Forwarding WTC air monitoring scope for final review, Aug 2002

NYC 9/11 Public Portal Document

§763.95 40 CFR Ch. I (7-1-00 Edition) the local education agency shall record (1) Friable ACBM that was responded the name of each person performing to by a means other than removal. the surveillance, the date of the sur­ (2) ACBM for which no response ac­ veillance, and any changes in the con­ tion was carried out. ditions of the materials. (b) All labels shall be prominently (e) For each time that cleaning under displayed in readily visible locations § 763.91(c) is performed, the local edu­ and shall remain posted until the cation agency shall record the name of ACBM that is labeled is removed. each person performing the cleaning, (c) The warning label shall read, in the date of such cleaning, the locations print which is readily visible because cleaned, and the methods used to per­ of large size or bright color, as follows: form such cleaning. CAUTION: ASBESTOS. HAZARDOUS. (f) For each time that operations and DO NOT DISTURB WITHOUT PROPER maintenance activities under § 763.91(d) TRAINING AND EQUIPMENT. are performed, the local education agency shall record the name of each person performing the activity, the § 763.97 Compliance and enforcement. start and completion dates of the ac­ (a) CompUatice with Title II of the Act. tivity, the locations where such activ­ (1) Section 207(a) of Title II of the Act ity occurred, a description of the activ­ (15 U.S.C. 2647) makes it unlawful for ity including preventive measures any local education agency to: used, and if ACBM is removed, the (i) Fail to conduct Inspections pursu­ name and location of storage or dis­ ant to section 203(b) of Title II of the posal site of the ACM. Act. including failure to follow proce­ (g) For each time that major asbestos dures and failure to use accredited per­ activity under § 763.91(e) is performed, sonnel and laboratories. the local education agency shall pro­ (11) Knowingly submit false informa­ vide the name and signature. State of tion to the Governor regarding any in­ accreditation, and if applicable, the ac­ spection pursuant to regulations under creditation number of each person per­ section 203(1) of Title II of the Act. forming the activity, the start and (ill) Fall to develop a management completion dates of the activity, the plan pursuant to regulations under sec­ locations where such activity occurred, tion 203(1) of Title II of the Act. a description of the activity including preventive measures used, and if ACBM (2) Section 207(a) of Title II of the is removed, the name and location of Act (15 U.S.C. 2647) also provides that storage or disposal site of the ACM. any local education agency which vio­ lates any provision of section 207 shall (h) For each fiber release episode be liable for a civil penalty of not more under §763.91(f), the local education them $5,000 for each day during which agency shall provide the date and loca­ the violation continues. For the pur­ tion of the episode, the method of re­ poses of this subpart, a “violation” pair, preventive measures or response means a failure to comply with respect action taken, the name of each person to a single school building. performing the work, and if ACBM is removed, the name and location of (b) Compliance with Title I of the Act. storage or disposal site of the ACM. (1) Section 15(1) (D) of Title I of the Act (15 U.S.C. 2614) makes it unlawful for (Approved by the Office of Management and tiny person to fall or refuse to comply Budget under control number 2070-0091) with any requirement of Title II or any rule promulgated or order issued under §763.98 Warning labels. Title II. Therefore, any person who vio­ (a) The local education agency shall lates tiny requirement of this subpart attach a warning label immediately ad­ is in violation of section 15 of Title I of jacent to any friable and nonfriable the Act. ACBM and suspected ACBM assumed to (2) Section 15(3) of Title I of the Act be ACM located in routine mainte­ (15 U.S.C. 2614) makes it unlawful for nance areas (such as boiler rooms) at any person to fall or refuse to establish each school building. This shall in­ or maintain records, submit reports, clude: notices or other information, or permit

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