W. Va. Code R. § 64-45-3

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-45-3 - Definitions
3.1. Abatement. -- Any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to;
3.1.a. The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil;
3.1.b. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures;
3.1.c. Projects for which there is a written contract to permanently eliminate lead-based paint hazards from a dwelling unit or child-occupied building;
3.1.d. Projects involving the permanent elimination of lead-based paint or lead contaminated soil;
3.1.e. Projects involving the permanent elimination of lead-based paint hazards or lead contaminated soil that are conducted by persons who advertise or hold themselves out to conduct lead related activities; and
3.1.f. Projects involving the permanent elimination of lead-based paint hazards that are conducted in response to federal, state, or local abatement orders.
3.2. EPA. -- The United States environmental protection agency.
3.3. HEPA. -- High efficiency particulate air.
3.4. Lead abatement contractor. -- A person engaged by oral or written contract to perform a lead abatement project.
3.5. Lead-based paint. -- Paint or other surfacing coatings that contain lead at or in excess of 5000 parts per million, or 0.5% by weight, or 1.0 mgW.
3.6. Lead-contaminated dust. -- Surface dust containing lead at or in excess of 10 micrograms per square foot for floors, at or in excess of 100 micrograms per square foot for interior window sills, at or in excess of 100 micrograms per square foot for window troughs and exterior concrete or other rough surfaces.
3.7. Lead-contaminated soil. -- Soil containing lead at or in excess of 1200 parts per million, or 400 parts per million for bare, high-contact play areas.
3.8. Lead-contaminated waste. -- Any discarded materials with lead toxicity equal to or in excess of five parts per million as determined by tire total characteristic leachate procedure (TCLP).
3.9. License. -- A document audiorizing an individual to perform specific lead abatement activities.
3.10. Public building. -- Any building that is generally open to the public, including but not limited to museums, airport terminals, hospitals, stores, restaurants, convention centers and other office buildings, corporate facilities and government buildings that do not expressly prohibit access to the public.
3.11. Target Housing. -- Residential structures built prior to one thousand nine hundred seventy eight or residential structures that are confirmed by inspection to contain lead-based paint.
3.12. XRF analyzer. -- An instrument that determines lead concentration in milligrams per square centimeter (mg/cm) using the principle of x-ray fluorescence (XRF).

W. Va. Code R. § 64-45-3