(a) "Asbestos project" means an activity undertaken to remove or encapsulate friable asbestos containing materials.
(b) "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business concern.
(c) "Certificate" means an authorization issued by the secretary permitting an individual person to engage in an asbestos project.
(d) "License" means an authorization issued by the secretary permitting a business entity to engage in an asbestos project.
(e) "Secretary" means the secretary of health and environment.
(f) "Friable asbestos containing material" means any material that contains more than 1% asbestos, by weight, which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building and which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure.
(g) "Asbestos" means that asbestiform varieties of: Chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.
History: L. 1985, ch. 203, § 1; Jan. 1, 1986.
(b) The provisions of this act do not apply to a business entity which uses its own employees in removing or encapsulating asbestos for the purposes of renovating, maintaining , repairing or demolishing the entity's own facilities.
History: L. 1985, ch. 203, § 2; L. 1998, ch. 31, § 1; July 1.
(a) Prescribe fees for the issuance and renewal of certificates and licenses. The fees shall be based upon the amount of revenue determined by the secretary to be required for proper administration of the provisions of this act;
(b) conduct on-site inspections of procedures being utilized by a licensee for removing and encapsulating asbestos during an actual asbestos project;
(c) inspect and approve asbestos disposal sites; and
(d) adopt rules and regulations necessary for the administration of this act including, but not limited to, requirements, procedures and standards relating to asbestos projects as are necessary to protect the public health and safety.
History: L. 1985, ch. 203, § 3; L. 1998, ch. 31, § 2; July 1.
(a) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will engage in an asbestos project is certified;
(b) demonstrate to the satisfaction of the secretary that the business entity is capable of complying with all applicable requirements, procedures, standards of the United States environmental protection agency and the United States occupational safety and health administration and the secretary;
(c) have access to at least one approved asbestos disposal site for deposit of all asbestos waste that the business entity will generate during the term of the license; and
(d) comply with all rules and regulations adopted by the secretary under this act.
History: L. 1985, ch. 203, § 4; Jan. 1, 1986.
(b) The application shall include:
(1) The name and address of the business entity;
(2) a description of the protective clothing and respirators that the business entity will use;
(3) the name and address of each asbestos disposal site that the business entity will use;
(4) a description of the site decontamination procedures that the business entity will use;
(5) a description of the removal and encapsulation methods that the business entity will use;
(6) a description of the procedures that the business entity will use for handling waste containing asbestos;
(7) a description of the air monitoring procedures that the business entity will use;
(8) a description of the procedures that the business entity will use in cleaning up after completion of the asbestos project;
(9) the signature of the chief executive officer of the business entity or a designee of the chief executive officer; and
(10) any other information which may be required by the secretary.
History: L. 1985, ch. 203, § 5; Jan. 1, 1986.
(b) Not less than one month before a license expires, the secretary shall send to the licensee, at the last known address of the licensee, a renewal notice that states:
(1) The date on which the current license expires;
(2) the date by which the renewal application must be received by the secretary for the renewal license to be issued and mailed before the current license expires; and
(3) the amount of the renewal fee.
(c) Before a license expires, the licensee periodically may renew it for an additional one-year term, if the business entity:
(1) Otherwise is entitled to be licensed;
(2) submits a renewal application to the secretary in the form required by the secretary; and
(3) pays the renewal fee prescribed by the secretary.
History: L. 1985, ch. 203, § 6; Jan. 1, 1986.
(1) The name, address and certificate number of the individual person who supervised the asbestos project and of each employee or agent of the licensee who worked on the project;
(2) the location and a description of the project and the amount of asbestos material that was removed;
(3) the starting and completion dates of each instance of removal or encapsulation;
(4) a summary of the procedures that were used to comply with all applicable standards;
(5) the name and address of each asbestos disposal site where the waste containing asbestos was deposited; and
(6) any other information which may be required by the secretary.
(b) Every licensee, state agency or political or taxing subdivision of the state that engages in an asbestos project shall notify the secretary, in the manner prescribed by the secretary, of the proposed date on which the project is to be initiated.
