Arkansas Administrative Code

20 CAR § 130-1002. Individuals. No individual shall, through name or promotional literature, represent, advertise, bid, or hold themselves out to be in the business of performing lead-based paint activities, or conduct a project resulting in the permanent elimination of lead-base…

20 CAR § 130-1003. Contractors or consultants. No contractor or consultant shall through company name or promotional literature represent, advertise, bid, or hold themselves out to be in the business of performing lead-based paint activities, or conduct a project resulting in the…

20 CAR § 130-1004. Work practice standards. (a) No individual and/or contractor, consultant, or building owner of target housing or child-occupied facilities shall perform lead-based paint activities, or conduct a project resulting in the permanent elimination of lead-based paint…

20 CAR § 130-101. Generally. (a) Affected facilities, regulated activities, and purpose. (1) This part affects two (2) types of facilities: (A) Target housing; and (B) Child-occupied facilities. (2) This part addresses lead-based paint activities which include the following: (A) …

20 CAR § 130-201. Definitions. As used in this part: (1) “40 C.F.R.” means Title 40 of the Code of Federal Rules; (2)(A) “Abatement” means any measure or set of measures designed to permanently eliminate lead-based paint hazards. (B) “Abatement” includes, but is not limited to: (…

20 CAR § 130-301. Licensing. Lead-based paint training programs must be licensed by the Department of Health to offer or claim to offer lead-based paint activities courses or refresher courses in the state of Arkansas in any of the following disciplines: (1) Inspector; (2) Risk a…

20 CAR § 130-302. Application process. (a)(1) The application process for lead-based paint activities training provider license includes the following. (2) A written application submitted to the Department of Health must contain the following information: (A) The training program…

20 CAR § 130-303. Minimum training requirements. (a)(1) To become licensed, training programs must ensure that their courses of study for the various lead-based paint activities disciplines cover the following subject areas. (2) Listed requirements ending in an asterisk (*) indic…

20 CAR § 130-304. Minimum requirements for licensing lead-based paint activities refresher training programs. (a) A training program may seek to offer lead-based paint activities refresher courses in any of the following disciplines: (1) Inspector; (2) Risk assessor; (3) Supervis…

20 CAR § 130-305. Reaccreditation of training programs. (a)(1) Unless relicensed, a training program’s license (including refresher license) shall expire four (4) years after the date of issuance and/or upon failure to submit the applicable annual fees. (2) If a training program …

20 CAR § 130-306. Suspension, revocation, and/or modification of training programs. (a) The Department of Health may, after notice and opportunity for hearing, suspend, revoke, or modify the license of a training program (including a refresher training license) if a training prog…

20 CAR § 130-307. Training program record keeping requirements. (a) Licensed training programs shall maintain and make available to the United States Environmental Protection Agency and/or the Department of Health, if requested, the following records: (1) Official academic transc…

20 CAR § 130-308. Notification by training providers. (a)(1) The training manager must provide the Department of Health with written notification of all lead-based paint activities courses offered. (2) The notification: (A) Shall be on such forms and contain such information as t…

20 CAR § 130-401. Requirement for certification. (a)(1) Individuals must first apply to the Department of Health for certification to engage in lead-based paint activities pursuant to this part. (2) Following the submission of a complete application, including any applicable fees…

20 CAR § 130-402. Original certification — Inspector, supervisor, risk assessor. To become certified by the Department of Health as an inspector, risk assessor, or supervisor, pursuant to this section, an individual must complete an application demonstrating the following in addi…

20 CAR § 130-403. Certification exam. (a) All applicants for certification as an inspector, risk assessor, or supervisor must pass a certification examination one (1) time for each of these disciplines, unless they: (1) Received initial training before January 1, 1999; and (2) At…

20 CAR § 130-404. Original certification — Abatement worker and project designer. (a) To become certified by the Department of Health as an abatement worker, the applicant must demonstrate successful completion of a licensed worker training course, or a training course approved b…

20 CAR § 130-405. Reciprocity. Individuals seeking certification from the Department of Health based upon accreditation by the United States Environmental Protection Agency, or a United States Environmental Protection Agency-approved state or Indian Tribal program may submit the …

20 CAR § 130-406. Documents. The following documents shall be recognized by the Department of Health as evidence of meeting the requirements listed in this part: (1) Official academic transcripts or diploma, as evidence of meeting the education requirements; (2) Resumes, letters …

20 CAR § 130-407. Expiration. (a) After successfully completing the appropriate training courses and meeting any other qualifications described in this chapter, an individual shall be issued a certificate from the Department of Health. (b) To maintain certification, an individual…

20 CAR § 130-408. Recertification. (a) To maintain certification in a particular discipline, a certified individual shall apply to the Department of Health in that discipline for recertification prior to the last day of the twelfth month after training was received. (b) The indiv…

20 CAR § 130-409. Suspension, revocation, and modification of certification of individuals engaged in lead-based paint activities. The Department of Health may, after notice and opportunity for hearing, suspend, revoke, deny, or modify an individual's certification if an individu…

20 CAR § 130-410. Appeal. Any individual may request a hearing on any decision of the Director of the Department of Health to revoke, modify, or suspend a certification or a license pursuant to the requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-2…

20 CAR § 130-501. Licensing. (a) All contractors or consultants which perform or offer to perform any of the lead-based paint activities described in this part shall be licensed by the Department of Health. (b) A contractor or consultant seeking licensing shall submit to the depa…

20 CAR § 130-502. Suspension, revocation, and modification of licensing of firms engaged in lead-based paint activities. The Department of Health may, after notice and opportunity for hearing, suspend, revoke, deny, or modify a firm’s certification if a firm has: (1) Performed wo…

20 CAR § 130-503. Appeal. Any contractor or consultant may request a hearing on any decision of the Director of the Department of Health to revoke, modify, or suspend a certification or a license.

