(1) 
“AHERA building inspector”
means a person who has successfully completed the training requirements for an abatement project designer established by EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
(2) 
“AHERA project designer”
means a person who has successfully completed the training requirements for an abatement project designer established by EPA regulations (40 CFR 763.90(g)) and whose certification is current.
(3) 
“Asbestos”
means the asbestiform varieties of actinolite, amosite (cummingtonitegrunerite), tremolite, chrysotile (serpentinite), crocidolite (rie-beckite), or anthophyllite.
(4) 
“Asbestos-containing material”
means any material containing more than one percent asbestos as determined using the method specified in EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
(5) 
“Asbestos-containing waste material”
means any waste that contains or is contaminated with asbestos-containing material. Asbestos-containing waste material includes asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material collected for disposal, asbestos-contaminated waste, debris, containers, bags, protective clothing, or HEPA filers. Asbestos-containing waste material does not include samples of asbestos-containing material taken for testing or enforcement purposes.
(6) 
“Asbestos project”
means any activity involving the abatement, renovation, demolition, removal, salvage, cleanup, or disposal of asbestos-containing material, or any other action that disturbs or is likely to disturb any asbestos-containing material. It includes the removal and disposal of asbestos-containing material or asbestos-containing waste material. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other nonasbestos materials to seal or fill exposed areas where asbestos fibers may be released.
(7) 
“Asbestos survey”
means a written report describing an inspection using the procedures contained in EPA regulations (40 CFR 763.86), or an alternate method that has received prior written approval from the Control Officer, to determine whether materials or structures to be worked on, renovated, removed, or demolished (including materials on the outside of structures) contain asbestos.
(8) 
“Competent person”
means a person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy, has the authority to take prompt corrective measures to eliminate them, and has been trained and is currently certified in accordance with the standards established by the Washington State Department of Labor and Industries, the Federal Occupational Safety and Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction).
(9) 
“Component”
means any equipment, pipe, structural member, or other item covered or coated with, or manufactured from, asbestos-containing material.
(10) 
“Demolition”
means wrecking, razing, leveling, dismantling, or burning of a structure, making the structure permanently uninhabitable or unusable.
(11) 
“Friable asbestos-containing material”
means asbestos-containing material that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act upon the material in the course of demolition, renovation, or disposal. Such materials include, but are not limited to, thermal system insulation, surfacing material, and cement asbestos products.
(12) 
“Leak-tight container”
means a dust-tight and liquid-tight container, at least six mils thick, that encloses asbestos-containing waste material and prevents solids or liquids from escaping or spilling out. Such containers may include sealed plastic bags, metal or fiber drums, and sealed polyethylene plastic.
(13) 
“Nonfriable asbestos-containing material”
means asbestos-containing material that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act on the material in the course of demolition, renovation, or disposal.
(14) 
“Owner-occupied, single-family residence”
means any non-multiple-unit building containing space for uses such as living, sleeping, preparation of food, and eating that is currently used or was once used, occupied, or designated to be occupied by one family who owns the property as their domicile. This term includes houses, mobile homes, trailers, detached garages, house-boats, and houses with a mother-in-law apartment or guest room. This term does not include rental property or multiple-family units, nor does this term include any mixed-use building, structure, or installation that contains a residential unit.
(15) 
“Person”
means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.
(16) 
“Renovation”
means altering a facility or a component in any way, except demolition.
(17) 
“Surfacing material”
means material that is sprayed on, troweled on, or otherwise applied to surfaces including, but not limited to, acoustical plaster on ceilings, paints, fireproofing materials on structural members, or other materials on surfaces for decorative purposes.
(18) 
“Suspect asbestos-containing material”
means material that has historically contained asbestos including, but not limited to, surfacing material, thermal system insulation, roofing material, fire barriers, gaskets, flooring material, and siding.
(19) 
“Thermal system insulation”
means material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain.
(Ord. 96 § 11.01, 6-7-1997 (Res. 97-0118))
(1) 
Requirements for Renovations. It shall be unlawful for any person to cause or allow a renovation unless the property owner or the owner’s agent determines whether there are suspect asbestos-containing materials by an AHERA building inspector. An AHERA building inspector is not required for asbestos surveys associated with the renovation of an owner-occupied, single-family residence.
(a) 
If there are no suspect materials in the work area, this determination shall either be posted at the work site or communicated in writing to all contractors involved in the renovation.
(b) 
It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.
(c) 
Except for renovations of an owner-occupied, single-family residence, only an AHERA building inspector may determine that a suspect material does not contain asbestos.
(d) 
A summary of the results of the asbestos survey shall either be posted by the property owner or the owner’s agency at the work site or communicated in writing to all persons who may come into contact with the material.
(2) 
Requirements for Demolitions. It shall be unlawful for any person to cause or allow any demolition unless the property owner or the owner’s agent obtains an asbestos survey by an AHERA building inspector of the structure to be demolished.
(a) 
It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.
(b) 
Only an AHERA building inspector may determine that a suspect material does not contain asbestos.
(c) 
A summary of the results of the asbestos survey shall either be posted by the property owner or the owner’s agent at the work site or communicated in writing to all persons who may come into contact with the material.
