Kan. Admin. Regs. § 28-50-8 - Asbestos project notification requirements
(a)
(1) Each licensee, state agency, or political
or taxing subdivision of the state that proposes to use its own employees to
engage in an asbestos-removal project, an asbestos-encapsulation project, an
asbestos-related dismantling project, or an asbestos-related demolition project
shall notify the department of this intent by submitting a properly completed
written notification in a manner that will reasonably assure its receipt at the
department's offices not later than 10 working days before the project is
intended to be started. This requirement shall apply to projects conducted in
occupied spaces as defined in K.A.R. 28-50-1(bb). Improperly completed
notifications may be returned for correction and required to be resubmitted in
accordance with the requirements of this subsection. For the purpose of this
regulation, "working days" means days other than Saturdays, Sundays, or legal
holidays.
(2) The 10-day
notification requirement may be waived by the department in emergency or other
situations if the written notification required by subsection (b) is received a
sufficient amount of time before initiation of the project to allow the
department to complete any proposal reviews or inspections that it considers to
be necessary. An emergency notification may be made verbally but shall be
verified in writing within one working day afterwards.
(b) The notification required by subsection
(a) of this regulation shall be submitted on forms provided by the department
and shall be accompanied by a check or money order for payment of the fee
prescribed by subsection (d) of this regulation, except as otherwise provided
by that subsection. The notification shall include the following information
and any additional information that is requested by the department in order to
determine the nature of the project and to identify any state and federal laws
or regulations that are applicable to it:
(1)
A description of the structure in which the activities will be carried out;
(2) the anticipated dates during
which the activities will be carried out;
(3) the anticipated amount and type of
friable asbestos-containing material that will be involved in the activity;
(4) a general description of the
work practices that will be followed, including containment and worker
protection measures that are proposed;
(5) a listing of the employees that will be
involved in the project or operation and information concerning whether or not
the employees have been certified in accordance with these regulations or have
received special asbestos-related work training; and
(6) the manner in which asbestos-containing
materials are to be disposed of.
(c) Each notification that is provided in
accordance with the requirements of subsections (a) and (b) of this regulation
and indicates that the activity for which the notification has been provided
will be, or is likely to be, carried out in violation of any of the
requirements of an asbestos-control regulation that pertains to the project
shall be considered to be an invalid notification. The person who submits the
notification shall be notified by the department of the nature of the
identified violation as quickly as practicable before the activity is scheduled
to start. A notification that has been revised to eliminate the identified
violation shall be submitted in accordance with the requirements of subsection
(a) of this regulation and shall be approved by the department before the
activity is initiated.
(d) Each
business entity that engages in an asbestos-removal project, an
asbestos-encapsulation project, an asbestos-related dismantling project, or an
asbestos-related demolition project that is required to be reported under this
regulation shall pay a project evaluation fee that has been calculated in
accordance with the following requirements:
(1) A baseline fee of $50 shall be paid for
each activity required to be individually reported under this regulation.
(2) An additional fee shall be
paid for each asbestos-removal project, asbestos-encapsulation project,
asbestos-related dismantling project, and asbestos-related demolition project
involving 260 lineal feet or more of friable asbestos-containing material that
is installed on a pipe surface or 160 square feet or more of friable
asbestos-containing material that is installed on the surface of any other type
of structural or equipment item. The additional fee shall be based upon the
amount of money proposed to be paid to the business entity for the completion
of all project-related activities that are subject to the requirements of these
regulations and shall be calculated as 0.5 percent of the amount of this
payment, except that the fee shall be rounded off to the nearest whole dollar
and shall not exceed $2,500. If the business entity is to be paid a lump sum to
cover the work done on facilities that are required to be reported on more than
one notification form, or a lump sum that will only be reasonably determinable
upon completion of one or more reportable activities, an alternate schedule
that will permit delayed payment of the fee established under this subsection
may be approved by the department.
(3) If the department agrees to waive the
normal 10-day notification period for other than emergency situations, under
provisions of subsection (a) of this regulation, the project evaluation fee
shall be two times the amount that is calculated in accordance with the
provisions of paragraphs (d)(1) and (d)(2) of this regulation.
(4) If the payment used to calculate the fees
established by paragraph (d)(2) of this regulation subsequently changes, the
department shall be immediately advised of the reason for, and the amount of,
this change. When the payment is proposed to be increased, the fee shall also
be increased in accordance with the provisions of paragraphs (d)(1) and (d)(2).
No portion of a fee that is initially paid shall be refunded if the payment to
the contractor has been reduced below the amount that was used to originally
calculate the fee.
Notes
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