Maine Revised Statutes Title 38 Sec. 1273 – Prohibitions
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Unless otherwise provided in this section: [PL 1987, c. 448, §1-C (NEW).]
1. License or certificate required. No person or owner or operator may engage in any asbestos abatement activities in the State, unless licensed or certified pursuant to this chapter; and
[PL 1993, c. 355, §39 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1273
- Asbestos: means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos abatement activity: includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos-containing material: means any material containing asbestos in quantities equal to or greater than 1% by volume. See Maine Revised Statutes Title 38 Sec. 1272
- Certificate: means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional. See Maine Revised Statutes Title 38 Sec. 1272
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- License: means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider. See Maine Revised Statutes Title 38 Sec. 1272
- Owner or operator: means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1272
- Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1272
2. Notification required. A person, owner or operator may not engage in any asbestos abatement activity over 3 linear feet or 3 square feet of asbestos-containing material unless that person, owner or operator notifies the commissioner in writing. This notification must be postmarked at least 10 calendar days before or delivered to the department at least 5 working days prior to beginning any on-site work, including on-site preparation work. The department may approve a reduction in the number of days required for notification on a case-by-case basis when unforeseeable circumstances or compliance with standard notification procedures may cause a threat to the environment or human health.
[PL 2009, c. 374, §4 (AMD).]
3. In-house abatement units.
[PL 1989, c. 325, §4 (RP).]
4. Exemption. Asbestos abatement activities related to disposal undertaken at licensed asbestos disposal sites are exempt from the requirements of this section.
[PL 2005, c. 52, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 325, §§4,5 (AMD). PL 1991, c. 473, §§11,12 (AMD). PL 1993, c. 355, §39 (AMD). PL 1993, c. 355, §40 (AMD). PL 2001, c. 626, §17 (AMD). PL 2005, c. 52, §1 (AMD). PL 2009, c. 374, §4 (AMD).