(Ord. 96 § 12.02, 6-7-1997 (Res. 97-0118))
(1) 
General Requirements. It shall be unlawful for any person to cause or allow any work on an asbestos project or demolition unless a complete notification has been submitted to the Control Officer on Department-approved forms, in accordance with the advance notification period requirements contained in subsection (4) of this section.
(a) 
Notification is not required for asbestos projects involving less than 10 linear feet or 48 square feet (per structure, per year) of any asbestos-containing material.
Notification is not required for removal of nonfriable asbestos-containing caulking or nonfriable asbestos-containing roofing material. All other asbestos project requirements remain in effect.
(b) 
Notification is required for all demolitions involving structures with a projected roof area greater than 120 square feet, even if no asbestos-containing material is present.
(c) 
The written notification shall be accompanied by the appropriate nonrefundable fee as set forth in subsection (4) of this section unless prior arrangements for payment have been made with the Department.
(d) 
A copy of the notification, all amendments to the notification, the asbestos survey, and any order of approval for an alternate means of compliance shall be available for inspection at all times at the asbestos project or demolition site.
(e) 
Notification for multiple asbestos projects or demolitions may be filed on one form if all the following criteria are met:
(i) 
The work will be performed continuously by the same contractor;
(ii) 
The structures are in a group or can be managed as a group;
(iii) 
The project specifications regarding location and amount of asbestos-containing material to be removed from each location, and the project work schedule, are provided in detail for each segment of the project; and
(iv) 
All asbestos projects or demolitions are under one contract.
(f) 
Annual Notification. A property owner may file one annual notification for asbestos projects to be conducted on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:
(i) 
The annual notification shall be filed with the Department before commencing work on any asbestos project included in an annual notification;
(ii) 
The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this section is less than 260 linear feet on pipes or less than 160 square feet on the components; and
(iii) 
The property owner submits quarterly written reports to the Control Officer on Department-approved forms within 15 days after the end of each calendar quarter.
(2) 
Amendments.
(a) 
Mandatory Amendments. An amendment shall be submitted to the Control Officer for the following changes in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in subsection (4) of this section unless prior arrangements for payment have been made with the Department:
(i) 
Increases in the job size category that increase the fee or change the advance notification period;
(ii) 
Changes in the type of asbestos-containing material that will be removed; or
(iii) 
Changes in the work schedule, including hours of work, unless the asbestos contractor or property owner participates in the Department work schedule fax program.
(b) 
Optional Amendments. An amendment may be submitted to the Control Officer for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in subsection (4) of this section unless prior arrangements for payment have been made with the Department.
(3) 
Emergencies. The Control Officer may waive the advance notification period, if the property owner demonstrates to the Control Officer that an asbestos project or demolition must be conducted immediately because of any of the following:
(a) 
There was a sudden, unexpected event that resulted in a public health or safety hazard;
(b) 
The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage;
(c) 
Hidden asbestos-containing materials were encountered that were not identified during the asbestos survey; or
(d) 
The project must proceed to avoid imposing an unreasonable burden.
(4) 
Fees and Notification Periods.
Project
Size/Type
Notification Period
Fee
Owner-occupied, single-family residence (asbestos project and/or demolition)
All
Prior notice
$25.00
All other demolitions with no asbestos project
All
10 days
$125.00
Asbestos project, includes demolition fees*
10 – 259 linear feet
48 – 159 square feet
3 days
$125.00
Asbestos project, includes demolition fees
260 – 999 linear feet
160 – 4,999 square feet
10 days
$250.00
Asbestos project, includes demolition fees
1,000 – 10,000 linear feet
5,000 – 50,000 square feet
10 days
$500.00
Asbestos project, includes demolition fees
10,000+ linear feet
50,000+ square feet
10 days
$1,000
Emergency equal to
Subsection (3) of this section
Prior notice
Additional fee
Amendment
Subsection (2) of this section
Prior notice
$25.00
Alternate means of compliance (demolitions or friable asbestoscontaining materials)
TTC § 8.25.660(1) or (3)
10-day
Review day
Additional fee equal to project fee
Annual
Subsection (1)(f) of this section
Prior notice
$1,000
*Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the three-day notification period.
(Ord. 96 § 12.03, 6-7-1997 (Res. 97-0118))
(1) 
Removal of Asbestos Prior to Renovation or Demolition. Except as provided in TTC § 8.25.660(3), it shall be unlawful for any person to cause or allow any demolition or renovation that may disturb asbestos-containing material or damage a structure so as to preclude access to asbestos-containing material for future removal, without first removing all asbestos-containing material in accordance with the requirements of this regulation.
Asbestos-containing material need not be removed from a component if the component can be removed, stored, or transported for reuse without disturbing or damaging the asbestos.
(2) 
Exception for Hazardous Conditions. Asbestos-containing material need not be removed prior to a demolition, if the property owner demonstrates to the Control Officer that it is not accessible because of hazardous conditions such as: structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. The property owner must submit the written determination of the hazard by an authorized governmental official or a licensed structural engineer, and must submit the procedures that will be followed for controlling asbestos emission during the demolition or renovation and disposal of the asbestos-containing waste material.
