Asbestos Abatement >> Abatement Asbestos

The following asbestos control program rules, shall apply to all asbestos abatement activities occurring within the City of New York. (b) Every owner of a building where asbestos abatement activity occurs shall be responsible for the performance of the asbestos abatement activities by his/her agent, contractor, employee, or other representative. (c) Every Abatement Asbestos contractor and worker engaged in asbestos abatement activities shall comply with the provisions of this chapter except as otherwise specified. (d) Every investigator engaged to identify the presence and evaluate the condition of asbestos in a building or structure shall comply with the provisions of this chapter except as otherwise specified.

(e) No person shall knowingly make a false statement or submit a false document to the Department as to any matter concerning an asbestos project or any document required to be filed under these rules. (f) The department may inspect at a reasonable time and in a reasonable manner anything which affects or may affect the emission or release of asbestos fibers or Abatement Asbestos the disturbance of asbestos-containing material, including but not limited to the premises where an asbestos project is being conducted, or the premises for which a notification has been filed under § 1-21 – § 1-26 of these Rules, or the premises where an application has been filed with the Department of Buildings for a plan or permit approval.

(g) No person shall interfere with or obstruct any employee of the Department in the performance of their official duties, including but not limited to the performance of inspections. (h) No person who holds a certificate issued pursuant to these rules shall engage in unprofessional conduct. Unprofessional conduct shall include but is not limited to: (1) Failure to comply with provisions of Federal, State or local laws, rules, or Abatement Asbestos regulations. (2) Conduct in asbestos inspections, assessment, abatement activities, air sampling, etc. which evidences moral unfitness. (3) Making or filing a false report, or failing to file a report required by these rules or impeding or obstructing such filing, or inducing another person to do so.

(i) The size (amount of material to be disturbed or, in the case of cleanups, the dimensions of the area to be cleaned) and scope of the overall project shall control the notification to be filed and work procedures to be followed. The requirements set forth in these rules may not be avoided or lessened through the performance of work in increments or piecemeal fashion. (j) (1) Any person, including but not limited to contractors, building owners, and air monitoring companies, who is in violation of or fails to comply with any provision of these rules or the terms and conditions of any variance issued pursuant to these Abatement Asbestos rules shall be subject to the issuance of notice(s) of violation and other civil and criminal enforcement actions pursuant to Title 24, Chapter 1, Subchapter 9 of the Administrative Code of the City of New York.

(2) The maximum civil penalty for any violation of a lettered subsection of these rules, pursuant to a notice of violation returnable before the Environmental Control Board, shall be $10,000, except that a violation of section 1-26 shall carry a maximum penalty of $15,000. (3) DEP may deny any application for an asbestos abatement permit pursuant to section 1-26 of these rules, or a variance application pursuant to section 1-03 of these rules, where any party to the asbestos project, including but not limited to the abatement contractor, building owner, and air monitoring Abatement Asbestos company, has docketed, unpaid civil penalties imposed by the Environmental Control Board for violations of these rules, sections 24-146.1 and 24-146.3 of the Administrative Code, or NYSDOL ICR 56. § 1-02 Definitions.

Abatement. "Abatement” shall mean any and all procedures physically taken to control fiber release from asbestos-containing materials. This includes removal, encapsulation, enclosure, cleanup and repair. Abatement activities. "Abatement activities” shall mean all Abatement Asbestos activities from the initiation of work area preparation through successful clearance air monitoring performed at the conclusion of an asbestos project or minor project. Adequately wet. "Adequately wet” shall mean the complete penetration of a material with amended water to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then the material has not been adequately wetted.

However, the absence of visible emissions is not evidence of being adequately wet. ACM must be fully penetrated with the wetting agent in order to be considered adequately wet. If the ACM being abated is resistant to amended water penetration, wetting agent shall be applied to the material prior to and during removal as necessary to minimize fiber release.

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