Current through Register Vol. 39, No. 6, September 16, 2024
(a) No person
shall conduct abatement without an abatement permit issued by the Program,
except as provided for in
G.S.
130A-453.09(c). All
abatement activities shall be conducted by a certified firm.
(b) All applications shall be made in writing
on a form provided or approved by the Program. The application shall include at
least all of the following:
(1) name,
address, contact name, and telephone number of the owner and operator of the
target housing or child occupied facility;
(2) name, certification number, address,
contact name, and telephone number of the certified firm;
(3) name, certification number, address, and
telephone number of the inspector and risk assessor;
(4) name, certification number, address, and
telephone number of the project designer;
(5) location and street address, including
building number or name and floor or room number, city, county, and state, of
the building where the abatement is taking place;
(6) scheduled start and completion dates of
lead-based paint abatement work including preparation work and
cleanup;
(7) work schedule,
including days of the week and hours to be worked;
(8) amount of material to be
abated;
(9) method(s) of
abatement;
(10) non-hazardous waste
transporter, address, contact name, and telephone number;
(11) non-hazardous waste disposal site,
address, contact name, and telephone number;
(12) hazardous waste transporter, address,
contact name, and telephone number;
(13) hazardous waste disposal site, address,
contact name, and telephone number;
(14) for ordered abatements, the name, title,
and authority of the State or local government representative who has ordered
the abatement, the date that the order was issued, and the date the abatement
was ordered to begin;
(15) for
emergency abatements, a description of the nature of the emergency and an
explanation of how failure to correct the situation would cause a lead-based
paint hazard;
(16) contract price
for the abatement; and
(17) the
name of the representative of the certified firm, address, original signature,
and date.
(c)
Applications for lead abatement permits shall be postmarked or received by the
Program at least 10 working days prior to the scheduled abatement start date.
For emergency lead abatement activities, the Program will take action
immediately. Applications for emergency lead-based paint abatement activities
shall be submitted along with a letter from the owner or the certified risk
assessor explaining the nature of the emergency.
(d) Application for revision to an issued
lead abatement permit shall be made by the applicant in writing on a form
provided or approved by the Program and shall be received by the Program in
accordance with the following:
(1) Revision to
a start date for a project that will begin after the start date stated in the
approved permit shall be received on or before the previously stated start date
or previously revised start date;
(2) Revision to a start date for a project
that will begin before the start date stated in the approved permit or
subsequent revisions shall be received at least 10 working days before the new
start date;
(3) Revision to a
completion date that will be extended beyond the completion date stated in the
approved permit shall be received by the original completion date or previously
revised completion date;
(4)
Revision to a completion date that will be earlier than the completion date
stated in the approved permit or subsequent revision shall be received by the
new completion date; and
(5)
Revision to permits other than start or completion dates shall be submitted to
the Program prior to initiating the activity which the revision
addresses.
(e) The
following shall be maintained on site during abatement activities and be
immediately available for review by the Program:
(1) a copy of the abatement permit issued by
the Program and all revisions with the Program's confirmation of
receipt;
(2) photo identification
cards issued by the Program for all personnel performing lead abatement
activities;
(3) the occupant
protection plan; and
(4) any
applicable abatement design, risk assessment and inspection reports.
(f) All permitted abatement
activities shall be conducted in accordance with Rule .0807 of this
Section.
(g) A certified supervisor
shall be on-site at all times when permitted abatement activities are being
conducted.
(h) In accordance with
G.S.
130A-23, the Program may suspend or revoke
the permit for any violation of G.S. 130A, Article 19A or these Rules. The
Program may also revoke the permit upon a finding that its issuance was based
upon incorrect information or misrepresentations that materially affected the
decision to issue the permit. Notwithstanding permit revocation for violation
of the rules of this Section, a lead-based paint abatement permit shall also be
subject to revocation if the abatement activities are in violation of the
following provisions with regard to lead-based paint abatement, as determined
by the agencies which administer these Rules:
(1) Department of Labor Rules found at
Chapter 7, Title 13 of the North Carolina Administrative Code;
(2) Department of Transportation Rules found
at Title 19A, of the North Carolina Administrative Code;
(3) Solid Waste Management Rules found at
Chapter 13, Title 15A of the North Carolina Administrative Code; and
(4) NC Childhood Lead Poisoning Prevention
Program requirements found at G.S. 130A, Article 5, Part 4.
Authority
G.S.
130A-453.09;
130A-453.11;
150B-21.1(a)(3);
Eff. July 1, 1998;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 16,
2019.
