75-2-503. Rulemaking authority — issuance of permits
75-2-503. Rulemaking authority — issuance of permits. (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 federal law and include but are not limited to: (a) standards for […]
75-2-504. Facility permits
75-2-504. Facility permits. 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 facility to conduct asbestos projects within the confines of the facility’s […]
75-2-505. Small project review requirement
75-2-505. Small project review requirement. 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 feet but less than 260 […]
75-2-506. and 75-2-507 reserved
75-2-506 and 75-2-507 reserved.
75-2-508. Asbestos control account
75-2-508. Asbestos control account. (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 and operating the asbestos control […]
75-2-422. Amount of noncompliance penalty — late charge
75-2-422. Amount of noncompliance penalty — late charge. (1) The amount of the penalty that is assessed and collected with respect to any source under 75-2-421 through 75-2-429 must be equal to: (a) the amount determined in accordance with the rules adopted by the department, which must be no less than the economic value that a delay […]
75-2-423. Manner of making payment
75-2-423. Manner of making payment. (1) The assessed penalty required under 75-2-421 through 75-2-429 shall be paid in quarterly installments for the period of covered noncompliance. All quarterly payments, determined without regard to any adjustment or any subtraction under 75-2-422(1)(b), after the first payment shall be equal. (2) The first payment shall be due on the date […]
75-2-424. Adjustment of fee
75-2-424. Adjustment of fee. (1) The department shall adjust from time to time the amount of the penalty assessment calculated or the payment schedule proposed by such owner or operator under 75-2-425(2)(a) if the department finds after notice and opportunity for a hearing on the record that the penalty or schedule does not meet the requirements […]
75-2-425. Notice of noncompliance — challenge
75-2-425. Notice of noncompliance — challenge. (1) The department shall give a brief but reasonably specific notice of noncompliance to each person who owns or operates a source subject to 75-2-421(1) which is not in compliance as provided in that subsection, within 30 days after the department has discovered the noncompliance. (2) Each person to whom notice […]
75-2-426. Hearing on challenge
75-2-426. Hearing on challenge. (1) The board shall provide a hearing on the record and make a decision (including findings of fact and conclusions of law) not later than 90 days after the receipt of any petition under 75-2-425(2)(b) with respect to such source. (2) If the petition is denied, the petitioner shall submit the material required […]