6 Colo. Code Regs. § 1014-3-2-3.0

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1014-3-2-3.0 - Interim Authorization

3.1 Persons who, as of the effective date of this Part 2 of these regulations, are performing assessment or decontamination activities subject to these regulations may continue to perform such activities, as long as they comply with the requirements of this section 3.

3.2 Any person who wishes to continue to perform assessment or decontamination activities subject to these regulations must submit an application for interim authorization to the Department within thirty (30) days after the effective date of this Part 2 of these regulations.

3.2.1 An application for interim authorization for a Consultant consists of the application fee specified in Section 17.0 ; documentation of compliance with the industrial hygienist qualifications set forth in § 24-30-1402, C.R.S.; documentation of the successful completion of U.S. Occupational Safety and Health Administration hazardous waste operations and emergency response (HAZWOPER) training, including the initial 40-hour HAZWOPER training and a current 8-hour HAZWOPER refresher training, compliant with 29 CFR 1910.120; and documentation of experience in methamphetamine lab assessment in Colorado, including at least one employment reference with contact information.

3.2.2 An application for interim authorization for a Decontamination Supervisor consists of the application fee specified in Section 17.0 ; documentation of the successful completion of HAZWOPER training, including the initial 40-hour HAZWOPER training and a current 8hour HAZWOPER refresher training, compliant with 29 CFR 1910.120; and documentation of experience in methamphetamine lab decontamination in Colorado, including at least one employment reference with contact information.

3.2.3 An application for interim authorization for a Decontamination Worker or Ventilation Contractor consists of the application fee specified in Section 17.0 and documentation of the successful completion of HAZWOPER training, including the initial 40-hour HAZWOPER training and a current 8-hour HAZWOPER refresher training, compliant with 29 CFR 1910.120.

3.2.4 An application for interim authorization for a Consultant firm consists of the fee specified in Section 17.0 and a letter signed by an authorized official attesting that:

3.2.4.1 the Consultant firm has been doing methamphetamine assessment work in Colorado (and providing at least one employment reference with contact information);

3.2.4.2 the Consultant firm will only utilize individuals who are compliant with the HAZWOPER training requirements described in 3.2.3 to conduct assessment and sampling of methamphetamine-affected properties; and

3.2.4.3 the Consultant firm and its employees will follow the assessment and sampling requirements specified in Part 1 of these regulations.

3.2.5 An application for interim authorization for a Contractor firm consists of the fee specified in Section 17.0 and a letter signed by an authorized official attesting that:

3.2.5.1 the Contractor firm has been doing methamphetamine decontamination work in Colorado (and providing at least one employment reference with contact information);

3.2.5.2 the Contractor firm will only utilize individuals who are compliant with the HAZWOPER training requirements described in 3.2.3 to conduct decontamination of methamphetamine-affected properties; and

3.2.5.3 the Contractor firm and its employees will follow the decontamination requirements specified in Part 1 of these regulations.

3.2.6 An application for interim authorization for a Ventilation Contractor firm consists of the fee specified in Section 17.0 and a letter signed by an authorized official attesting that:

3.2.6.1 the Ventilation Contractor firm has been doing methamphetamine decontamination work in Colorado (and providing at least one employment reference with contact information);

3.2.6.2 the Ventilation Contractor firm will only utilize individuals who are compliant with the HAZWOPER training requirements described in 3.2.3 to conduct decontamination of methamphetamine-affected properties; and

3.2.6.3 the Ventilation Contractor firm and its employees will follow the decontamination requirements specified in Part 1 of these regulations.

3.3 The Department shall review all applications for interim authorization, determine whether each one is complete, and shall promptly notify each applicant of its determination within fifteen (15) days of receipt of the application.

3.3.1 A determination by the Department that an application for interim authorization is complete does not constitute a determination of compliance with the requirements for certification or authorization under this Part 2.

3.3.2 Notwithstanding Section 3.3.1, in reviewing the application for interim authorization, the Department may choose to determine whether the applicant meets the requirements for certification or authorization under this Part 2. If the Department determines that the applicant does not meet the requirements for certification or authorization, it shall so notify the person. This determination need not be made within the 15-day period provided in this section.

3.4 Commencing forty-six (46) days after the effective date of this Part 2, only those persons who have received notice from the Department that their application for interim authorization is complete may conduct assessment or decontamination activities subject to these regulations.

3.5 Interim authorization under this Section 3 shall terminate 180 days after the effective date of this Part 2. After that date, only those persons who have obtained the appropriate certification or authorization under this Part 2 may continue to conduct activities subject to these regulations.

6 CCR 1014-3-2-3.0

37 CR 22, November 25, 2014, effective 12/15/2014