§ 130A-131.9C. Remediation.
§ 130A‑131.9C. Remediation.
(a) Upon determinationthat a child less than six years of age has a confirmed lead poisoning of 20micrograms per deciliter or greater and that child resides in a residentialhousing unit containing lead poisoning hazards, the Department shall requireremediation of the lead poisoning hazards. The Department shall also requireremediation of the lead poisoning hazards identified at the supplementaladdresses of a child less than six years of age with a confirmed lead poisoningof 20 micrograms per deciliter or greater.
(b) When remediation oflead poisoning hazards is required under subsection (a) of this section, theowner or managing agent shall submit a written remediation plan to theDepartment within 14 days of receipt of the lead poisoning hazard notificationand shall obtain written approval of the plan before initiating remediationactivities. The remediation plan shall comply with subsections (g), (h), and(i) of this section.
(c) If the remediationplan submitted fails to meet the requirements of this section, the Departmentshall issue an order requiring submission of a modified plan. The order shallindicate the modifications that shall be made to the remediation plan and thedate that the plan as modified shall be submitted to the Department.
(d) If the owner ormanaging agent does not submit a remediation plan within 14 days, theDepartment shall issue an order requiring submission of a remediation planwithin five days of receipt of the order.
(e) The owner or managingagent shall notify the Department and the occupants of the dates of remediationactivities at least three days before commencement of the activities.
(f) Remediation of thelead poisoning hazards shall be completed within 60 days of the Department'sapproval of the remediation plan. If the remediation activities are notcompleted within 60 days, the Department shall issue an order requiringcompletion of the activities. An owner or managing agent may apply to theDepartment for an extension of the deadline. The Department may issue an orderextending the deadline for 30 days upon proper written application by the owneror managing agent.
(g) All of thefollowing methods of remediation of lead‑based paint hazards areprohibited:
(1) Stripping paint on‑sitewith methylene chloride‑based solutions.
(2) Torch or flameburning.
(3) Heating paint with aheat gun above 1,100 degrees Fahrenheit.
(4) Covering with newpaint or wallpaper unless all readily accessible lead‑based paint hasbeen removed.
(5) Uncontrolledabrasive blasting, machine sanding, or grinding, except when used with HighEfficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3microns or larger from the air at ninety‑nine and seven‑tenthspercent (99.7%) or greater efficiency.
(6) Uncontrolledwaterblasting.
(7) Dry scraping, unlessused in conjunction with heat guns, or around electrical outlets, or whentreating no more than two square feet on interior surfaces, or no more than 20square feet on exterior surfaces.
(h) All lead‑containingwaste and residue shall be removed and disposed of in accordance withapplicable federal, State, and local laws and rules. Other substancescontaining lead that are intended for use by children less than six years ofage and vinyl miniblinds that constitute a lead poisoning hazard shall beremoved and disposed of in accordance with applicable federal, State, and locallaws and rules.
(i) All remediationplans shall require that the lead poisoning hazards be reduced to the followinglevels:
(1) Fewer than 40micrograms per square foot for lead dust on floors.
(2) Fewer than 250micrograms per square foot for lead dust on interior windowsills, bathtubs,kitchen sinks, and lavatories.
(3) Fewer than 400micrograms per square foot for lead dust on window troughs.
(4) Fewer than 400 partsper million for lead in bare soil in play areas, gardens, pet sleeping areas,and areas within three feet of the residential housing unit or child‑occupiedfacility. Lead in bare soil in other locations of the yard shall be reduced toless than 1,200 parts per million.
(5) Fewer than 15 partsper billion for lead in drinking water.
(j) The Departmentshall verify by visual inspection that the approved remediation plan has beencompleted. The Department may also verify plan completion by residual lead dustmonitoring and soil or drinking water lead level measurement.
(j1) Compliance with themaintenance standard satisfies the remediation requirements for confirmed leadpoisoning cases identified on or after 1 October 1990 as long as all leadpoisoning hazards identified on interior and exterior surfaces are addressed byremediation. Except for owner‑occupied residential housing units,continued compliance shall be verified by means of an annual monitoringinspection conducted by the Department. For owner‑occupied residentialhousing units, continued compliance shall be verified (i) by means of an annualmonitoring inspection, (ii) by documentation that no child less than six yearsof age has resided in or regularly visited the residential housing unit withinthe past year, or (iii) by documentation that no child less than six years ofage residing in or regularly visiting the unit has an elevated blood leadlevel.
(k) Removal of childrenfrom the residential housing unit or child‑occupied facility shall notconstitute remediation if the property continues to be used for a residentialhousing unit or child‑occupied facility. The remediation requirementsimposed in subsection (a) of this section apply so long as the propertycontinues to be used as a residential housing unit or child‑occupiedfacility. (1997‑443,s. 15.30(b); 1998‑209, s. 3; 2003‑150, s. 6.)