454 CMR, § 28.09 - Notification of Asbestos Project

An Asbestos Contractor or operator of an Asbestos Abatement must notify the Director before engaging in any such work.

(1) Notification must be on forms jointly prescribed by the Director and the MassDEP.

(2) Notification must be electronically-filed, postmarked or hand-delivered at least ten working days before the project start date or, in the case of an Emergency Project, within one working day after the project start date.

(a) Notification must be cancelled, amended, edited and/or resubmitted if work dates change. Intermittent work notifications may be updated by email or phone to the Department as allowed under 310 CMR 7.15(6)(g)4.

(b) Asbestos Contractors who notify for a project and are found to be working during dates not covered by the notification are in violation.

(c) Asbestos Contractors who notify for a project and are found to NOT be working during dates covered by the notification are in violation.

(3) Fulfillment of the asbestos project notification requirements of the MassDEP through submission of a completed Notification Form ANF-001 (BWP AQ-04) with the appropriate fee where required, satisfies the notification requirements of 454 CMR 28.09.

(4) Fulfillment of the notification requirements of 454 CMR 28.09 shall not relieve the Asbestos Contractor, operator of the project or facility owner of the responsibility for making written notification as may be required by any other municipality, agency of the Commonwealth, or any agency of the federal government.

Notes

454 CMR, § 28.09

Adopted by Mass Register Issue 1440, eff. 4/2/2021. Amended by Mass Register Issue 1486, eff. 1/6/2023.