Title 75, Title 75

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Accreditation" means a certificate issued by the department that permits a person to work in an asbestos-related occupation. (2) "Asbestos" means asbestiform varieties of chrysotile…

(1) The department shall, subject to the provisions of 75-2-207, adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with fed…

The department shall provide by rule a procedure for the issuance of an annual asbestos project permit to any facility that has an asbestos health and safety program meeting department criteria and that continuously employs accredited asbestos workers. This permit allows a facili…

The department shall review a permit application within 5 working days of receipt of a complete application and an appropriate fee for an asbestos project that: (1) involves more than 10 square feet but less than 160 square feet in surface area; (2) involves more than 3 linear fe…

(1) There is an asbestos control account in the state special revenue fund. There must be deposited in the account all money received from fees collected under this part. (2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing…

(1) To qualify for accreditation in a particular asbestos-related occupation, a person must: (a) (i) successfully complete an asbestos-related training course for that occupation approved by the department or the United States environmental protection agency; and (ii) pass an exa…

A person engaged in an asbestos project shall maintain the records required by department rule concerning the nature of project activities.

(1) (a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation co…

(1) The department may deny, suspend, or revoke the accreditation of a person that: (a) fraudulently or deceptively obtains or attempts to obtain accreditation; (b) fails to meet the qualifications for accreditation or fails to comply with the requirements of this part, a rule ad…

(1) A person convicted of purposely or knowingly violating any provision of this part, a rule adopted under this part, or a permit or order issued under this part is guilty of a misdemeanor. (2) A prosecution under this section is not a bar to enforcement by injunction or other a…

The department may institute and maintain in the name of the state, actions for injunctive relief, as provided in Title 27, chapter 19, to: (1) immediately restrain a person from engaging in an unauthorized activity that is endangering or causing damage to public health or the en…

(1) (a) At any reasonable time and upon presentation of credentials, an employee or agent of the department may enter upon and inspect any place at which: (i) an asbestos project is being conducted; (ii) asbestos-containing material from an asbestos project is stored; or (iii) re…

The department may issue a cleanup order to any person that has deposited asbestos-containing material or that has disturbed asbestos-containing material or that owns any property where the asbestos-containing material is located when the material poses an immediate threat to pub…