CERTIFICATION, PROVIDED THAT SUCH PERSON HAS BEEN ISSUED A
20 CERTIFICATE WHICH CONTAINS A RECENT PHOTOGRAPH. IF THE
21 CERTIFICATE ISSUED BY A CITY OF THE FIRST CLASS OR A COUNTY
22 OF THE SECOND CLASS DOES NOT CONTAIN A PHOTOGRAPH, THE PERSON
23 SHALL REIMBURSE THE DEPARTMENT FOR THE COST OF THE ISSUANCE
24 OF A PENNSYLVANIA ACCREDITATION CERTIFICATE.
25 (D) INTERIM CERTIFICATION.--UNTIL THE DEPARTMENT PROMULGATES
26 REGULATIONS ESTABLISHING A CERTIFICATION PROGRAM UNDER
27 SUBSECTION (A), ANY PERSON WHO HAS SUCCESSFULLY COMPLETED AN EPA
28 APPROVED TRAINING COURSE SHALL BE DEEMED TO BE CERTIFIED IN THIS
29 COMMONWEALTH UPON PAYMENT OF THE APPROPRIATE FEE UNDER SECTION 7
30 AND UPON SUBMISSION OF A COPY OF THE APPROPRIATE DOCUMENTATION
19890S0759B2601 - 12 -
1 FROM THE EPA APPROVED TRAINING COURSE. INTERIM CERTIFICATION
2 ISSUED UNDER THIS SECTION SHALL BE VALID FOR A ONE-YEAR PERIOD.
3 SECTION 6. SUSPENSION, REVOCATION, ETC.
4 (A) GROUNDS.--THE DEPARTMENT MAY REPRIMAND, SUSPEND, DENY OR
5 REVOKE ANY ACCREDITATION OR CERTIFICATION ISSUED UNDER THIS ACT
6 TO ANY PERSON WHO:
7 (1) FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS TO
8 OBTAIN ACCREDITATION OR CERTIFICATION.
9 (2) FAILS AT ANY TIME TO MEET THE QUALIFICATION
10 REQUIREMENTS OF THIS ACT OR ANY REGULATIONS ADOPTED
11 THEREUNDER.
12 (3) FAILS TO MEET ANY APPLICABLE FEDERAL OR STATE
13 STANDARD RELATING TO ASBESTOS ABATEMENT.
14 (4) FAILS TO PAY THE REQUIRED ACCREDITATION OR
15 CERTIFICATION FEE.
16 (5) FAILS TO NOTIFY THE DEPARTMENT AS REQUIRED UNDER
17 SECTION 8.
18 (B) ENFORCEMENT PROCEEDINGS.--NO ACTION UNDER THIS SECTION
19 SHALL PRECLUDE THE DEPARTMENT FROM PROCEEDING UNDER SECTION 9.
20 SECTION 7. FEES.
21 (A) SCHEDULES.--THE DEPARTMENT SHALL ESTABLISH A SCHEDULE OF
22 FEES FOR:
23 (1) CERTIFICATION OF INSPECTORS, MANAGEMENT PLANNERS,
24 PROJECT DESIGNERS, CONTRACTORS, SUPERVISORS AND WORKERS AT
25 ASBESTOS ABATEMENT PROJECTS.
26 (2) ACCREDITATION OF TRAINING COURSES.
