Michigan Laws 388.864 – Removal; circumstances
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Asbestos or asbestos-containing material shall not be removed from an educational facility unless 1 or more of the following circumstances exist:
(a) The removal is required under section 112 of part A of title I of the clean air act, chapter 360, 84 Stat. 1685, 42 U.S.C. § 7412.
Terms Used In Michigan Laws 388.864
- Asbestos: means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, asbestiform anthophyllite, asbestiform tremolite, and asbestiform actinolite. See Michigan Laws 388.861
- Asbestos-containing material: means any material or product containing more than 1% asbestos. See Michigan Laws 388.861
- Cost: means the discounted present value of all anticipated future expenditures associated with a course of action in an area where asbestos removal is being considered. See Michigan Laws 388.861
- Educational facility: means a building owned, leased, or under the control of a public or nonpublic school or school system containing any of grades K-12. See Michigan Laws 388.861
- Operations and maintenance plan: means a program of work practices designed to maintain asbestos or friable asbestos-containing material in good condition to ensure the cleanup of asbestos or friable asbestos-containing material previously released and to prevent the further release of asbestos or asbestos-containing material by minimizing and controlling the damage or disturbance of asbestos or asbestos-containing material. See Michigan Laws 388.861
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Removal: means the taking out or stripping of asbestos or asbestos-containing material from an existing structure. See Michigan Laws 388.861
(b) The removal is required under title II of the toxic substances control act, Public Law 94-469, 15 U.S.C. § 2641 to 2656.
(c) The exposure level of asbestos fibers in an educational facility exceeds .01 fibers longer than 5 microns per cubic centimeter of air calculated as an 8-hour time weighted average during periods of normal building occupancy as determined by the testing methods described in section 2.
(d) The cost of an operations and maintenance plan exceeds the cost of removal, and removal complies with standards as mandated under title II of the toxic substances control act, Public Law 94-469, 15 U.S.C. § 2641 to 2656.
(e) Removal of the material is incidental to normal maintenance or repair.