62-257.301. Notification Procedure and Fee

(1) The notice requirements of Chapter 62-257, F.A.C., Asbestos Program, apply to each owner or operator of a renovation of a facility involving the removal of a threshold amount of regulated ACM or any demolition of a facility regardless of whether or not asbestos is present and to each owner or operator of the site for a renovation of a facility involving the removal of a threshold amount of regulated ACM or any demolition of a facility regardless of whether or not asbestos is present.

(2) If a notice is required per subsection 62-257.301(1), F.A.C., the timely submittal of a completed “Notice of Demolition or Asbestos Renovation” form, as promulgated under subsection 62-257.900(1), F.A.C., or an electronically generated facsimile thereof, is required.

(a) The notice will be complete when the owner or operator legibly provides all the information requested on the Department’s form, and, if applicable, the additional information required by 40 CFR 61.145(b), adopted and incorporated by reference in Rule 62-204.800, F.A.C., for ordered demolitions or emergency renovation operations.

(b) The notice will be timely when the owner or operator mails it or delivers it to the Local Air Program or, where there is no Local Air Program, to the Department's District Office having jurisdiction over the site of the renovation or demolition operation, so that it is postmarked or received:

1. At least 10 working days prior to the start of the renovation or demolition operation; or

2. No later than the following working day after an emergency renovation operation or ordered demolition; or

3. At least 10 working days prior to the end of the calendar year preceding the year for which a planned renovation operation notice is being given.

(3) The owner or operator who submits a single planned renovation operation notification involving small individual nonscheduled operations shall indicate on the notice form the total amount of regulated asbestos-containing material predicted to be removed during the calendar year based on operating experience.

(4) If after the start of the project it is determined that at least 20 percent more regulated asbestos-containing material than originally reported to the Department is to be removed, the owner or operator shall submit a revised notification according to Rule 62-257.301, F.A.C.

(5) This notification form, when complete and timely submitted, will satisfy the notification requirements of the EPA’s National Emission Standards for Asbestos, 40 CFR 61.145(b).

(6) Except in the following situations, the owner or operator of an asbestos removal project shall pay a fee calculated pursuant to Rule 62-257.400, F.A.C., Fee Schedule.

(a) The Department’s fee requirements are not applicable to schools, colleges, universities, or to a residential dwelling as defined in Rule 62-257.200, F.A.C.

(b) The Department’s fee requirements are not applicable to those persons otherwise exempted from licensure under Section 469.002(4), F.S.

(c) The Department’s fee requirements are not applicable if the county in which the asbestos removal project is located collects a fee for providing asbestos notification and inspection services according to 40 CFR 61, Subpart M, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(d) The fee to be paid by a small business, as small business is defined in Section 288.703, F.S., shall not exceed $300.

Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.301, Amended 11-23-94, 3-24-96, 2-9-99, 10-12-08.