SubTitle19a-332e-1_19a-332e-2. Licensure and Training Requirements for Persons Engaged in Asbestos Abatement and Consultation Services, Title19a Public Health and Well-being, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

SubTitle19a-332e-1_19a-332e-2. Licensure and Training Requirements for Persons Engaged in Asbestos Abatement and Consultation Services

Sec. 19a-332e-1. Definitions. As used in sections 19a-332e-1 through 19a-332e-2 of the Regulations of Connecticut State Agencies

Latest version.

(1) "Asbestos-containing material" or "ACM" means material composed of asbestos of any type and in an amount greater than one percent by weight, either alone or mixed with other fibrous or nonfibrous material.

(2) "Commissioner" means the commissioner of the Department of Public Health.

(3) "Department" means the Department of Public Health.

(4) "Local Education Agency" or "LEA" means:

(A) Any local educational agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965, 20 USC 3381, as amended from time to time;

(B) the owner of any nonpublic, nonprofit elementary, or secondary school building; or

(C) the governing authority of any school operated under the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978, 20 USC 921, et seq., as amended from time to time.

(5) "Person" means any individual, corporation, partnership, firm, association, sole proprietorship, the State of Connecticut or any of its political subdivisions, or any other entity except an LEA as defined in subsection (4) of this section.

(Adopted effective June 4, 1999)

Sec. 19a-332e-2. Assessment of civil penalties

Latest version.

(a) Establishment of civil penalty. In setting a civil penalty in a particular case the commissioner shall consider all factors which he deems relevant, including but not limited to those listed in subsection (b) of section 19a-332e of the Connecticut General Statutes.

(b) Explanation of assessment. When the commissioner imposes a civil penalty under subsection (a) of section 19a-332e of the Connecticut General Statutes, the commissioner shall provide a written explanation of the methodology employed and a written summary of calculations used to determine a particular assessment upon written request by the affected person.

(c) Calculation of assessment. The total penalty assessed shall be calculated by adding all the applicable penalties specified in section 19a-332e-2(a) of the Regulations of Connecticut State Agencies.

(d) Record of mitigation. The department shall maintain a written record of each instance in which the commissioner mitigates a civil penalty pursuant to subsections (b) and (e) of Section 19a-332e of the Connecticut General Statutes. The record shall include the name and address of the person, the violation(s), the amount of the civil penalty before and after mitigation, and the reasons for mitigation.

(d) Schedules of penalties.

TABLE A

Asbestos-Containing Materials in Schools

		LEA	Other Person
Section 19a-333a-2	General Local Education Responsibilities	$50–$5000	X
Section 19a-333a-3	Inspections and Reinspections	$50–$5000	$50–$25000
Section 19a-333a-4	Sampling	$50–$1000	$50–$2000
Section 19a-333a-5	Analysis	$50–$1000	$50–$1000
Section 19a-333a-6	Assessment	$50–$1000	$50–$1000
Section 19a-333a-7	Response Action	$50–$5000	$50–$25000
Section 19a-333a-8	Operations and Maintenance	$50–$1000	$50–$1000
Section 19a-333a-9	Training and Periodic Surveillance	$50–$2500	$100–$10000
Section 19a-333a-10	Management Plans	$50–$5000	$50–$25000
Section 19a-333a-11	Recordkeeping	$50–$1000	$50–$2000
Section 19a-333a-12	Warning Labels	$50–$1000	$50–$1000
Section 19a-333a-13	Exclusions	$50–$5000	$50–$25000

TABLE B

Standards for Asbestos Abatement

		LEA	Other Person
Section 19a-332a-3	Notification of Asbestos Abatement	$50–$1000	$50–$2000
Section 19a-332a-4	Recordkeeping	$50–$1000	$50–$2000
Section 19a-332a-5	General Requirements for Asbestos Abatement Projects	$50–$5000	$50–$25000
Section 19a-332a-6	Worker Decontamination System for Asbestos Abatement Projects	$100–$2500	$100–$10000
Section 19a-332a-7	Specific Requirements for Asbestos Removal	$50–$1000	$50–$2000
Section 19a-332a-8	Specific Requirements for Encapsulation	$50–$1000	$50–$2000
Section 19a-332a-9	Specific Requirements for Enclosure	$50–$1000	$50–$2000
Section 19a-332a-10	Specific Requirements for Spot Repairs	$50–$1000	$50–$2000
Section 19a-332a-11	Alternative Work Practices	$50–$5000	$50–$25000
Section 19a-332a-12	Post Abatement Reoccupancy Criteria for Asbestos Abatement Projects for Friable Asbestos-Containing Material	$50–$5000	$50–$25000
Section 19a-332a-14	Inspection for Asbestos Abatement Projects	$500–$5000	$1000–$25000
Section 19a-332a-15	Order to Cease Activity	$500–$5000	$1000–$25000

TABLE C

Licensure and Training Requirements for Persons Engaged in Asbestos Abatement and Consultation Services

		LEA	Other Person
Section 20-440-2	Licensure of Asbestos Contractors	$100–$2500	$100–$10000
Section 20-440-3	Licensure of Asbestos Consultants	$100–$2500	$100–$10000
Section 20-440-4	Application for Licensure and Certification as an Asbestos Consultant	$100–$2500	$100–$10000
Section 20-440-5	Certification and Employment as an Asbestos Abatement Site Supervisor or as an Asbestos Abatement Worker	$100–$2500	$100–$10000
Section 20-440-7	Training Requirements	$100–$2500	$100–$10000
Section 20-440-8	Training Provider Administrative Tasks and Certification Requirements	$50–$1000	$50–$2000
Section 20-440-9	Recordkeeping	$50–$1000	$50–$2000
Section 20-441	Refresher Training	$50–$1000	$50–$2000

(Adopted effective June 4, 1999)