007.40.2-IX. Enforcement
AR ADC 007.40.2-IXArkansas Administrative CodeEffective: September 27, 2021
Effective: September 27, 2021
Ark. Admin. Code 007.40.2-IX
Formerly cited as AR ADC 007.04.11-IX
007.40.2-IX. Enforcement
(D) Failure to obtain training from a licensed training provider, an EPA-approved training program, or state or Indian Tribal training program approved by EPA and apply and receive certification from the Department prior to conducting or offering to conduct lead -- based paint activities for which the appropriate certification has not been received;
(i) Failure to obtain training from a licensed training provider, an EPA-approved training program, or a training program approved by state or Indian Tribal program which has been approved by EPA as an inspector or risk assessor and apply and receive certification from the Department in the appropriate discipline as an inspector or risk assessor prior to conducting or offering to conduct lead -- based paint inspections and post-abatement clearance procedures;
(ii) Failure to obtain training from a licensed training provider, an EPA-approved training provider, or a training provider approved by state or Indian Tribal program which has been approved by EPA as risk assessor and apply and receive certification from the Department in the appropriate discipline as a risk assessor prior to conducting or offering to conduct lead -- based paint lead-hazard screens, inspections, or risk assessments;
(iii) Failure to obtain training from a licensed training provider, an EPA-approved training provider, or a training program approved by state or Indian Tribal program approved by EPA as a supervisor or project designer and apply and receive certification from the Department in the appropriate discipline as a supervisor or project designer prior to conducting or offering to conduct lead -- based paint occupant protection plans;
(iv) Failure to obtain training from a licensed training provider, an EPA-approved training program, or a training program approved by a state or Indian Tribal program which has been approved by EPA as a supervisor or worker and apply and receive certification from the Department in the appropriate discipline as a supervisor or worker prior to conducting or offering to conduct a lead -- based paint abatement;
(v) Failure to obtain training from a licensed training program, an EPA-approved training program, or a training program approved by a state or Indian Tribal program as a supervisor and apply and receive certification from the Department as a supervisor prior to supervising and conducting or offering to conduct a lead -- based paint abatement;
(b) Performing a lead -- based paint abatement by machine sanding or grinding or abrasive blasting or sandblasting of lead -- based paint unless this process is used with a High Efficiency Particulate Air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;
(i) Failure to employ individuals who have both obtained training from an EPA-approved, or state or Indian Tribal EPA-approved training provider as an inspector or risk assessor and apply and receive certification from the Department in the appropriate discipline as an inspector or risk assessor prior to conducting or offering to conduct lead -- based paint inspections and post-abatement clearance procedures;
(ii) Failure to employ individuals who have both obtained training from an EPA-approved, or state or Indian Tribal EPA-approved training provider as risk assessor and apply and receive certification from the Department in the appropriate discipline as a risk assessor prior to conducting or offering to conduct lead -- based paint lead-hazard screens, inspections, or risk assessments;
(iii) Failure to employ individuals who have both obtained training from an EPA-approved, or state or Indian Tribal EPA-approved training provider as a supervisor or project designer and apply and receive certification from the Department in the appropriate discipline as a supervisor or project designer prior to conducting or offering to conduct lead -- based paint occupant protection plans;
(iv) Failure to employ individuals who have both obtained training from an EPA-approved, or state or Indian Tribal EPA-approved training provider as a supervisor or worker and apply and receive certification from the Department in the appropriate discipline as a supervisor or worker prior to conducting or offering to conduct a lead -- based paint abatement;
(v) Failure to employ individuals who have both obtained training from an EPA-approved, or state or Indian Tribal EPA-approved training provider as a supervisor and apply and receive certification from the Department prior to supervising and conducting or offering to conduct or supervise a lead -- based paint abatement;
(ii) Performing a lead -- based paint abatement by machine sanding or grinding or abrasive blasting or sandblasting of lead -- based paint unless this process is used with a High Efficiency Particulate Air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;
(F) Failure to maintain a supervisor who is both trained in an EPA -- approved lead -- based paint activities training course, or a state or Indian Tribal EPA -- approved training course and certified by the Department on site at the worksite during the lead -- based paint abatement project; site preparation, abatement, and post-abatement cleanup work.
Any individual or firm subject to denial, revocation, modification, suspension, or other enforcement action by the Director shall be afforded an opportunity for notice and hearing.
Credits
Adopted Dec. 11, 2020; Sept. 27, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.40.2-IX, AR ADC 007.40.2-IX
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