Asbestos Abatement >> The Advantages Of Covering Asbestos Vs. Removal

The secretary, upon a finding that a business entity has violated any provision of this act or any rules and regulations adopted under this act, may impose a civil penalty within the limits provided in this section upon such business entity, which civil penalty shall be in an amount to constitute an actual and substantial The Advantages Of Covering Asbestos Vs. Removal economic deterrent to the violation for which the civil penalty is assessed. 

No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the The Advantages Of Covering Asbestos Vs. Removal  provisions of the Kansas administrative procedure act. 

Any business entity aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial The Advantages Of Covering Asbestos Vs. Removal review and civil enforcement of agency actions. An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. 

If the court sustains the appeal, the secretary shall refund forthwith the payment of any civil penalty to the business entity with interest at the rate established by K.S.A. 16-204, and The Advantages Of Covering Asbestos Vs. Removal amendments thereto, from the date of payment of the penalty. (e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund. 

History: L. 1985, ch. 203, ' 14; Jan. 1, 1986. 65-5315. Injunctions. The Advantages Of Covering Asbestos Vs. Removal Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the act for judicial review and civil enforcement of agency actions, an action in the name of the state of Kansas for injunction. 

Other process against any business entity to restrain or prevent any violation of the provisions of this act or of any rules and regulations adopted under this act. History: L. 1985, ch. 203, ' 15; Jan. 1, 1986. Article 50 -- ASBESTOS CONTROL 28-50-1. Definitions. As used in this The Advantages Of Covering Asbestos Vs. Removal article, the following terms have these definitions.

Accredited asbestos worker@ means a person who has fulfilled the training requirements and successfully completed the written examination requirements The Advantages Of Covering Asbestos Vs. Removal prescribed under federal law for persons who conduct response actions with respect to friable asbestos-containing material in either elementary and secondary schools or public and commercial buildings. 

Agent@ means any person who is not an employee of a business. Public entity that has been specifically authorized by the entity to act in its behalf in regard to carrying out any The Advantages Of Covering Asbestos Vs. Removal activity that requires the person to be present in the work area while an asbestos-removal project, an asbestos-encapsulation project, or an asbestos-related dismantling project is in progress. 

Appropriate protective clothing@ means outer clothing intended to be worn by a person who is engaged 8 in asbestos-removal or asbestos-encapsulation activities. This clothing shall facilitate the removal of asbestos fibers from the person before that person moves from an area that contains asbestos fibers into an area that is intended to remain free of these The Advantages Of Covering Asbestos Vs. Removal fibers. 

Protective clothing shall consist of coveralls or a similar whole-body covering, head covers, gloves, and foot covers. Protective clothing shall be worn at all times that friable asbestos containing materials are being handled directly and when otherwise required by OSHA or EPA The Advantages Of Covering Asbestos Vs. Removal regulations, work specifications governing the activities.

Work plans submitted to the department in compliance with the requiremen ts of K.A.R. 28-50-8. (d) AAppropriate respirator@ means an air purifying respirator meeting either of the following criteria: (1) A respirator approved by NIOSH for The Advantages Of Covering Asbestos Vs. Removal respiratory protection against particulates under 42. 

Part 84, as in effect on October 1, 1998, for particulates and hazardous chemicals contained in encapsulants; or (2) a respirator providing a higher protection factor if its use is specified by any of the following requirements applying to asbestos-removal or asbestos-encapsulation activities: OSHA and EPA The Advantages Of Covering Asbestos Vs. Removal regulations. 

Work specifications governing the The Advantages Of Covering Asbestos Vs. Removal activities; or (C) a work plan submitted to the department in accordance with the requirements of K.A.R. 28-50-8. (e) Appropriate warning sign@ means any asbestos hazard warning sign that complies with federal OSHA or EPA regulations and is required when airborne concentrations of asbestos exceed the prescribed limits. 

Approved waste disposal site@ means a solid waste disposal area that is operated under a permit issued by the department, as provided in K.S.A. 65-3407, and amendments thereto, and is authorized by the The Advantages Of Covering Asbestos Vs. Removal department to receive friable asbestos-containing solid wastes. 

Asbestos encapsulation project@ means activities that include, and are incidental to, the coating of a friable asbestos-containing surface material with a coating. Penetrating type of sealing substance, when the intended purpose of the The Advantages Of Covering Asbestos Vs. Removal activities is to prevent the continued release of asbestos fibers from the material into the air. 

The following activities shall be exempt from this definition: (1) The repainting of a previously painted asbestos-containing surface primarily for the intended purpose of improving the appearance; (2) the application of a sealing material to a The Advantages Of Covering Asbestos Vs. Removal surface to after the removal of asbestos from it.

The application of an encapsulant to asbestos-containing material while the material is being removed; (4) the The Advantages Of Covering Asbestos Vs. Removal application of a sealing substance to 10 or fewer square feet of friable asbestos-containing material that is contiguous to other types of material; (5) the application of a sealing substance to asbestos-containing material that has previously been enclosed or encapsulated. 

The painting of friable asbestos-containing material located in a privately owned single-family residence. (h) Asbestos label@ means a label that complies with applicable federal EPA, DOT, and OSHA regulatory The Advantages Of Covering Asbestos Vs. Removal requirements and is to be securely affixed to a waste container that contains friable asbestos materials. 

Asbestos-related demolition project@ means any activity that includes the razing of all or a portion of a structure that contains friable asbestos-containing materials or other asbestos-containing materials that may become airborne if the The Advantages Of Covering Asbestos Vs. Removal materials are crushed or broken. 

This definition shall not include the demolition of a residential structure or structures unless the demolition activity is subject to the requirements of 40. Part 61, subpart M, as adopted by reference in K.A.R. 28-19-735. Asbestos-related dismantling project” means The Advantages Of Covering Asbestos Vs. Removal activities that include the disassembly, handling.

Moving of the components of any structural or equipment item that has been covered with friable asbestos-containing material without first removing this material from the item. This definition shall not include these The Advantages Of Covering Asbestos Vs. Removal activities when conducted for the purpose of repair, replacement, or maintenance of the item.

Require the removal of either 25 or fewer lineal feet of friable asbestos-containing materials from the surface of a pipe or 10 or fewer square feet of friable asbestos containing materials from any other type of surface in order to dismantle the The Advantages Of Covering Asbestos Vs. Removal item. 

Asbestos-related maintenance operation@ means any operation, that involves the removal or cleanup of either 25 or fewer lineal feet of friable asbestos-containing material from the surface of a pipe or 10 or fewer square feet of friable asbestos-containing material from any other type of a structural or equipment item in The Advantages Of Covering Asbestos Vs. Removal order

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