Current through Register Vol. XLI, No. 43, October 25, 2024
Section 64-45-5 - Licensed Lead Abatement Contractor Duties5.1. A licensed lead abatement contractor shall; 5.1.a. Ensure that each contractors' employees or agents who will come into contact with lead or who will be responsible for a lead abatement project is properly licensed;5.1.b. Ensure that each lead abatement project is supervised by an on-site licensed lead supervisor;5.1.c. Notify the division and all other entities as may be required by state or federal law at least 10 days prior to the commencement of each lead abatement project. Notification to the division shall be by certified mail or by hand-delivery to the division;5.1.d. Ensure that a lead abatement project is designed by a licensed lead abatement designer;5.1.e. Ensure that each lead abatement project meets the minimum clearance standards as set forth in section 11 of this rule;5.1.f. Ensure proper disposal of lead contaminated waste in accordance with applicable federal, state, and local laws, rules, and regulations;5.1.g. Keep a record of each lead abatement project. The records shall include;5.1.g.1. The name, address and lead abatement license number of the individual who supervised the lead abatement project and of each employee or agent who worked on the project; 5.1.g.2. The location and a description of the lead abatement project and the amount of lead material that was removed;5.1.g.3. The starting and completion dates of each lead abatement project and a summary of the procedures that were used to comply with all federal and state standards;5.1.g.4. The name and address of each disposal site where waste containing lead was deposited and the disposal site receipts. Contractors shall use disposal sites which are in conformance with applicable federal, state, and local laws and regulations; and5.1.g.5. The clearance sample results or air monitoring results required by section 11 of this rule for each lead abatement project. The records shall include; 5.1.g.5.A. The name and signature of the lead inspector who collected the clearance samples;5.1.g.5.B. Where the samples were collected;5.1.g.5.C. The date of collection;5.1.g.5.D. The name and address of all laboratories analyzing the samples;5.1.g.5.E. The date of analysis;5.1.g.5.F. The results of analysis;5.1.g.5.G. The method of analysis;5.1.g.5.H. The name and signature of the person performing the analysis; and 5.1.g.5.I. Certification that the laboratory is EPA certified to analyze lead samples.5.2. The records required by this section shall be available to the state agencies of the bureau for public health, division of natural resources, division of environmental protection, division of labor and air quality board upon request during normal business hours. Records for current projects shall be immediately available. For completed projects, the commissioner may afford the contractor a reasonable time to comply with the requests, depending upon the length of time since the project's completion and whether or not the advance notice might adversely affect an investigation being conducted by any of the agencies. Records required by this section shall be kept for at least three years.