§ 130A-444. Definitions.
Article 19.
Asbestos HazardManagement.
§ 130A‑444. Definitions.
Unless a different meaning isrequired by the context, the following definitions apply throughout thisArticle:
(1) "AHERA"means Title II, Asbestos Hazard Emergency Response Act of the Toxic SubstancesControl Act, 15 U.S.C. § 2601, et seq., as amended by the Asbestos SchoolHazard Abatement Reauthorization Act of 1990, P.L. 101‑637, 104 Stat.4589 ("ASHARA").
(2) "Asbestos"means asbestiform varieties of chrysotile (serpentine), crocidolite(riebeckite), amosite (cummingtonite‑grunerite), anthophyllite, tremoliteand actinolite.
(3) "Asbestoscontaining material" means material which contains more than one percent(1%) asbestos, including friable asbestos containing material and nonfriable asbestoscontaining material.
(3a) "Asbestos NESHAPfor demolition and renovation" means that portion of the National EmissionStandards for Hazardous Air Pollutants for asbestos that governs demolition andrenovation as set out in 40 CFR §§ 61.141, 61.145, 61.150, and 61.154 (1 July1993 edition).
(4) "Abatement"means work performed to repair, maintain, remove, isolate, or encapsulateasbestos containing material. The term does not include inspections,preparation of management plans, abatement project design, taking of samples,or project overview.
(5) "Friable"means any material that when dry can be broken, crumbled, pulverized, orreduced to powder by hand pressure, and includes previously nonfriable materialafter such material becomes damaged to the extent that when dry it can becrumbled, pulverized, or reduced to powder by hand pressure.
(6) "Management"means all activities related to asbestos containing material, includinginspections, preparation of management plans, abatement project design, abatement,project overview, and taking of samples.
(6a) "Person"means an individual, a corporation, a company, an association, a partnership, aunit of local government, a State or federal agency, or any other legal entity.
(7) "Publicarea" means those areas in any building other than a residence that arenot covered under the Occupational Safety and Health Act of 1970, Pub. L. 91‑596,84 Stat. 1590, 29 U.S.C. § 651, et seq., as amended.
(8) "Removal"means stripping, chipping, sanding, sawing, drilling, scraping, sucking, andother methods of separating material from its installed location in a building.
(9) "Residence"means any single family dwelling or any multi‑family dwelling of fewerthan 10 units. (1989, c. 724, s. 1; 1993 (Reg. Sess., 1994), c. 686,s. 2; 1995, c. 123, s. 7.)