October 31, 2003

Contact: (718/595-3693/3695)

Enforcement of Asbestos Rules §1-01(c)

Section 1-01(c) of the Asbestos Rules provides that “Every contractor and worker engaged in asbestos abatement activities shall comply with the provisions of this chapter except as otherwise specified.” “Worker” is defined as an “asbestos handler and/or asbestos handler supervisor.”

“Asbestos handler supervisor” is defined as “an individual certified by [DEP] who supervises the handlers during an asbestos project and ensures that proper asbestos abatement procedures as well as individual safety procedures are being adhered to.”

In the past, DEP has issued notices of violation of the Asbestos Rules to contractors, building owners, and certified asbestos investigators, but has not been issuing NOVS to certified asbestos handler supervisors.

DEP shall begin to issue notices of violations to the asbestos supervisor citing a violation of §1-01(c), when:

• At least five infractions of the Asbestos Rules are observed at a project; or

• A violation of §1-102(a), for dry removal of asbestos, is observed at a project. (Dry removal is a violation of Federal law and is therefore considered to be the most serious infraction under the Asbestos Rules.)

Section 24-178 of the Air Pollution Control Code provides that the maximum penalty for a violation of the Asbestos Rules is $10,000, with a minimum of $1,000. Further please be advised, the DEP will bring de-certification proceedings against supervisors who are repeatedly involved with projects where serious violations occur.