37-138-5 - Definitions.
§ 37-138-5. Definitions.
(a) "Abatement" means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos-containing materials.
(b) "Air monitor" means person who collects airborne samples for analysis of asbestos fibers during an abatement project including baseline, area, personal and clearance samples.
(c) "Asbestos-containing materials" (ACM) means any material or product which contains more than one percent (1%) asbestos.
(d) "Asbestos project" means a project for the abatement of ACM in school buildings, public buildings and commercial buildings except for exclusions adopted by the commission in accordance with Section 37-138-9(a) and except for abatement of asbestos-containing resilient floor tile, sheet vinyl flooring and associated adhesives, provided there is a two-working-day advance notification to the commission of the abatement of asbestos-containing floor tile, sheet vinyl flooring and associated adhesives, unless sanding, grinding, burning or sawing occurs or such abatement is otherwise considered a "response action" or would cause the material to become "friable" as both those terms are defined under 40 C.F.R. Section 763.83.
(e) "Certificate" means a document authorizing a person to perform certain specific activities related to the identification, evaluation or abatement of ACM in school buildings, public buildings and commercial buildings as described in this chapter.
(f) "Commercial building" means any privately owned building in which the public is invited or allowed access and any other privately owned building so located that the conduct of any asbestos abatement activities therein could reasonably expose any person or persons to ACM hazards, except that a commercial building shall not include any residence.
(g) "Commission" means the Mississippi Commission on Environmental Quality.
(h) "Contractor" means a person who enters into a contract for the performance of an asbestos project.
(i) "Director" means the Executive Director of the Mississippi Department of Environmental Quality.
(j) "Inspector" means a person employed to inspect or reinspect for presence of ACM, collect samples of ACM confirmation and provide written assessment of ACM.
(k) "Management plan" is a plan for abatement of ACM.
(l) "Management planner" means a person employed to develop a management plan.
(m) "Model plan" means the Model Accreditation Plan for states promulgated at Section I of Appendix C to Title 40, Part 763, Subpart E of the Code of Federal Regulations.
(n) "Operations and maintenance program" means a program of work practices to maintain ACM in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling ACM disturbance or damage.
(o) "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.
(p) "Project designer" means a person who specifies engineering methods and work practices to be used during asbestos projects.
(q) "Public building" means any building owned by the state, counties, municipalities, institutions of higher learning, community colleges or any political subdivision.
(r) "School" means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.S. 2854).
(s) "School building" means:
(i) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.
(ii) Any gymnasium or other facility which is specially designed for athletic or recreational activities or for an academic course in physical education.
(iii) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.
(iv) Any maintenance, storage or utility facility, including any hallway, essential to the operation of any facility described in this definition of "school building" under paragraphs (i), (ii) or (iii).
(v) Any portico or covered exterior hallway or walkway.
(vi) Any exterior portion of a mechanical system used to condition interior space.
(t) "Supervisor" means a person designated by a contractor to be responsible for direction of day-to-day activities of an asbestos project.
(u) "Worker" means a person who works on an asbestos project other than a project designer, contractor, supervisor or management planner.
(v) The commission is authorized to adopt by promulgated regulation any or all additional definitions necessary to carry out the intent of this chapter.
Sources: Laws, 1989, ch. 505, § 3; Laws, 1990, ch. 517, § 1; Laws, 1990, 1st Ex Sess, ch. 53, § 1; Laws, 1992, ch. 473, § 1; reenacted and amended, 1993, ch. 390, § 1; Laws, 1994, ch. 508, § 2, eff from and after June 30, 1994.