342P-7 Noise, radiation, and indoor air quality special fund; established.
§342P-7 Noise, radiation, and indoor air quality special fund; established. (a) There is established within the department of health a noise, radiation, and indoor air quality special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and review, pursuant to sections 342F-14, 342P-28, 466J-4, and […]
342P-8 Asbestos and lead abatement special fund.
§342P-8 Asbestos and lead abatement special fund. (a) There is established within the department of health an asbestos and lead abatement special fund into which shall be deposited all moneys collected from fees for permits, licenses, inspections, certificates, notifications, variances, investigations, and reviews. (b) Moneys in the asbestos and lead abatement special fund shall be […]
342P-20 Civil penalties.
§342P-20 Civil penalties. (a) Any person who violates this chapter, any rule adopted by the department under this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken […]
342P-21 Administrative penalties.
§342P-21 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20. (b) Factors to be considered in imposing an administrative penalty shall include: (1) The nature and history of the violation […]
342P-22 Negligent violations.
§342P-22 Negligent violations. Any person who negligently violates this chapter or any rule adopted by the department pursuant to this chapter, or any condition in a permit or variance issued under this chapter, shall be fined not less than $2,500 nor more than $25,000 per day for each violation or imprisoned for not more than […]
342P-23 Criminal penalties.
§342P-23 Criminal penalties. Any person who knowingly violates this chapter or any condition in a permit or variance issued under this chapter, shall be fined not less than $5,000 nor more than $50,000 per day for each violation or imprisoned for not more than three years, or both. If a conviction of a person is […]
342P-1 Definitions.
§342P-1 Definitions. As used in this chapter, unless the context otherwise requires: “Abatement” means any measure or set of measures designed to permanently eliminate asbestos or lead-based paint hazards, including but not limited to removal, enclosure, encapsulation, or disposal. “Asbestos” means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite. […]
342P-2 Administration.
§342P-2 Administration. The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1991, c 219, pt of […]
342P-3 Duties, rules, powers, appointment of hearings officers.
§342P-3 Duties, rules, powers, appointment of hearings officers. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall provide for the review of asbestos and lead abatement plans and the inspection of abatement projects within the State. (b) The director may make, amend, and repeal state […]