27 (B) COSTS.--THE FEES ESTABLISHED UNDER THIS SECTION SHALL BE
28 BASED UPON THE COSTS INCURRED BY THE DEPARTMENT IN CARRYING OUT
29 THE ASBESTOS OCCUPATION CERTIFICATION AND TRAINING COURSE
30 ACCREDITATION PROGRAMS ESTABLISHED UNDER THIS ACT.
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1 (C) DEPOSIT OFFER.--ALL FEES COLLECTED UNDER THIS ACT SHALL
2 BE DEPOSITED IN A SEPARATE RESTRICTED ACCOUNT IN THE STATE
3 TREASURY. ALL MONEYS IN THIS ACCOUNT ARE HEREBY APPROPRIATED TO
4 THE DEPARTMENT ON A CONTINUING BASIS TO CARRY OUT THE PURPOSES
5 OF THIS ACT.
6 (D) WAIVERS.--IN ADOPTING THE SCHEDULE OF FEES UNDER THIS
7 SECTION, THE DEPARTMENT MAY INCLUDE PROVISIONS AND PROCEDURES
8 FOR GRANTING A WAIVER OF A FEE.
9 (E) INTERIM SCHEDULE.--UPON THE EFFECTIVE DATE OF THIS
10 SECTION, THE FOLLOWING FEE SCHEDULE IS ADOPTED AS THE INTERIM
11 FEE SCHEDULE WHICH SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT
12 PROMULGATES FEES AS PROVIDED IN SUBSECTION (A) BY REGULATION:
13 WORKER CERTIFICATION - $50
14 SUPERVISOR CERTIFICATION - $100
15 PROJECT DESIGNER CERTIFICATION - $300
16 INSPECTOR CERTIFICATION - $300
17 MANAGEMENT PLANNER CERTIFICATION - $300
18 CONTRACTOR CERTIFICATION - $500
19 TRAINING COURSE ACCREDITATION - $1,000
20 SECTION 8. CONTRACTOR NOTIFICATION OF ABATEMENT PROJECTS.
21 ALL CONTRACTORS PERFORMING AN ASBESTOS ABATEMENT PROJECT
22 SHALL REPORT TO THE DEPARTMENT THE START OF ANY ASBESTOS
23 ABATEMENT PROJECT ON A FORM PRESCRIBED BY THE DEPARTMENT. THIS
24 FORM SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION: NAME,
25 ADDRESS, AND CERTIFICATION VERIFICATION OF THE CONTRACTOR; NAME,
26 ADDRESS AND POLITICAL SUBDIVISION OF THE LOCATION OF THE
27 ASBESTOS PROJECT; NAME AND MAILING ADDRESS OF THE BUILDING
28 OWNER, IF DIFFERENT THAN THE LOCATION; ESTIMATED AMOUNT OF
29 ASBESTOS INVOLVED IN THE ABATEMENT PROJECT; ESTIMATED COMPLETION
30 DATE; AND NAME AND ADDRESS OF THE LANDFILL WHERE THE ASBESTOS
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1 WILL BE SENT FOR DISPOSAL. NOTHING IN THIS SECTION SHALL
2 PROHIBIT THE DEPARTMENT FROM REQUIRING ADDITIONAL INFORMATION
3 THAT IS DEEMED NECESSARY TO DEVELOP AND MAINTAIN INFORMATION ON
4 ASBESTOS ABATEMENT ACTIVITIES WITHIN THIS COMMONWEALTH.
5 SECTION 9. ENFORCEMENT AND PENALTIES.
6 (A) GENERAL RULE.--
7 (1) THE PROVISIONS OF THIS ACT SHALL APPLY TO ALL
8 ASBESTOS ABATEMENT PROJECTS IN THIS COMMONWEALTH AND SHALL BE
9 ENFORCED BY THE DEPARTMENT, THE DISTRICT ATTORNEY OF ANY
10 COUNTY, OR THE PROPER ENFORCEMENT OFFICER OF ANY MUNICIPALITY
11 IN WHICH AN ASBESTOS ABATEMENT PROJECT IS OCCURRING.
12 (2) A MUNICIPALITY MAY REQUIRE PROOF OF CERTIFICATION
13 FROM ANY PERSON ENGAGED IN ASBESTOS OCCUPATIONS WITHIN ITS
14 JURISDICTION. FOR THE PURPOSES OF THIS PARAGRAPH, THE
15 CERTIFICATE ISSUED BY THE DEPARTMENT OR ITS EQUIVALENT SHALL
16 CONSTITUTE THE REQUIRED PROOF OF CERTIFICATION.
17 (B) CITIES OF THE FIRST CLASS AND COUNTIES OF THE SECOND
18 CLASS.--NOTHING IN THIS ACT SHALL BE CONSTRUED AS AFFECTING
19 ORDINANCES REGULATING ASBESTOS ABATEMENT PROJECTS IN CITIES OF
20 THE FIRST CLASS OR COUNTIES OF THE SECOND CLASS, OR THE
21 LICENSING AND ACCREDITATION OF ASBESTOS OCCUPATIONS IN CITIES OF
22 THE FIRST CLASS OR COUNTIES OF THE SECOND CLASS IN SO MUCH AS
23 SUCH ORDINANCES ARE AT LEAST AS STRINGENT AS THIS ACT. THE DULY
24 APPOINTED OFFICERS OF CITIES OF THE FIRST CLASS OR COUNTIES OF
25 THE SECOND CLASS SHALL BE EQUALLY RESPONSIBLE WITH THE SECRETARY
26 FOR THE ENFORCEMENT OF THIS ACT AND THE REGULATIONS OF THE
27 DEPARTMENT PERTAINING TO THE CERTIFICATION OF ASBESTOS
28 OCCUPATIONS AND THE ACCREDITATION OF ASBESTOS OCCUPATION
29 TRAINING COURSES.
30 (C) POWERS OF ENFORCEMENT OFFICERS.--FOR THE PURPOSES OF
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1 ENFORCING THE PROVISIONS OF THIS ACT, ALL THE OFFICERS CHARGED
2 WITH ITS ENFORCEMENT SHALL HAVE THE POWER TO ENTER ANY OF THE
3 BUILDINGS OR STRUCTURES ENUMERATED IN SECTION 3, AND NO PERSON
4 SHALL HINDER OR DELAY, OR INTERFERE WITH, ANY OF THE SAID
5 OFFICERS IN THE PERFORMANCE OF THEIR DUTY, NOR REFUSE
6 INFORMATION NECESSARY TO DETERMINE COMPLIANCE WITH THE
7 PROVISIONS OF THIS ACT, AND THE RULES AND REGULATIONS
8 PROMULGATED HEREUNDER.
9 (D) PENALTIES.--
10 (1) ANY PERSON AS DEFINED IN SECTION 2, EXCEPT A
11 DEPARTMENT, BOARD, BUREAU OR AGENCY OF THE COMMONWEALTH,
12 ENGAGING IN UNLAWFUL CONDUCT AS SET FORTH IN THIS ACT, SHALL,
13 FOR EACH OFFENSE, UPON CONVICTION IN A SUMMARY PROCEEDING, BE
14 SENTENCED TO PAY A FINE OF NOT LESS THAN $100 NOR MORE THAN
15 $1,000, PLUS THE COSTS OF PROSECUTION, AND, IN DEFAULT
16 THEREOF, IMPRISONMENT FOR NOT LESS THAN TEN DAYS NOR MORE
17 THAN 30 DAYS.
18 (2) ANY PERSON WHO WILLFULLY VIOLATES THIS ACT,
19 INCLUDING, BUT NOT LIMITED TO, FALSIFYING DOCUMENTS OR
20 RECORDS REQUIRED AND SUBMITTED UNDER THIS ACT, COMMITS A
21 MISDEMEANOR OF THE THIRD DEGREE FOR THE FIRST TWO VIOLATIONS
22 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
23 MORE THAN $1,000, PLUS THE COSTS OF PROSECUTION, OR TO
24 IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. FOR EACH
25 SUBSEQUENT VIOLATION, A PERSON COMMITS A MISDEMEANOR OF THE
26 FIRST DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
27 A FINE OF NOT MORE THAN $2,500, PLUS THE COSTS OF
