Current through Register Vol. 56, No. 18, September 16, 2024
(a) An
inspector/risk assessor shall fulfill the requirements as described in (b) and
(c) below only if any of these conditions exist:
1. A site to be remediated contains bare play
areas which are designated play areas or which contain children's play
equipment or which areas are commonly used and known to be used by children as
play areas;
2. Lead based paint is
known or suspected to be on a building exterior and is known or suspected to be
a health hazard or source of interior contamination;
3. Soil is known or suspected from prior
usage to be contaminated with lead; or
4. The owner requests soil testing.
(b) The inspector/risk assessor
shall recommend a soil sampling strategy of at least the following:
1. For a residential yard or playground, a
composite sample of no more than 10 sub-samples of bare play areas if there are
such areas;
2. A composite sample
of no more than 10 sub-samples for a residential, daycare or school building
along the building drip line;
3. A
sample method to collect the top one-half inch of soil from areas to be
sampled, and to include, but not oversample, paint chips or other contaminated
debris in the soil; and
4. For
sites other than residential, daycare or school uses, the inspector/risk
assessor shall work with the owner to recommend an appropriate
strategy.
(c) After
receiving results of the sampling in (b) above from a qualified NLLAP certified
laboratory or an equivalent independent national accreditation program, the
inspector/risk assessor shall recommend at least the following interim controls
or permanent abatement strategy:
1. Any areas
testing more than or equal to 5,000 [mu] g/g lead shall be permanently abated
by a method such as soil removal or paving; however, this requirement shall not
supersede any Federal or State regulation which applies to any designated waste
site or industrial area;
2. Any
area expected to be used by children testing between 2,000 [mu] g/g and 5,000
[mu] g/g shall be permanently abated by a method such as paving over or soil
removal. Areas where contact by children is unlikely may be treated with
interim controls; and
3. Any area
expected to be used by children testing between 400 [mu] g/g and 2,000 [mu] g/g
shall be permanently abated as noted in (c)1 or 2 above, or may be subjected to
interim controls.
i. Interim controls may
include a change in usage pattern by moving play equipment, walkways or the
like and planting thorny bushes or other ground cover, or installing fencing or
other barriers to prevent use of contaminated areas.
ii. In low traffic areas, live ground cover,
such as grass or shrubbery, or other cover such as clean soil, bark, or gravel
may be used as an interim control. Clean soil or other cover shall be at least
six inches in depth and shall be shown to contain not more than 200 [mu] g/g of
lead.
iii. A plan for interim
controls shall include a maintenance schedule to monitor use and to ensure that
plantings and installations remain in place.
(d) After receiving results of the sampling
in (b) above from a qualified NLLAP certified laboratory or an equivalent
independent national accreditation program, the inspector/risk assessor shall
recommend interim controls or permanent abatement, at the site of residential
buildings or other child occupied facilities, so that:
1. The arithmetic mean of children's bare
soil play areas shall be less than 400 [mu] g/g of lead when composites are
analyzed;
2. The arithmetic mean of
all other bare soil areas shall be less than 1,200 [mu] g/g of lead when
composites are analyzed; and
3. Any
soil removed pursuant to (d)1 or 2 above shall not be used as topsoil at any
residential site or at the site of any child occupied facility.
