N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 56-3.4 - Notice and recordkeeping requirements

(a) Recordkeeping.

(1) Detail. Every asbestos contractor shall maintain for at least 30 years, a record of each asbestos project in which the asbestos contractor engages. Such record shall include the following information: Exception. Non-abatement asbestos contractors shall maintain for at least 30 years, a record of the following applicable project information for each asbestos project, if it relates to their portion of the asbestos project:

(i) the name, address, social security number and asbestos certificate number of the person who supervised the asbestos project;

(ii) the location and description of the asbestos project;

(iii) the amount of asbestos or asbestos material that was removed, enclosed, encapsulated, repaired, disturbed or handled;

(iv) the commencement and completion date of the asbestos project;

(v) the name, asbestos handling license number, and address of the air sampling asbestos contractor that was used on the project;

(vi) the name, address and current NYS ELAP registration number, of the laboratory that was used for air sample analysis on the project;

(vii) the name, asbestos handling license number, and address of the project monitoring asbestos contractor that was used on the project;

(viii) the name and address of the deposit or waste disposal site or sites where the asbestos waste material was deposited or disposed;

(ix) the name and address of any sites that were used for the interim storage of asbestos or asbestos waste materials prior to final deposit or disposal;

(x) the name and address of any transporters that were used to transport asbestos or asbestos material;

(xi) the name, address, social security number and asbestos license or certificate number of all persons who were engaged on that portion of the asbestos project for which the asbestos contractor has responsibility;

(xii) a copy of the asbestos abatement supervisor's daily project log;

(xiii) any other information that the commissioner may require, on a form and according to instructions provided by the commissioner.

(2) Project record.

(i) At all sites where there is an active project, a project record shall be required. The project record shall be available on-site with the building/structure owner or his designated representative, and shall include the following:

(a) copies of licenses of all entities involved with the project;

(b) copies of all supervisors and handler certificates;

(c) copies of notifications and amendments;

(d) copies of all variances, amendments and re-openings being used for the project;

(e) a copy of the air sample log if the air sampling technician is on site. If the air sampling technician is not on site, a copy of the air sample log shall be supplied within 24 hours of the request to produce a copy thereof;

(f) a copy of all air sampling results, including method of analysis, by date for the entire asbestos project, organized by regulated abatement work area;

(g) a copy of the project monitor's daily logs during abatement (if a project monitor is used on the project);

(h) the supervisor's daily log with entry/exit logs organized by date;

(i) all bulk sample data including all asbestos inspections and surveys completed for affected portions of the building, structure and work site;

(ii) This record shall be kept on site at all times with the building/structure owner or his designated representative, and produced upon verbal request of the commissioner or his or her duly authorized representative.

(3) Surrender of records. Within 10 working days of the expiration, revocation, or non-renewal of an asbestos contractor's asbestos handling license, or upon the receipt of the written request of the commissioner, or his or her duly authorized representative, any records kept pursuant to this Part shall be delivered to the Asbestos Control Bureau.

(4) Copies of any records kept pursuant to this Part shall be surrendered to the commissioner or his or her duly authorized representative upon written request.

(b) Notification.

(1) When required. Any asbestos abatement contractor who proposes to engage in a large asbestos project shall notify or cause to be notified, in writing, the Asbestos Control Bureau. Such notice must be received at least 10 calendar days prior to commencement of Phase II A (see section 56-2.1 of this Part) of the asbestos project unless waived in writing by the commissioner or his or her duly authorized representative. If an asbestos hazard is present which requires immediate attention, or if emergency conditions make it impossible to give notification 10 calendar days prior to commencement of the project, notification in accordance with section 56-3.5 of this Part shall be given. All project notifications shall be accompanied by a nonrefundable fee. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the notification package. All payments shall be made payable to the Commissioner of Labor in the amounts set forth in the Labor Law. Any payments which are voided or returned to the commissioner for any reason shall be subject to a return processing fee in an amount allowed by law and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to enjoining of the asbestos project.

