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(1) Pursuant to 75-2-511, MCA, a person may not conduct an asbestos project without a permit issued by the department, or violate the conditions of the permit.

(2) The asbestos project contractor or the owner or operator of the facility where an asbestos project is to be conducted shall submit to the department, on a form provided by the department, an application for a project permit that contains the following:

(a) a completed, signed Montana Asbestos Project Permit Application and NESHAP Demolition/Renovation Notification form provided by the department; and

(b) the permit fee required under ARM 17.74.401.

(3) If an application is deficient or incomplete, the department shall notify the applicant of the information necessary to complete the application. If the department has not received the information within ten days from the date of the deficiency letter, the application will be considered withdrawn.

(4) If the dates during which an asbestos project is to be conducted change, the asbestos project contractor/supervisor, or the owner or operator shall notify the department of the change at least 24 hours prior to:

(a) implementation of the new scheduled date; or

(b) the original scheduled date, whichever comes first.

(5) Within 72 hours after any initial verbal notice to the department of a change in the dates during which an asbestos project is to be performed, the permittee shall submit to the department a signed, original written notice of the newly scheduled dates, using an application form provided by the department. If the new dates are substantially different from those specified in the permit, the department may require the permittee to apply for an amendment to the permit.

(6) The department shall issue asbestos project permits for asbestos projects having a cost of $3,000 or less within seven calendar days following the receipt of a properly completed permit application and the appropriate fee.

(7) A copy of the asbestos project permit application, permit, project design, and sketch must be posted and maintained on site in a conspicuous location during the asbestos project and made available for examination by department employees or representatives upon request.

(8) For an asbestos project limited to transportation and disposal, the posting of the project sketch required in (7) does not apply.


History: 75-2-503, MCA; IMP, 75-2-503, 75-2-511, MCA; NEW, 2006 MAR p. 1574, Eff. 6/23/06; AMD, 2011 MAR p. 2264, Eff. 10/28/11; AMD, 2020 MAR p. 1325, Eff. 6/27/20.

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