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Indiana Administrative Code (Last Updated: December 20, 2016) |
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Title 410. INDIANA STATE DEPARTMENT OF HEALTH |
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Article 410IAC32. LEAD-BASED PAINT PROGRAM |
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Rule 410IAC32-4. Work Practices for Abatement Activities |
Section 410IAC32-4-6. Lead abatement notification procedures
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(a) Each owner or operator of a lead abatement activity site to whom this rule applies shall do the following:
(1) Provide the department with written notice of intention to conduct an activity on a form or electronic submission format to be provided by the department and update the notice as necessary, including, but not limited to, the following:
(A) The project start date.
(B) The activity contractor.
(C) An indication of whether the notice is the original, a revised copy, or a canceled copy.
(D) The name, address, and telephone number of both the facility owner and operator and the lead abatement contractor owner or operator.
(2) Postmark, hand deliver, or electronically submit the notice as follows:
(A) At least two (2) working days before a lead-based paint activity, including:
(i) abatement;
(ii) repair;
(iii) removal; or
(iv) soil removal or encapsulation;
that results in the disturbance of lead-based paint.
(B) If the activity is an emergency abatement operation, notice shall be given as early as possible but not later than the following working day after the activity is started.
(C) Delivery of the notice by the United States postal service, facsimile, commercial delivery service, electronic submission, or hand delivery is acceptable. If the notice is being updated, a copy of the previous notification being updated shall be attached to the new, revised notification.
(D) Include any of the following types of operations in the notification:
(i) Wet or dry stripping.
(ii) Encapsulation.
(iii) Enclosure.
(iv) Emergency abatement.
(v) Soil removal.
(vi) Interior abatement.
(vii) Exterior abatement.
(E) A description of the facility or affected part of the facility, including the following:
(i) Size in square feet.
(ii) Number of floors.
(iii) Age.
(iv) Present and prior use of the facility.
(F) Procedure, including analytical methods, employed to detect the presence and amount of lead-based paint.
(G) An estimate the approximate amount of lead-based paint to be removed in the facility in terms of linear feet or square feet on facility components.
(H) Location and street address, including:
(i) building number, building name, and floor or room number location, if available;
(ii) city;
(iii) county; and
(iv) state;
where the activity is to take place.
(I) Scheduled starting abatement removal date and completion dates as indicated by the posting and removal of lead-based paint hazard demarcations in the work area.
(J) A description of planned activity work to be performed and methods to be employed, including techniques to be used and a description of the affected facility components.
(K) A description of work practices and engineering controls to be used to comply with this rule, including lead removal.
(L) A description of procedures to be followed in the event that unexpected lead-based paint becomes a lead-based paint hazard and warrants immediate action.
(M) A signed certification from the owner or operator of the facility that the information provided in this notification is correct and that only Indiana licensed workers and project supervisors will be used to implement lead abatement activity.
(N) For lead-based paint activities, the name, address, telephone number, and license number issued to the following, if applicable:
(i) The person who inspected the facility for lead-based paint.
(ii) The person who will conduct risk assessment lead abatement activities.
(iii) The contractor who will conduct lead abatement activities.
(O) For emergency lead abatement activities, the date and hour that the emergency occurred, including a description and an explanation of how the event causes a lead-based paint hazard and warrants immediate action.
(P) The name, address, and telephone number of the waste transporter.
(3) When the lead abatement activity will begin:
(A) on a date after the date specified in the original or the most recent revised notification, provide written notice of the new stripping or removal start date to the department postmarked at least two (2) working days or delivered at least one (1) working day before the start date of the lead abatement activity specified in the notification that is being updated; or
(B) on a date earlier than the date specified in the original or the most recent revised notification, provide written notice of the new activity start date to the department postmarked or delivered at least two (2) working days before the start date of the lead abatement activity begins.
(b) In no event shall lead abatement activities begin on a date other than the date contained in the most recent written notification. (Indiana State Department of Health; 410 IAC 32-4-6; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1458; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 485; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-4-6) to the Indiana State Department of Health (410 IAC 32-4-6) by P.L.57-2009, SECTION 17, effective July 1, 2009.