South Dakota Codified Laws
Chapter 44 - Asbestos Abatement Training Project
Section 34-44-3 - Promulgation of rules to establish asbestos abatement training program.

34-44-3. Promulgation of rules to establish asbestos abatement training program.
The board shall promulgate rules pursuant to chapter 1-26 to establish an asbestos abatement training program that assures the proper and safe abatement of asbestos hazards through asbestos contractor certification and worker certification. The rules shall specifically include, but not be limited to:
(1)Criteria for asbestos contractor certification and training;
(2)Criteria for worker certification and training.
No rule adopted pursuant to this chapter may be more stringent than those promulgated by the environmental protection agency under authority of federal laws governing the control of asbestos. However, the Board of Minerals and Environment shall promulgate rules to require that workers, asbestos contractors, supervisors, designers, management planners, and inspectors dealing with demolition or renovation projects under the National Emissions Standards for Hazardous Air Pollutants be certified.

Source: SL 1988, ch 284, §2; SL 1990, ch 280, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 44 - Asbestos Abatement Training Project

Section 34-44-1 - Definitions.

Section 34-44-2 - School building defined.

Section 34-44-3 - Promulgation of rules to establish asbestos abatement training program.

Section 34-44-4 - Training requirements--Sublevels of contractors and workers.

Section 34-44-5 - Certificate required of asbestos contractor--Violation as misdemeanor--Civil penalty.

Section 34-44-6 - Responsibility of asbestos contractor for handling and delivery of friable asbestos material--Penalty for violation.

Section 34-44-7 - Duty of owner or operator to employ only certified asbestos contractors.

Section 34-44-8 - Duty of owner, operator, etc., to specify in bid document whether project involved asbestos-containing materials--Violation as misdemeanor.

Section 34-44-9 - Duty of owner or operator to ensure that employees work under certified asbestos contractors and meet worker requirements--Violation as misdemeanor--Civil penalty.

Section 34-44-9.1 - No claim against certified contractor--Insurance.

Section 34-44-10 - Asbestos abatement certificate--Requirements for issuance to contractor.

Section 34-44-11 - Application for contractor's certification or renewal--Failure to obtain as misdemeanor.

Section 34-44-12 - Suspension or revocation of contractor's certificate--Grounds.

Section 34-44-13 - Worker to hold certificate--Violation as misdemeanor--Civil penalty.

Section 34-44-14 - Issuance of worker certificate--Training course.

Section 34-44-15 - Worker review course as condition of certificate renewal--When required.

Section 34-44-16 - Procedure for submitting certificate and renewal application.

Section 34-44-17 - Suspension or revocation of contractor's or worker's certificate.

Section 34-44-18 - Approval of alternative procedure on case-by-case basis.

Section 34-44-19 - Rules for approval of training courses--Approval required to offer training.

Section 34-44-20 - Training approval requirements.

Section 34-44-21 - Contents of training course.

Section 34-44-22 - Ability and proficiency of person providing training course to be demonstrated.

Section 34-44-23 - Training course materials and records to be made available--Access to training sessions.

Section 34-44-24 - Procedure for submitting approval and renewal applications.

Section 34-44-25 - Suspension or revocation of training course approval.

Section 34-44-26 - Rules for training reciprocity.

Section 34-44-27 - Rules adopting fee schedule--Amount of fees--Payment and deposit--Nonrefundability.

Section 34-44-29 - Certification as bid requirement.

Section 34-44-30 - Responsibility of Department of Agriculture and Natural Resources.

Section 34-44-31 - Inspection of asbestos abatement project--Entry without notice or warrant--Waiver requirement as condition of certification or approval.

Section 34-44-32 - Responsibility of counties for providing disposal sites.

Section 34-44-33 - Certain persons not required to be certified.

Section 34-44-34 - Asbestos projects in progress--Temporary exemptions--Notice and application required--Denial of approval of project for noncompliance, etc.--Compliance with existing state and federal requirements.