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Asbestos Survey Temporary Rulemaking

SB 705 Asbestos Survey 2015 Temporary Rulemaking

The Department of Environmental Quality (DEQ) is proposing rules under the legislature’s direction as expressed in Senate Bill 705 (2015).

asbestosDEQ proposes rule changes that will require an owner of a residential building or a person proposing a demolition of a residential building to have an accredited inspector perform an asbestos survey before
demolishing that building. In addition, the proposed rule changes require the owner of the residential building or the person performing a demolition of a residential building to submit to DEQ, upon DEQ’s request, a copy of the asbestos survey report.

The proposed rule changes offer three exemptions to the pre-demolition survey requirement. First, if the residential building was built after Jan. 1, 2004, no pre-demolition survey is required. Second, if all of the material in the subject residential building is managed as asbestos-containing material, no pre-demolition survey is required. And third, DEQ may approve, on a case-by-case basis, a written request to waive the pre-demolition survey requirement. The written request must include supporting documentation that demonstrates, to DEQ’s satisfaction, that a survey is not required. Under this exemption, no demolition may occur until DEQ has approved, in writing, the request for a pre-demolition survey waiver.

Background

DEQ proposes these rule changes because demolitions of residential buildings with unidentified asbestos-containing materials present an imminent risk to human health and the environment. These proposed rule changes facilitate and require the identification of asbestos-containing materials in residential buildings prior to demolition, thereby reducing the risk of the public’s exposure to harmful asbestos fibers.

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