Current through Register Vol. 56, No. 18, September 16, 2024
(a) It
shall be unlawful to undertake an asbestos hazard abatement project unless the
owner of the facility, or an authorized representative on behalf of the owner,
first files an application in writing with the enforcing agency and obtains the
required permit. This permit shall serve as notice for public record in the
office of the enforcing agency. All work shall be monitored and controlled by
the asbestos safety control monitor who will advise the enforcing agency of its
findings.
1. The enclosure of any amount of
asbestos-containing material used to cover pipes shall not require a permit for
asbestos abatement pursuant to this subchapter, but it may be considered
construction work.
2. A
construction permit shall be obtained when required by the enforcing agency
pursuant to N.J.A.C. 5:23-2.
(b) All asbestos abatement work shall be
conducted in unoccupied buildings, unless a written statement signed by the
asbestos safety control monitor denoting portions of the building that may be
occupied is filed as required by
5:23-8.19(c)8.
1. The asbestos safety control monitor shall
not be required to file such a written statement denoting the occupancy of the
building by maintenance personnel who are properly trained and/or security
personnel essential to the building operation.
2. The asbestos safety control monitor shall
not be required to file such written statement denoting occupied portions of
the building for a cleared area in a multi-phase project that has received a
Temporary Certificate of Occupancy from the enforcing agency when such
occupancy applies to contractors or related personnel involved with
post-abatement activity.
(c) The Department or a municipality
utilizing an asbestos safety control monitor which has been authorized by the
Department to enforce the Asbestos Hazard Abatement Subcode within its
jurisdiction shall be the sole enforcing agency for asbestos hazard abatement
work.
(d) The application for a
construction permit for asbestos abatement shall be subject to the following:
1. The application for a permit shall be
submitted in such form as the department may prescribe and shall be accompanied
by the required fee as provided for in this subchapter.
2. The application for a construction permit
for asbestos abatement shall be required to include the following:
i. The name, address and license number of
the asbestos contractor pursuant to N.J.A.C. 12:120 Asbestos Licenses and
Permits under the jurisdiction of the New Jersey Department of Labor;
ii. The asbestos hazard assessment, which
shall be prepared by the New Jersey Department of Health, or by a county or
local department of health or a private individual who has received
accreditation as an inspector under the United States Environmental Protection
Agency's Model Accreditation Program as referenced in 40 CFR 763. The
accreditation will be issued by an EPA-approved training agency, and that
accreditation will include the place of training, accreditation number and
expiration date. Accreditations are issued for one year. This assessment shall
be required unless the requirement for an assessment has been waived in writing
by the New Jersey Department of Health;
iii. The name and address of the private air
monitoring firm, hired by the building owner, who shall act as the asbestos
safety control monitor authorized by the New Jersey Department of Community
Affairs and shall be responsible for continuously monitoring the asbestos
abatement project;
iv. Four sets of
plans and specifications indicating: the scope of the proposed work; type and
percentage of the asbestos; the total amount of square and/or linear footage of
asbestos-containing material to be abated; the provisions proposed to contain
the asbestos-containing material during abatement work including, but not
limited to, separation barriers, critical barriers, and the route of travel for
removing asbestos waste from the work area; a copy of the site plan; and a
floor plan indicating exits. The approved plans and specifications shall be
distributed as follows: one set each to the construction official, asbestos
safety control monitor, building owner, and project site;
v. Documentation that all buildings will be
unoccupied at the time an asbestos abatement project takes place, except as
approved by the asbestos safety control monitor as delineated in
5:23-8.19;
vi. The name and address of the New Jersey
Department of Environmental Protection and Energy registered waste hauler and
of the New Jersey Department of Environmental Protection and Energy registered
landfill where asbestos waste will be deposited;
vii. The scheduled starting and completion
dates for the asbestos abatement project;
viii. The method of air analysis used
pursuant to
5:23-8.21
for determining the final clearance level in order to reoccupy the
building.
3. It shall be
the responsibility of the owner or his agent to file with the enforcing agency,
in the event of any change in (d)2i, iii and vi above. Such change shall be
filed as an amendment to the application and shall be forwarded to the
Department as set forth in (h) below. The replacement firm shall assume all
responsibilities for the asbestos abatement work to continue, while the
preceding firm still bears responsibility for its action.
(e) The issuance of a construction permit for
asbestos abatement shall be subject to the following:
1. Submission of a completed
application;
2. The described work
and containment measures shall conform to the requirements of this subchapter
and the requirements of any other applicable law or rule adopted or enforced by
any other State agency;
3. A
written release of the plans and specifications by the asbestos safety control
monitor.
4. Cursory plan review
shall be done by the enforcing agency to determine the need of replacement
material for maintaining the structural integrity of a building; if required, a
separate construction permit shall be issued by the enforcing agency. In
addition, a review shall be done to ensure that means of egress are maintained
in occupied buildings.
(f) The issuance of the construction permit
for asbestos abatement authorizes preparation of the work area. This initial
preparation of the work area shall be observed by the asbestos safety
technician to ensure compliance with this subchapter. No actual asbestos
abatement work shall commence until a pre-commencement inspection has been
conducted and approved by the asbestos safety technician.
(g) A permit, once issued, shall remain valid
only as long as all of the information contained in the application remains
correct and is adhered to. Any change shall require an amendment to the
application before the change takes place. Failure to adhere to these
requirements may result in a stop work order.
(h) The owner or his or her agent shall
notify the Department , in writing , within three business days of the issuance
of the construction permit for asbestos abatement, if the enforcing agency is a
municipal enforcing agency and not the Department. Such notice shall be
supplied in the form of a copy of the completed application for a construction
permit for asbestos abatement and a copy of the permit.
1. Notification shall be sent to
asbestos.notifications@dca.nj.gov or:
New Jersey Department of Community Affairs
Asbestos Safety Unit
PO Box 821
Trenton, New Jersey 08625-0821
(i) The owner or his or her agent shall
notify the following , in writing , as required in NESHAPS (40 CFR Part 61,
Subpart M):
1. Notification shall be sent to:
i.. U.S Environmental Protection Agency
Region II NESHAP
26 Federal Plaza, Room 1033
New York, New York 10278; and
ii. New Jersey Department of Community
Affairs by email at asbestos.notifications@dca.nj.gov or by mail to:
New Jersey Department of Community Affairs
Asbestos Safety Unit
PO Box 821
Trenton, New Jersey 08625-0821