(2) Content. The notification to the Asbestos Control Bureau shall be made on a form or forms provided by the commissioner and shall include, but not be limited to, the following:

(i) the name, address and asbestos license number of the asbestos abatement contractor and all subcontractors retained for the asbestos project;

(ii) the name and address of the party for whom the asbestos project is being performed, as well as the contract amount;

(iii) the address and description of the building/structure or area, including size, age, use and prior use of the building/structure or area;

(iv) the name and phone number of the building/structure or area owner representative or site contact individual;

(v) the amount of ACM, PACM or asbestos material present in square feet and/or linear feet, if applicable. Piping, fittings and associated insulation (excluding breeching and large [two foot or greater] diameter piping/fittings/associated insulation) are to be measured in linear feet;

(vi) room designation numbers or other local information where ACM, PACM or asbestos material is found, unless such material is found throughout the entire building or structure;

(vii) the commencement and completion dates for the asbestos project, Phase II A through D, and the commencement and completion dates of any intermediate portions of the project. Night, weekend and shift work schedules shall be included;

(viii) the procedures and equipment, including ventilating/exhaust systems, that shall be employed;

(ix) a listing of all variances (applicable and site-specific) to be utilized on the asbestos project;

(x) the name and asbestos license number of the air sampling firm asbestos contractor for the asbestos project;

(xi) the name and NYS ELAP registration number of the laboratory which shall perform analysis of project air samples for the project;

(xii) the name, address, phone number and NYS DEC permit number of the waste transporter;

(xiii) the name, address and phone number of the landfill where the asbestos waste will be transported;

(xiv) any other information which the commissioner may require.

(3) A separate notification must be submitted for each period of up to 12 months during which work shall be performed. Amendments of existing notifications are permitted. No additional fee is required unless the size of the project increases from that originally submitted on the initial notification, then a fee would be required for the additional material only.

(4) Postponement, cancellation or changes to completion dates of projects.

(i) Whenever the commencement date of a project for which notification has already been submitted is postponed, or if a project for which a notification has been submitted is cancelled, or if a project completion date is changed, the asbestos abatement contractor shall notify the Asbestos Control Bureau of the postponement or cancellation or change of completion date by telephone or written notice. This notice shall be received at least one calendar day prior to the initial start or completion date set forth on the previously submitted notification. In addition, written notification for new start dates on projects postponed for one week or longer must be received at least three calendar days prior to the new start date.

(ii) Notice of postponement or cancellation given by telephone shall be followed by written confirmation of the postponement or cancellation, which shall be provided to the Asbestos Control Bureau within three business days of the telephone notice.

(iii) Where time periods set forth herein allow, the notice requirements of subparagraphs (i) and (ii) of this paragraph may be satisfied by the submittal of a single amended notification form.

(iv) Within a non-continuous notification for a large asbestos project, intermediate portions of a project shall require notice to the Asbestos Control Bureau by telephone at least 10 calendar days prior to commencement of the intermediate portion of the project, followed by written notification with the commencement and completion dates of any intermediate portions of the project. The written notification shall be provided to the Asbestos Control Bureau within three business days of the telephone notice.

(5) Cumulative project notification. If a single asbestos project involves several locations in a building/structure or area, each of which does not involve the amounts of ACM, PACM or asbestos material specified in subdivision (b) of this section, but which in total equal or exceed this amount, written notification shall be required.

(i) Each building or structure shall be considered a separate project for the purpose of meeting all notification requirements set forth in the statute and this Part. A separate project notification form and fee must be submitted for each building/structure. Where one contract is entered into for several component projects, notification shall be required. Similarly, separate bids for component projects shall not void the notification requirement.

(6) Additional contractual work. Additional contractual work (see section 56- 2.1 of this Part) is subject to a new or amended notification and associated fees. No additional waiting period to commence this work shall be required.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.4