178 Neb. Admin. Code, ch. 22, § 007

Current through June 17, 2024
Section 178-22-007 - ASBESTOS PROJECT NOTIFICATION REQUIREMENTS

Before initiating any asbestos project, a business entity or individual must submit to the Department a written project notification on a form provided by the Department with all requested information and any required fee. A separate project notification is required for each structure where an asbestos project is performed, except when projects will be performed on or in identical multiple structures, and all of the work will be performed in a continuous manner, then only one project notice will be required. If the project is not planned, but is an emergency which results from a sudden, unexpected event, written notice is not required prior to project start, but written asbestos project notification with all requested information and any required fee must be provided to the Department within 48 hours of project start. All renovation or demolition work must be inspected for the presence of asbestos containing material prior to the beginning of work. If an inspection for asbestos containing material prior to beginning renovation or demolition was not done, then the discovery of asbestos containing material after work begins does not meet the sudden, unexpected event criteria for an emergency, and abatement of the asbestos containing material cannot be performed as an emergency project.

007.01(A)NOTIFICATION UPDATES. The Department must be notified of changes to information contained in the project notification or in an update within 24 hours of knowledge of such change and 24 hours prior to work being done on the project. Notice may be given by telephone 402-471-0386, electronically, or written letter. If the business entity wishes to have a verified record that such notice was given it must use certified mail, return receipt requested in submitting its written letter. An updated notice must be given for:
(i) A new start date for a project the Department must receive notification of the new starting date 24 hours before work on the project is begun;
(ii) A new work schedule for a project, either days, work shift, or both;
(iii) Typographical or clerical errors which would affect the Department's ability to perform an inspection of the project; or
(iv) Increasing the size of a project by adding a new location within a structure, such as adding work in a new room on the same floor as the original project or adding work on a different floor. Increasing the size of a project will not require a new project review fee unless the original project was too small to require a project review fee under this chapter and the total of all work done at the project site will now meet or exceed the size requirements for a project review fee set forth in this chapter.
007.02(B)WORK PRACTICE WAIVER. A licensee or exempt business entity may request a waiver of any of the individual requirements of this chapter for work practices or for approval of an alternative procedure for a work practice by submitting to the Department a complete waiver application form provided by the Department with the project notification. A licensee or exempt business entity may request a waiver of the ten day notification period by submitting a written request which includes the reasons for the request with a project notification. No work can be done on a project until the Department has either approved the waiver or ten days has passed.

178 Neb. Admin. Code, ch. 22, § 007

Amended effective 9/20/2023