History: L. 1985, ch. 203, § 7; Jan. 1, 1986.
(b) The provisions of this act do not apply to an individual person who is an employee of a business entity which is exempted from the provisions of this act by subsection (b) of K.S.A. 65-5302, and amendments thereto.
(c) In order to qualify for a certificate, an individual person must have successfully completed a basic course, approved by the secretary, on the health and safety aspects of the removal and encapsulation of asbestos including the federal and state standards applicable to asbestos projects.
(d) In order to qualify for renewal of a certificate, an individual person must have successfully completed a review course approved and within the period prescribed by the secretary.
(e) Applications for certificates and renewals shall be submitted to the secretary on forms prescribed by the secretary and shall be accompanied by a fee prescribed by the secretary.
(f) A certificate shall expire one year from its effective date unless the secretary establishes an alternative date by rules and regulations.
History: L. 1985, ch. 203, § 8; L. 1998, ch. 31, § 3; July 1.
(b) The secretary shall remit all moneys received from the fees established pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1985, ch. 203, § 9; L. 1987, ch. 252, § 1; L. 2001, ch. 5, § 261; July 1.
(1) Fraudulently or deceptively obtained or attempted to obtain a license;
(2) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act;
(3) failed at any time to meet any applicable federal or state standard for removal or encapsulation of asbestos; or
(4) employed or permitted an uncertified individual person to work on an asbestos project.
(b) The secretary may deny, suspend or revoke any certificate issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for certificate or certificate holder, whichever is applicable, has:
(1) Fraudulently or deceptively obtained or attempted to obtain a certificate; or
(2) failed at any time to meet the qualifications for a certificate or to comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act.
(c) Before any license or certificate is denied, suspended or revoked, the secretary shall conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act.
(d) Any individual person or business entity aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the provisions of the act for judicial review and civil enforcement of agency actions.
(e) (1) If the secretary finds that the public health or safety is endangered by the continuation of an asbestos project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication procedures of the provisions of the Kansas administrative procedure act, the license of the business entity or the certificate of any person engaging in such asbestos project.
(2) In no case shall a temporary suspension of a license or certificate under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license or certificate shall be reinstated unless the secretary has suspended or revoked the license or certificate, after notice and hearing, or the license has expired as otherwise provided under this act.
History: L. 1985, ch. 203, § 10; Jan. 1, 1986.
(b) The secretary may approve, on a case-by-case basis, an alternative to a required public health protection procedure for an asbestos project if the business entity or state or political or taxing subdivision of the state submits a written description of the alternative procedure to the secretary and demonstrates to the satisfaction of the secretary that the proposed alternative procedure provides equivalent protection.
(c) If a business entity or state or political or taxing subdivision of the state is not primarily engaged in the removal or encapsulation of asbestos, the secretary may waive the requirement for a license or employee certification if public health protection requirements are met or an alternative procedure is approved under subsection (b).
History: L. 1985, ch. 203, § 11; Jan. 1, 1986.
(b) No state agency or political or taxing subdivision of the state shall carry out any asbestos project using its own employees except in compliance with the requirements of K.S.A. 65-5304 that also apply to business entities.
History: L. 1985, ch. 203, § 12; Jan. 1, 1986.
(1) For a first offense, of a class C misdemeanor; and
(2) for a second offense, of a class B misdemeanor.
History: L. 1985, ch. 203, § 13; Jan. 1, 1986.
(b) The secretary, upon a finding that a business entity has violated any provision of this act or any rules and regulations adopted under this act, may impose a civil penalty within the limits provided in this section upon such business entity, which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(d) Any business entity aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions. An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary shall refund forthwith the payment of any civil penalty to the business entity with interest at the rate established by K.S.A. 16-204, and amendments thereto, from the date of payment of the penalty.
(e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
History: L. 1985, ch. 203, § 14; Jan. 1, 1986.
History: L. 1985, ch. 203, § 15; Jan. 1, 1986.