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.
Any worker or asbestos contractor who is conducting an asbestos project in a school building or who has entered into a contract to conduct an asbestos project in a school building on or before the effective date of this chapter is exempt from the certification requirements of this chapter until thirty days after the rules promulgated by the board are filed with the secretary of state. However, the worker or asbestos contractor shall notify the department of any asbestos project in progress, apply for certification and comply with state rules in existence on January 1, 1988, promulgated under chapter 34A-1 pertaining to asbestos. Any asbestos project done without notification, or if certification is ultimately denied, may be denied approval by the Governor as required in the Asbestos Hazardous Emergency Response Act of 1986.
Any worker or asbestos contractor who is conducting or who has entered into a contract to conduct an asbestos project other than in a school building on or before the effective date of this chapter is exempt from the certification requirements of this chapter until one hundred eighty days after the rules promulgated by the board are filed with the secretary of state. However, the worker or asbestos contractor shall comply with existing state rules promulgated under chapter 34A-1 pertaining to asbestos, and 29 C.F.R. 1910.134, 29 C.F.R. 1926.58, 40 C.F.R. 763.121 as in effect on January 29, 1988, and the United States Environmental Protection Agency publication entitled "Guidance for Controlling Asbestos-containing Materials in Buildings" (EPA 560/5-85-024, June 1985).
Source: SL 1988, ch 284, ยง31A.
Structure 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 34-44-7 - Duty of owner or operator to employ only certified asbestos contractors.
Section 34-44-9.1 - No claim against certified contractor--Insurance.
Section 34-44-10 - Asbestos abatement certificate--Requirements for issuance to contractor.
Section 34-44-12 - 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 34-44-24 - 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 34-44-29 - Certification as bid requirement.
Section 34-44-30 - Responsibility of Department of Agriculture and Natural Resources.
Section 34-44-32 - Responsibility of counties for providing disposal sites.
Section 34-44-33 - Certain persons not required to be certified.