Title 34, PUBLIC HEALTH AND SAFETY

Terms used in this chapter mean: (1) "Board," the Board of Minerals and Environment; (2) "Asbestos contractor," any person that undertakes an asbestos project, including inspections for asbestos - containing materials, prepares an asbestos management plan, or designs or carries o…

The department shall issue an asbestos abatement certificate to any asbestos contractor who: (1) Successfully completes an approved training course; (2) Demonstrates that each of his workers who works on or is directly responsible for an asbestos abatement project is certified un…

An asbestos contractor shall apply for a certification or renewal of a certification according to the procedures established by the board. Failure to obtain certification or renewal thereof is a Class 1 misdemeanor. Source: SL 1988, ch 284 , § 9.

The department may suspend or revoke, pursuant to chapter 1-26 , an asbestos abatement certificate issued to an asbestos contractor under § 34-44-10 if the asbestos contractor: (1) Fraudulently obtains or attempts to obtain a certificate; (2) Fails at any time to satisfy the qual…

No worker may work on an asbestos abatement project unless the person holds a certificate issued by the department. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per…

The department shall issue an asbestos abatement certificate to a worker who successfully completes an asbestos abatement training course approved by the department. Source: SL 1988, ch 284 , § 12.

If the department determines there is a need for a new category of workers or need to update the workers' training in order to meet new or changed conditions, the board may require the worker, as a condition of certificate renewal, to successfully complete an approved asbestos ab…

A worker or the facility owner or operator shall submit an application for an asbestos abatement certificate and renewal of a certificate according to procedures established by rule by the board. Source: SL 1988, ch 284 , § 14.

The department may suspend or revoke a certificate pursuant to chapter 1-26 if an asbestos contractor or worker fails to comply with any provisions of this chapter or with rules promulgated pursuant to chapter 34A-1 as they apply to asbestos projects. Source: SL 1988, ch 284 , § …

The department may approve in writing, on a case - by - case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the asbestos contractor or facility owner or operator submits a written description of the alterna…

The board shall promulgate rules pursuant to chapter 1-26 to provide for approval of courses that satisfy training requirements for asbestos contractors to meet in order to qualify for certification under this chapter. The board shall also by rule provide for mandatory courses th…

For the purpose of this chapter, "school building" includes any of the following: (1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food; (2) Any gymnasium …

The approval requirements established by the board under § 34-44-19 shall reflect the level of training that a course provider shall offer to satisfy the certification requirements under § 34-44-10 and the certification requirements under § 34-44-14 . Source: SL 1988, ch 284 , § …

In order to be approved under § 34-44-19 , a training course shall at least include material relating to: (1) The characteristics and uses of asbestos and the associated health hazards; (2) Local, state, and federal standards and laws relating to asbestos abatement work practices…

In addition to the requirements under § 34-44-21 , the person providing a training course for which approval is sought shall demonstrate the person's ability and proficiency to conduct the training to the department's satisfaction. Source: SL 1988, ch 284 , § 20; SL 2011, ch 165 …

Any person providing approved asbestos abatement training shall make available to the department for audit purposes, at no cost to the department, all course materials, records, and access to training sessions. Source: SL 1988, ch 284 , § 21.

Applications for approval and renewals of approval shall be submitted according to procedures established by the board through rules promulgated pursuant to chapter 1-26 . Source: SL 1988, ch 284 , § 22.

The department may suspend or revoke training course approval if the provider fails to meet and maintain any standard established by the board. Source: SL 1988, ch 284 , § 23.

The board shall promulgate rules pursuant to chapter 1-26 to establish provisions for reciprocity to allow a worker or asbestos contractor trained in another state to use such training to satisfy South Dakota certification requirements, if the department finds that the training r…

The board by rule promulgated pursuant to chapter 1-26 may adopt a fee schedule for those applying for certification not to exceed one hundred dollars for application for a new certification and not to exceed fifty dollars for a renewal of a certificate. The fees shall be paid to…

Any public agency requesting bids for a proposed asbestos project shall include as a bid requirement that any asbestos contractor providing a service be certified pursuant to this chapter. Source: SL 1988, ch 284 , § 27.

The board shall promulgate rules pursuant to chapter 1-26 to establish an asbestos abatement training program that assures the proper and safe abatement of asbestos hazards through asbestos contractor certification and worker certification. The rules shall specifically include, b…

The Department of Agriculture and Natural Resources shall be the agency responsible for coordinating asbestos hazard abatement and management activities for the state in order to assure compliance with state and federal laws. Source: SL 1988, ch 284 , § 28; SL 1991, ch 17 (Ex. Or…

The department may enter any asbestos abatement project during any time the asbestos contractor is conducting activity without notice or warrant for the purpose of inspections to determine compliance with this chapter. All records and documents necessary to determine compliance w…

Each county of the state shall be responsible for providing a disposal site for asbestos - containing materials which has been approved by the department. Such sites may include those made available through written agreements with other counties or subdivisions of government. Sou…

Persons who carry out action, as defined in the Asbestos Hazard Emergency Response Act of 1986 sections 203(f) and 204(c) are not required to be certified. Source: SL 1988, ch 284 , § 31.

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 thi…

In establishing the training requirements under § 34-44-3 , the board shall adopt appropriate training requirements that reflect the different levels of responsibility of the asbestos contractor or worker, so that within the category of asbestos contractor, sublevels shall be sep…

No asbestos contractor may work on an asbestos project unless the asbestos contractor holds a certificate issued by the department under § 34-44-10 . A violation of this section is a Class 1 misdemeanor. In addition any person who violates this section is subject to a civil penal…

The asbestos contractor carrying out an asbestos project is responsible for the safe and proper handling and delivery of waste that includes friable asbestos material to a landfill authorized to receive such waste. A violation of this section is a Class 1 misdemeanor. In addition…

An owner or operator of a facility containing asbestos shall allow only certified asbestos contractors to perform asbestos projects. Source: SL 1988, ch 284 , § 6.

An owner, operator, or person responsible for soliciting bids, proposals, or quotations for any project, as provided in this chapter unless such project work is exempt under applicable state and federal law, shall, as part of the bid document, specify whether the project does or …

Any facility owner or operator whose own employees renovate or demolish a facility may allow the employees to work on asbestos abatement projects only if the employees are under the direction of an asbestos contractor who complies with the training and certification requirements …

If asbestos abatement is a part of any project, neither the owner, employees or agents of the owner, nor any other person may have any claim, right, or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbesto…