Ala. Admin. Code r. 335-3-11-.05

Current through Register Vol. 42, No. 8, May 31, 2024

Section 335-3-11-.05 - Certification Of Asbestos Abatement Contractors

(1) Any person, firm, organization, or corporation who is the owner or operator of any asbestos removal project for which notification is required pursuant to the requirements of Rule 335-3-11-.02(12) shall ensure that the parties executing the asbestos removal project are certified by the Department.

(2) Procedures for application for certification and recertification.

(a) An application for certification or recertification must be completed on forms that are supplied by the Department.

(b) Applications shall include, at minimum, the following information:

1. Lists of supervisors and workers, including their accreditation numbers issued by the state-approved accreditation program.

2. A list of asbestos removal operations performed by the party during the previous twelve (12) months.

3. Assurance that all supervisors or workers used in asbestos removal operations employed by the party shall have a current accreditation by the state-approved accreditation program before performing any work inside or outside a removal site.

4. A written certification from the principal officer or person stating that he/she understands state regulations pertaining to asbestos removal and will abide by said regulations.

(c) The Department may issue a certificate of certification to a party if it has been determined that:

1. Each supervisor and worker involved in asbestos removal is accredited by the state-approved accreditation program.

2. All application forms and attachments are properly completed and have been submitted.

3. The application fees have been paid.

(d) The Department may deny certification if it determines that the applicant is unable or unwilling to fully comply with applicable requirements, procedures, rules and standards promulgated or established by the Commission or the Department. All notices regarding the denial of certification will be sent via certified mail.

(3) Parties must reapply annually in order to maintain proper certification.

(4) A copy of the party's current certification must be available at each of its removal sites.

(5) Annual accreditation of supervisors and workers is required.

(6) Copies of accreditation for every supervisor and worker must be kept at each removal site.

(7) The Department may revoke certification of any party duly certified if the party repeatedly fails to comply with applicable rules and standards or fails to comply with any certification requirements.

(8) The requirements of this Rule become enforceable 120 days after the effective date.

Author: Ludwig C. Hoffmann III

Ala. Admin. Code r. 335-3-11-.05

Effective November 1, 1990. Amended: Filed March 23, 1995; effective April 27, 1995. Amended: Filed October 17, 1996; effective November 21, 1996.

Statutory Authority:Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8, 22-39-5.