28 PROSECUTION, OR TO IMPRISONMENT FOR NOT MORE THAN ONE YEAR,
29 OR BOTH.
30 (E) CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR
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1 CRIMINAL PENALTY PROVIDED FOR IN THIS ACT, THE DEPARTMENT MAY
2 LEVY A CIVIL PENALTY OF NOT MORE THAN $1,000 A DAY FOR AN
3 INITIAL VIOLATION AND A CIVIL PENALTY OF NOT MORE THAN $5,000 A
4 DAY FOR EACH SUBSEQUENT VIOLATION COMMITTED WITHIN A THREE-YEAR
5 PERIOD AND ARISING FROM WILLFUL VIOLATION OF THIS ACT.
6 SECTION 10. ASBESTOS CONTROL ADVISORY COMMITTEE.
7 (A) ADVISORY COMMITTEE CREATED.--THE ASBESTOS CONTROL
8 ADVISORY COMMITTEE IS HEREBY CREATED TO ADVISE THE SECRETARY
9 WITH RESPECT TO THE RULES AND REGULATIONS OF THE DEPARTMENT
10 PROMULGATED PURSUANT TO THIS ACT AND OTHER PROCEDURES,
11 STANDARDS, CRITERIA, GUIDELINES OR RELATED MATTERS ASSIGNED TO
12 IT BY THE SECRETARY.
13 (B) ADVISORY COMMITTEE MEMBERSHIP.--THE ADVISORY COMMITTEE
14 SHALL BE COMPOSED OF 11 MEMBERS APPOINTED BY THE SECRETARY AS
15 FOLLOWS:
16 (1) THE SECRETARY OF LABOR AND INDUSTRY OR HIS DESIGNEE,
17 WHO SHALL ACT AS CHAIRPERSON.
18 (2) THE SECRETARY OF ENVIRONMENTAL RESOURCES OR HIS
19 DESIGNEE.
20 (3) THE SECRETARY OF HEALTH OR HIS DESIGNEE.
21 (4) TWO MEMBERS WHO SHALL REPRESENT CONSTRUCTION
22 CONTRACTORS AND SHALL EACH HAVE A MINIMUM OF TWO YEARS'
23 EXPERIENCE IN ASBESTOS ABATEMENT.
24 (5) TWO MEMBERS WHO SHALL REPRESENT CONSTRUCTION UNIONS
25 WHOSE MEMBERS ARE ENGAGED IN ASBESTOS ABATEMENT.
26 (6) TWO MEMBERS WHO SHALL REPRESENT THE PUBLIC INTEREST
27 AND SHALL BE MEMBERS OF ENVIRONMENTAL ORGANIZATIONS WITH
28 EXPERTISE ON ASBESTOS ISSUES.
29 (7) ONE MEMBER WHO SHALL REPRESENT BUILDING OWNERS.
30 (8) ONE MEMBER WHO SHALL BE AN ENVIRONMENTAL CONSULTANT
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1 AND SHALL HAVE A MINIMUM OF THREE YEARS' EXPERIENCE IN
2 CONSULTING ON ASBESTOS ABATEMENT.
3 (C) ASBESTOS ABATEMENT.--THE ASBESTOS CONTROL ADVISORY
4 COMMITTEE SHALL ALSO STUDY THE NEED FOR THE CREATION OF AN
5 ASBESTOS ABATEMENT PROJECT PERMITTING PROGRAM, ASBESTOS
6 ABATEMENT PROJECT CONTRACTOR LICENSURE PROGRAM, AND SHALL MAKE
7 RECOMMENDATIONS TO THE SECRETARY BASED ON ITS FINDINGS.
8 SECTION 11. SEVERABILITY.
9 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
10 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS
11 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
12 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
13 THE INVALID PROVISION OR APPLICATION.
14 SECTION 12. EFFECTIVE DATE.
15 THIS ACT SHALL TAKE EFFECT JULY 1, 1991.
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