(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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(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.