PART I. DEFINITIONS AND GENERAL PROVISIONS

 

§342P-1  Definitions.  As used in thischapter, unless the context otherwise requires:

“Abatement” means any measure or set ofmeasures designed to permanently eliminate asbestos or lead-based painthazards, including but not limited to removal, enclosure, encapsulation, ordisposal.

“Asbestos” means the asbestiform varieties ofserpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite(amosite), anthophyllite, actinolite, and tremolite.

“Complaint” means any written charge filed withor by the department that a person is violating any provision of this chapteror any rule or order adopted or issued pursuant to this chapter.

“Department” means the department of health.

“Director” means the director of health or aduly authorized agent, officer, or inspector.

“Emission” means the act of releasing ordischarging asbestos into the ambient air from any source.

“Facility” means any institutional, commercial,public, private, or industrial structure, installation or building.

“Party” means each person or agency named as aparty or properly entitled to be a party in any court or agency proceeding.

“Person” means any individual, partnership,firm, association, public or private corporation, federal agency, the State orany of its political subdivisions, trust, estate, or any other legal entity.

“Renovation” means altering in any way one ormore facilities or structural components of a facility.

“Repair” means the restoration ofasbestos-containing material that has been damaged to seal exposed areas whereasbestos fibers may be released, including the repair of enclosures aroundasbestos-containing materials.  The term, as it relates to the repair ofpreviously encapsulated asbestos-containing materials, includes filling damagedareas with asbestos substitute and re-encapsulating.

“Variance” means the act of deviating from therequirements of rules adopted under this chapter or a license granted by thedirector to deviate from these rules. [L 1991, c 219, pt of §1; am L 1998, c242, §4]