W. Va. Code R. § 64-63-4

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-63-4 - Licensed Contractor Duties

4.1. Licensed asbestos contractors shall:

4.1.a. Ensure that each of the contractor's employees or agents who will come into contact with asbestos or who will be responsible for an asbestos abatement project is properly licensed;

4.1.b. Ensure that each asbestos abatement project is supervised on-site by a licensed asbestos supervisor;

4.1.c. Not begin an asbestos abatement without written documentation that all the requirements for notification and fees set forth in Section 10 of this rule have been met;

4.1.d. Not participate in an asbestos abatement project not designed by a licensed asbestos project designer;

4.1.e. Ensure that each asbestos abatement project takes place in a contained work area, where required by 29 CFR ' 1926.1101 or, where feasible, as determined by a licensed asbestos project designer;

4.1.f. Ensure that each contained work area is under a negative-pressure, HEPA-filtered exhaust system and meets the minimum clearance standard set forth in Section 6 of this rule before allowing reoccupancy;

4.1.g. Ensure that the asbestos clearance air monitor is provided with an accurate and precise written description of the location of any asbestos abatement project prior to the collection of any air samples;

4.1.h. Ensure that each contained work area is visually inspected prior to the clearance monitoring air to determine whether the asbestos abatement project has been properly completed;

4.1.i. Remove exterior asbestos-containing sidings, cementeous materials, and roofing materials intact with minimal breakage during an asbestos abatement project;

4.1.j. Not construct a mobile contained work area to remove large amounts of asbestos-containing materials to circumvent the minimum clearance standards set forth in this rule;

4.1.k. Use disposal sites which are in conformance with applicable federal, state and local laws, rules, and regulations;

4.1.l. Prepare a record of each asbestos abatement project as required by Sections 4.2 and 4.3 of this rule, and make the record available to the department, the division of environmental protection, and the division of labor of the bureau of commerce upon request; and

4.1.m. Keep the records required by Section 4.1.l of this rule at least thirty (30) years.

4.2. The record of each asbestos abatement project shall include:

4.2.a. The name, address and asbestos license number of all individuals who worked on the asbestos abatement project;

4.2.b. The location and a description of the asbestos abatement project, including the amount of asbestos material that was removed;

4.2.c. The starting and completion dates of each asbestos abatement project and a summary of the procedures that were used to comply with all federal and State standards;

4.2.d. The name and address of each site where waste containing asbestos was deposited, and the disposal site receipts; and

4.2.e. The results of the clearance air monitoring required by this rule for each contained work area within the asbestos abatement project.

4.3. Records of clearance air monitoring results shall include at a minimum the following:

4.3.a. The name and signature of any individual who collected the air samples required by this rule;

4.3.b. The locations where the samples were collected;

4.3.c. The date of collection;

4.3.d. The name and address of the laboratory which analyzed the samples;

4.3.e. The date of the analysis;

4.3.f. The results of the analysis;

4.3.g. The method of analysis;

4.3.h. The name and signature of the individual who performed the analysis; and

4.3.i. Proof that the laboratory meets the applicable requirements of this rule.

4.4. The contractor shall make the records required by this rule available to the director, upon request. Records for current projects shall be immediately available. For completed projects, the director 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 State agency.

W. Va. Code R. § 64-63-4