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17.74.303    EXCLUSIONS

(1) A private homeowner conducting, on his own, an asbestos abatement project in his/her private residence where the sole use of such residence is as the homeowner's domicile, is not subject to the provisions of this subchapter during the period that asbestos-containing material is present on the homeowner's private property and the homeowner controls or maintains the asbestos-containing material.

(2) A private homeowner as described in (1) of this rule is subject to state and federal requirements for proper packaging, transport, and delivery to an approved asbestos disposal facility of asbestos containing material.

(3) A private homeowner as described in (1) of this rule must use an accredited asbestos abatement worker or an accredited asbestos abatement contractor or accredited asbestos abatement supervisor to perform the transportation and disposal operations described in (2) of this rule.

(4) A private homeowner as described in (1) of this rule must obtain an asbestos abatement project permit from the department for transportation and disposal operations as described in (2) of this rule.

History: 75-2-503, MCA; IMP, 75-2-503, MCA; NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; TRANS, from DHES, 1996 MAR p. 433.

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