20 CAR § 130-601. Fees. (a) In order to support the costs of operating the lead program in the State of Arkansas, the Department of Health will assess the annual fees as described in this part. (b)(1) Any contractor desiring a license to conduct lead abatement activities will be …

20 CAR § 130-701. Notification. (a) For all projects involving lead-based paint abatement activities on target housing or child-occupied facilities, the building owner and/or the licensed lead-based paint contractor or consultant shall submit written notification on the notificat…

20 CAR § 130-702. Notification form. All written notifications shall be submitted on a form provided by the Department of Health and shall include the following: (1) Name, street address, contact person, and telephone number for the building owner; (2) Name, street address, conta…

20 CAR § 130-703. Waiver of notification. The Department of Health may waive the ten-day notification period if: (1) An emergency, as defined by this part, exists; and (2) The building owner and/or the lead-based paint contractor or lead-based paint consultant complies with the f…

20 CAR § 130-704. Notice of deficiency. (a)(1) The Department of Health shall review all notifications for accuracy and completeness and may return a deficient notification to the building owner and/or the lead-based paint contractor or consultant submitting the notification alon…

20 CAR § 130-705. Revision of notification. (a) A building owner and/or consultant or contractor who has already submitted a notification shall notify the Department of Health in writing no later than three (3) working days prior to the effective date of the notice of intent of a…

20 CAR § 130-801. Work practice standards. (a) All lead-based paint activities performed on target housing or child-occupied facilities must comply with the following work practice standards. (b) For purposes of this part, lead-based paint activities include: (1) Inspection; (2) …

20 CAR § 130-802. Inspection of target housing and child-occupied facilities for the presence of lead-based paint. (a) Inspection may only be performed by an individual meeting the following criteria: (1) Certified by the Department of Health as an inspector or risk assessor; and…

20 CAR § 130-803. Performance of a lead-hazard screen for the presence of lead-based paint on target housing or child-occupied facilities. (a) Lead-hazard screen may only be performed on target housing or child-occupied facilities by an individual who is: (1) Certified by the Dep…

20 CAR § 130-804. Performance of a risk assessment for the presence of lead-based paint and lead-based paint hazards on target housing or child-occupied facilities. (a) Risk assessments may only be performed on target housing or child-occupied facilities by an individual who is: …

20 CAR § 130-805. Abatement. (a) If conducted, abatements may only be performed on target housing or child-occupied facilities by an individual who is: (1) Certified by the Department of Health as a supervisor or a worker; and (2) Employed by a licensed lead-based paint abatement…

20 CAR § 130-806. Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this part shall be: (1) Collected by persons certified by the Department of Health as an inspector or risk assesso…

20 CAR § 130-807. Composite dust sampling. (a) Composite dust sampling may only be conducted in the situations specified in lead-hazard screens, risk assessments, and abatements as set forth 20 CAR §§ 20-130-803 – 130-805. (b) If such sampling is conducted, the following conditio…

20 CAR § 130-808. Determinations. (a) Lead-based paint is present: (1) On any surface that is tested and found to contain lead equal to or in excess of one milligrams per square centimeter (1.0 mg/sq. cm.) or equal to or in excess of five tenths percent (0.5 %) by weight; and (2)…

20 CAR § 130-809. Recordkeeping. (a) All reports or plans required in this part shall be maintained by the licensed firm or certified individual who prepared the report for no fewer than three (3) years. (b) The licensed firm or certified individual also shall provide copies of t…

20 CAR § 130-901. Violations. (a) The following, in addition to any violations set forth in any section contained within this part, shall be considered violations incurred by an individual conducting or offering to conduct lead-based paint activities as defined by this part on ta…

20 CAR § 130-902. Appeal. Any individual or firm subject to denial, revocation, modification, suspension, or other enforcement action by the Director of the Department of Health shall be afforded an opportunity for notice and hearing.

20 CAR § 130-903. Penalty assessment. (a) The Department of Health is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of, or compel compliance with, the provisions of the Arkansas …

20 CAR § 131-101. Purpose. To protect the environment and the health of the citizens of Arkansas by establishing acceptable criteria for various public health concerns.

20 CAR § 131-102. Definitions. As used in this part: (1) “Department” means the Department of Health or its authorized agent; (2) “Discharge” includes, but is not limited to, any: (A) Spilling; (B) Leaking; (C) Pumping; (D) Pouring; (E) Emitting; (F) Emptying; or (G) Dumping; (3)…

20 CAR § 131-103. Public health nuisance. It is prohibited for any person, firm, partnership, corporation, organization, association, municipality, county, or governmental agency to create, permit, maintain, or continue any public health nuisance.