A.
Initial
notification procedure. Any person, owner or operator intending to
engage in a lead abatement project at a residential dwelling unit or
child-occupied facility must submit a written notification to the Department at
least five (5) working days prior to commencement of the abatement project,
including set-up or on-site preparation activities. Delivery of the notice by
U.S. Postal Service, commercial delivery service, hand delivery, e-mail or
other methods as approved by the Department is acceptable.
Note: Section
6(B) requires the
lead abatement contractor to ensure that the notification is received by the
Department; it is the responsibility of the contractor to retain record of
delivery to demonstrate it has met this requirement.
B.
Notification information. The
following information must be included in full on a Department approved
notification form:
(1) A clear statement of
whether the notification is the original or a revised notification;
(2) The name, address, and telephone number
of the following:
(a) The owner;
and
(b) The operator of the lead
abatement activity.
(3) A
listing of abatement methods for interior or exterior project(s) that will be
utilized (e.g., complete paint removal, component removal, encapsulation,
window removal, soil abatement);
(4) The facility address, including building
name (if applicable), number, and floor, unit, or room number of the work area
in which the lead abatement activity will take place;
Note: A separate project code
in the written notification is required for each unit within the multi-family
dwelling unit.
(5) Scheduled
starting and ending dates of the lead abatement activities (encompassing
set-up, abatement, and clearance dates);
(6) Scheduled lead abatement project work
hours for each lead abatement project by dwelling unit, if applicable,
including planned shift work. A weekly updated schedule for each lead abatement
project by dwelling unit, if applicable, shall be emailed to the Department
each Monday morning until the lead abatement project is complete;
(7) The name and Maine certification number
of the design consultant or project supervisor who prepared the occupant
protection plan, and if applicable, the name and Maine certification number of
the design consultant who prepared the project design; and
(8) The name and location of the licensed
waste disposal site(s) at which the lead-based paint wastes will be
disposed.
C.
Notification revision procedure. Any person, owner or operator
intending to engage in a lead abatement project at a residential dwelling unit
or child-occupied facility must submit notification of changes from the initial
notification as follows:
(1) If the activity
will begin on a date earlier than the original start date, the person, or
operator must submit to the Department a new or revised notification that meets
the requirements of this Section, including ensuring notification is received
by the Department at least five working days prior to commencement of abatement
activities. Approved methods of communication such as e-mail delivery of a
written notification revision is also acceptable.
(2) If the activity will begin later, or end
earlier or later, than the dates set forth in the original notification, the
person, or operator must notify the Department by U.S. Postal Service,
commercial delivery service, hand delivery, e-mail or other method approved by
the Department of the new start or end date as soon as possible before, but not
later than 24 hours prior to, the original start or end date, as
applicable.
(3) If the activity
will not occur on any of the dates set forth in the original or most recent
notification revision, the operator must notify the Department no later than 24
hours prior to the start date in the original or most recent notification
revision.
(4) Notification
Timeframe Waiver. Notification for lead abatement for which the Department
approves a notification period less than that required in Section
2(A) of this Chapter
must be received by the Department as soon as possible, but no later than 24
hours prior to commencement of the lead abatement project, including set-up or
on-site preparation activities. Delivery of the notification by U.S. Postal
Service, commercial delivery service, hand delivery, e-mail, or other method as
approved by the Department is acceptable. To be eligible for this provision,
the person, or operator must demonstrate that reasonable planning and foresight
could not have predicted the circumstances that rendered the notification
procedure outlined in these rules insufficient to protect public health and the
environment had it been properly executed. Examples include, but are not
limited to, a public health threat exists or will develop if the project is not
initiated within a very limited timeframe.
A work practice waiver not previously requested while
conducting a lead abatement activity necessitated by an unforeseeable
circumstance.
