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(a) An emergency asbestos project involves the removal, enclosure, encapsulation or cleanup of asbestos-containing material that was not planned but is undertaken when sudden unexpected event(s) result in a situation in which any delay in abatement would pose an immediate danger to public safety and health.
(b) When such an emergency asbestos project occurs, applicants with an ARTS E-File account must submit an emergency notification, including a detailed scope of work, on the asbestos contractor’s letterhead, and a cover letter from the building owner or authorized agent including the items listed in (1) to (7) through the ARTS E-File system. If the applicant does not have a valid ARTS E-File account or is unable to access the ARTS E-File system, the applicant must immediately call 311 and provide:
(1) Name, affiliation and telephone number of caller;
(2) Nature of the emergency;
(3) Scope of asbestos work to be performed and the quantity and location of ACM to be abated;
(4) Exact location of the project including street address and borough;
(5) Name, address, and telephone number of the asbestos abatement contractor and the air monitoring company;
(6) Starting and projected completion dates; and
(7) Such other factors as the department may determine are relevant for that project.
(c) When such an emergency asbestos project occurs, an asbestos project notification (ACP-7 Form) shall be submitted through the ARTS E-File system in accordance with the provisions of 15 RCNY § 1-25 as soon as possible, but not later than 48 hours after the project begins. In such cases, the ACP-7 Form shall be accompanied by a cover letter from the building owner or their authorized agent including the following information:
(1) the nature of the emergency;
(2) a description of the scope of work. With respect to projects commenced under this section, the department, based on inspection by the department and other relevant agencies, may exempt the emergency project from the requirements of 15 RCNY § 1-26.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)
(b) For each building survey conducted prior to preparation of either the asbestos project notification (ACP-7) or asbestos assessment report (ACP-5), the investigator must compile a record. Each of the requirements listed below must be satisfied independently. A requirement to maintain a particular record may not be satisfied by inclusion of the information required to be set forth in that record in another record (e.g., information that is required to be set forth in the blueprint, diagram, or drawing must be in that record and the requirement to provide certain information in the blueprint, diagram, or drawing cannot be satisfied by its inclusion of the specified information in a survey report). The record must include at a minimum:
(1) A survey report that includes, at a minimum, the building or structure address and the name , address, and contact information of the building or structure owner ;a description of the scope of work, the location (floor, section, room) of areas where bulk samples were collected or material was assumed to contain asbestos; the material type, name dimensions and condition of all suspect ACM, and the number of samples taken of each material; and the name, address and contact information of any non-certified individual who participated in the survey, along with a description of the activities engaged in by said person; and
(2) A blueprint, diagram, or drawing of each building or portion thereof inspected by the investigator that identifies clearly each exact location and type of material where bulk samples were collected or assumed to be ACM. The blueprint, diagram or drawing must include the approximate linear or square footage of all areas affected by the proposed work where material was sampled and/or assumed to be ACM and the date of collection; and
(3) The printed name and signature of any and all persons who collect bulk samples for the purpose of determining the presence of ACM, a copy of the current New York State asbestos inspector certificate of each such person, the name of the firm performing the survey and a copy of its current NYSDOL asbestos handling license, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis and the name and signature of the person performing the analysis; and
(4) A chain of custody for all bulk samples collected as part of the survey. The chain of custody must be prepared in accordance with EPA recording requirements (QA Handbook Volume II Section 8.00).
A record that lacks any of the foregoing components will be deemed defective.
(c) Reserved.
(d) The investigator must maintain these records for thirty (30) years. These records may be maintained in an electronic recordkeeping system instead of in paper form. Upon the death of the investigator, records may be destroyed and notification must be sent to the Asbestos Control Program.
(e) The investigator shall make these records available during normal business hours, pursuant to an appointment without cost or restriction for inspection by a representative of the Department.
(f) Records must be stored in a manner that minimizes the possibility of damage from water. The investigator must immediately report if any records are damaged, lost or destroyed.
(g) The investigator must respond to the Department's request for inspection within fourteen (14) business days and provide a date, time and location for an inspection which is within 21 days of the date of the request. Failure of the investigator to either respond to the Department's request for an appointment or provide a date, time, and address for an inspection will result in suspension of the Certified Asbestos Investigator's (CAI) certificate until such appointment is completed and these records are made available for inspection.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)
(a) A project record shall be maintained for all small and large asbestos projects. During the project, the project record shall be kept on site at all times and may be maintained by the building owner or his authorized representative, which may be the asbestos abatement contractor or the air monitoring company. Upon completion of the project, the project record shall be maintained by the building owner. The project record shall be produced upon verbal or written request by any DEP inspector. Upon transfer of ownership of the building, all project records for past asbestos projects shall be turned over to the new owner. The project record shall consist of:
(1) Copies of licenses of all contractors involved in the project.
(2) Copies of DEP and NYSDOL supervisor and handler certificates for all workers engaged in the project;
(3) Copies of all project notifications and reports filed with DEP and NYSDOL for the project, with any amendments or variances;
(4) Copies of all asbestos abatement permits, including associated approved plans and work place safety plan;
(5) A copy of the project air sampling log, chain of custody forms, and all air sampling results;
(6) A copy of the abatement contractor's log;
(7) All data related to bulk sampling including the results of any asbestos surveys performed by an asbestos investigator;
(8) Copies of all waste manifests;
(9) A copy of all project monitor's reports.
(b) In addition to the project record required in subsection (a), the asbestos abatement contractor shall maintain, for at least thirty (30) years after the end of the project, a project summary for each asbestos project in which they engage. These records may be maintained in an electronic recordkeeping system instead of in paper form. That project record must consist of the following:
(1) Name, address, and DEP certificate number of all individuals who worked on the project;
(2) Location and general description of the project;
(3) Amount of ACM abated;
(4) Start and completion dates;
(5) Name, address, and NYSDOL asbestos handling license number of the air monitoring company;
(6) Name, address, and ELAP registration number of the laboratory used for air sample analysis;
(7) Name and address of the site used for disposal of the ACM waste generated by the project;
(8) Name and address of the asbestos hauler;
(9) Copy of the abatement contractor's log and the project air sampling log;
(10) Copy of the project monitor's report.
(c) The building owner, contractor or air monitor, as applicable, must make the project record or project summary required by this section available for inspection by DEP within 72 hours of request, except that during the project the project record must be made available upon request.
(d) In addition to the project record required in subdivision (a), the air monitoring company must maintain, for at least thirty (30) years after the end of the project, a project summary for each asbestos project in which the company engages. These records may be maintained in an electronic recordkeeping system instead of in paper form. The project summary must consist of the following:
(1) The DEP certificate number of all air monitoring technicians who worked on the project;
(2) The location and general description of the project;
(3) The start and completion dates for the project;
(4) The name, address, and ELAP registration number of the laboratory used for air sample analysis; and
(5) A copy of the air sampling log, chains of custody, laboratory reports, and sample location sketches.
(e) All records required to be kept by this section must be stored in a manner that minimizes the possibility of water damage. The party responsible for maintaining the records must immediately notify DEP if any records are lost, damaged, or destroyed.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 8/21/2019, eff. 9/20/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)
Subchapter D: Air and Bulk Sampling, Monitoring and Analysis
Part 1: Applicability
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