Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Notice required.
The owner, or representative of the owner, of a steel
structure or the owner, or representative of the owner, of a painting facility
shall provide notice as described in items A and B at least ten working days
before the start of removal of lead paint from a total exterior surface area
greater than 500 square feet on one steel structure or on more than one steel
structure at one location during one calendar year. Stationary painting
facilities that have applied for an air quality permit as required by chapter
7007, permits and offsets rules, whose only emissions are due to paint removal
and repainting operations, are exempt from notification.
A. The owner, or representative of the owner,
must give written notice as required in subpart
2 to the adult residents of
buildings, and to the owner or administrator of any child care or school
buildings, within a distance to a single steel structure of 50 feet or twice
the height of the structure, whichever is greater, but not to exceed 500 feet.
Notification is required within 200 feet of a bridge portion. For multiple
storage structures at one location, this distance is equal to the sum of the
heights of individual structures from which lead paint is removed during one
year, not to exceed 200 feet. The owner, or representative of the owner, must
mail or deliver the notice to the owner or administrator of a child care or
school building. The owner, or representative of the owner, must mail, deliver,
or put on or under the door of each residence one notice for each single-family
building and one notice for each unit of a multiunit building.
If the owner, or representative of the owner, postpones the
beginning of paint removal more than five working days from the date stated in
the written notices required by this subpart, the owner, or representative of
the owner, shall redistribute each of the notices with the revised schedule for
paint removal within five working days of the original starting date.
B. The owner, or representative of
the owner, must mail, facsimile, or deliver written notice to the commissioner
as required in subpart
3. Any corrections to the
information provided in the notice shall be made in writing and received by the
commissioner no later than the date the change is initiated. However, a change
of the project starting date to an earlier starting date requires advance
notification of ten working days.
If the owner, or representative of the owner, postpones the
beginning of paint removal from the date stated in the original written notice,
the commissioner must be renotified before the original starting date of paint
removal by a supplemental notice with the revised schedule. The owner, or
representative of the owner, shall mail, facsimile, or deliver amended
notifications to the commissioner.
Subp. 2.
Contents of notice to
residents, administrator, and owner.
The notice required in subpart
1, item A, shall state that
lead paint is present on the structure, shall specify the days and the hours
during which paint removal is anticipated, and shall advise the owner or
administrator and the adult residents of buildings to prevent children under
the age of ten years from entering the outdoor area within 100 feet of the
structure or structures or bridge portion from the start of paint removal each
day until the completion of cleanup after paint removal.
If dry abrasive blasting or wet abrasive blasting is the
method of paint removal, the notice shall further advise the owner or
administrator and the adult residents of buildings within 100 feet of the
structure or structures or bridge portion, or within a distance equal to the
height of the structure, whichever is greater, to take the following actions
each day before paint removal begins:
A. close all doors, windows, and storm
windows on the walls that face the structure to be abrasive blasted and their
adjoining walls;
B. turn off all
air conditioning units that use outdoor air exchange on the walls that face the
structure and their adjoining walls, and tightly cover these units with
impermeable material; and
C. take
inside or remove from the exterior property all pets, pet houses, pet food and
water bowls, and all children's toys and play equipment, or cover the equipment
that cannot be moved.
Subp.
3.
Contents of notice to commissioner.
The notice required in subpart
1, item B, shall
include:
A. the type of steel
structure from which paint is to be removed and the address or location of the
structure or structures;
B. the
scheduled starting and completion days and times;
C. a copy of the painting records or paint
test results required by part
7025.0230;
D. the name, business address, and telephone
number of the contractor, the consultant, and the owner, and the name of one
contact person for each company and owner;
E. if the structure from which lead paint is
to be removed is either a bridge or a steel structure in part
7025.0370, item C, a description
of the bridge or structure that includes:
(1)
the number of total square feet of surface area from which paint will be
removed;
(2) the distance to the
property nearest the bridge or structure for each kind of property designated
in part
7025.0250 up to 500 feet;
and
(3) the class of pollution
control to be applied to each bridge portion or structure as required in parts
7025.0250 and
7025.0260 to
7025.0300; or
F. if the structure from which lead paint is
to be removed is either a storage structure or a steel structure in part
7025.0370, item A, a description
of the structure that includes:
(1) the
number of total square feet of surface area from which paint will be
removed;
(2) the calculation of
potential risk factor (RF) from part
7025.0310;
(3) the distance to the property nearest the
structure for each kind of property designated in the table in part
7025.0310 up to 500 feet;
and
(4) the class of pollution
control to be applied to the structure from the table in part
7025.0310;
G. a copy of the notice given to the adult
residents and to the owner or administrator in subparts
1 and
2, with a list of addresses,
within the distance required by subpart
1, that received
notification;
H. the paint removal
methods and the containment methods the owner or contractor will use to comply
with parts
7025.0260 to
7025.0300,
7025.0320 to
7025.0350, and
7025.0360 to
7025.0370;
I. the name and location of the waste
disposal site where the waste collected as required by parts
7025.0260 to
7025.0300,
7025.0320 to
7025.0350, and
7025.0360 to
7025.0370, and disposed of as
required by part
7025.0380, will be deposited; or a
description of the proposed disposition of waste materials that are not put in
a waste disposal site; or, if the waste generator is a hazardous waste facility
permitted by the MPCA, the EPA identification number of the facility;
and
J. any other information that
the commissioner may request to determine compliance with parts
7025.0200 to
7025.0380.
Any corrections to the information provided in the notice
shall be made in writing by a supplemental notice that the owner shall mail,
facsimile, or deliver to the commissioner.
