34-44-1. Definitions. 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 out an asbestos abatement project; (3)”Department,” Department of Agriculture and Natural Resources; (4)”Trained worker,” any person who […]
34-44-10. Asbestos abatement certificate–Requirements for issuance to contractor. 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 under §§34-44-13 and 34-44-14 as appropriate; (3)Certifies that […]
34-44-11. Application for contractor’s certification or renewal–Failure to obtain as misdemeanor. 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.
34-44-12. Suspension or revocation of contractor’s certificate–Grounds. 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 qualifications for a certificate or to comply with […]
34-44-13. Worker to hold certificate–Violation as misdemeanor–Civil penalty. 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 […]
34-44-14. Issuance of worker certificate–Training course. 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.
34-44-15. Worker review course as condition of certificate renewal–When required. 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 […]
34-44-16. Procedure for submitting certificate and renewal application. 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.
34-44-17. Suspension or revocation of contractor’s or worker’s certificate. 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, […]
34-44-18. Approval of alternative procedure on case-by-case basis. 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 alternative procedure and demonstrates to the […]
34-44-19. Rules for approval of training courses–Approval required to offer training. 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 that […]
34-44-2. School building defined. 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 or other facility which is specially designed for […]
34-44-20. Training approval requirements. 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, §18.
34-44-21. Contents of training course. 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; (3)Methods to protect personal and public health from asbestos […]
34-44-22. Ability and proficiency of person providing training course to be demonstrated. 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, […]
34-44-23. Training course materials and records to be made available–Access to training sessions. 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.
34-44-24. Procedure for submitting approval and renewal applications. 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.
34-44-25. Suspension or revocation of training course approval. 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.
34-44-26. Rules for training reciprocity. 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 received in the other state would meet the […]
34-44-27. Rules adopting fee schedule–Amount of fees–Payment and deposit–Nonrefundability. 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 […]
