34-44-34. Asbestos projects in progress--Temporary exemptions--Notice and application required--Denial of approval of project for noncompliance, etc.--Compliance with existing state and federal requirements.
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/sd/title-34/chapter-34-44/34-44-34A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any worker or asbestos contractor who is conducting an asbestos project in a school building or who has entered into a contract to conduct an asbestos project in a school building on or before the effective date of this chapter is exempt from the certification requirements of this chapter until thirty days after the rules promulgated by the board are filed with the secretary of state. However, the worker or asbestos contractor shall notify the department of any asbestos project in progress, apply for certification and comply with state rules in existence on January 1, 1988, promulgated under chapter 34A-1 pertaining to asbestos.
Any asbestos project done without notification, or if certification is ultimately denied, may be denied approval by the Governor as required in the Asbestos Hazardous Emergency Response Act of 1986.
Any worker or asbestos contractor who is conducting or who has entered into a contract to conduct an asbestos project other than in a school building on or before the effective date of this chapter is exempt from the certification requirements of this chapter until one hundred eighty days after the rules promulgated by the board are filed with the secretary of state. However, the worker or asbestos contractor shall comply with existing state rules promulgated under chapter 34A-1 pertaining to asbestos, and 29 C.F.R. 1910.134, 29 C.F.R. 1926.58, 40 C.F.R. 763.121 as in effect on January 29, 1988, and the United States Environmental Protection Agency publication entitled "Guidance for Controlling Asbestos-containing Materials in Buildings" (EPA 560/5-85-024, June 1985).