(Ord. 96 § 12.04, 6-7-1997 (Res. 97-0118))
(1) 
Training Requirements. It shall be unlawful for any person to cause or allow any work on an asbestos project unless it is performed by persons trained and certified in accordance with the standards established by the Washington State Department of Labor and Industries, the Federal Occupational Safety and Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction) and whose certification is current.
This certification requirement does not apply to asbestos projects conducted in an owner-occupied, single-family residence performed by the resident owner of the dwelling.
(2) 
Asbestos Removal Work Practices. Except as provided in TTC § 8.25.660, it shall be unlawful for any person to cause or allow the removal of asbestos-containing material unless all the following requirements are met:
(a) 
The asbestos project shall be conducted in a controlled area, clearly marked by barriers and asbestos warning signs. Access to the controlled area shall be restricted to authorized personnel only.
(b) 
If a negative pressure enclosure is employed it shall be equipped with transparent viewing ports, if feasible, and shall be maintained in good working order.
(c) 
Absorbent materials, such as surfacing material and thermal system insulation, shall be saturated with a liquid wetting agent prior to removal. Wetting shall continue until all the material is permeated with the wetting agent. Any unsaturated surfaces exposed during removal shall be wetted immediately.
(d) 
Nonabsorbent materials, such as cement asbestos board or vinyl asbestos tile, shall be continuously coated with a liquid wetting agency on any exposed surface prior to and during removal. They shall be wetted after removal, as necessary, to assure they are wet when sealed in leak-tight containers. Any dry surfaces exposed during removal shall be wetted immediately.
(e) 
Metal components (such as valves, fire doors, and reactor vessels) that have internal asbestos-containing material do not require wetting of the asbestos-containing material if all access to the asbestos-containing material is welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the asbestos-containing material from the environment.
(f) 
Except for surfacing materials being removed inside a negative pressure enclosure, asbestos-containing materials that are being removed, have been removed, or may have fallen off components during an asbestos project shall be carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise damaged.
(g) 
All asbestos-containing waste materials shall be kept wet and shall be sealed in leak-tight containers (free of all asbestos residue) while still wet, as soon as possible after removal but no later than the end of each work shift.
(h) 
The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the Federal Occupational Safety and Health Administration.
(i) 
Immediately after sealing, each leak-tight container shall be permanently marked with the date the material was collected for disposal, the name of the waste generator, and the address at which the waste generated. This marking must be readable without opening the container.
(j) 
Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.
(k) 
The asbestos-containing waste material shall be stored in a controlled area until transported to an approved waste disposal site.
(3) 
Method of Removal for Nonfriable Asbestos-Containing Roofing Material. The following asbestos removal method shall be employed for asbestos-containing roofing material that has been determined to be nonfriable by a competent person or an AHERA project designer:
(a) 
The nonfriable asbestos-containing roofing material shall be removed using methods such as spud bar and knife. Removal methods such as sawing or grinding shall not be employed;
(b) 
Dust control methods shall be used as necessary to assure no fugitive dust is generated from the removal of nonfriable asbestos-containing roofing material;
(c) 
Nonfriable asbestos-containing roofing material shall be carefully lowered to the ground to prevent fugitive dust;
(d) 
After being lowered to the ground, the nonfriable asbestos-containing roofing material shall be immediately transferred to a disposal container; and
(e) 
Each disposal container shall have a sign identifying the material as nonfriable asbestos-containing roofing material.
(Ord. 96 § 12.05, 6-7-1997 (Res. 97-0118))
(1) 
Friable Asbestos-Containing Material Removal Alternative. An alternate asbestos removal method may be employed for friable asbestos-containing material if an AHERA project designer (who is also qualified as a certified hazardous material manager, certified industrial hygienist, registered architect, or professional engineer) has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in TTC § 8.25.650(2) in controlling asbestos emissions. The property owner or the owner’s agent shall document through air monitoring at the exhaust from the controlled area that the asbestos fiber concentrations outside the controlled area do not exceed 0.01 fibers/cc, eight-hour average.
The Control Officer may require conditions in the order of approval that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the order of approval for cause.
(2) 
Nonfriable Asbestos-Containing Material Removal Alternative. An alternate asbestos removal method may be employed for nonfriable asbestos-containing material if a competent person or AHERA project designer has evaluated the work area, the type of asbestos-containing material, the project work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in TTC § 8.25.650(2) in controlling asbestos emissions.
The Control Officer may require conditions in the order of approval that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the order of approval for cause.
(3) 
Leaving Nonfriable Asbestos-Containing Material in Place During Demolition. Nonfriable asbestos-containing material may be left in place during a demolition, if an AHERA project designer (who is also qualified as a certified hazardous materials manager, certified industrial hygienist, registered architect, or professional engineer) has evaluated the work area, the type of asbestos-containing materials involved, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the asbestos-containing material will remain nonfriable during all demolition activities and the subsequent disposal of the debris.
The Control Officer may require conditions in the order of approval that are reasonably necessary to assure the asbestos-containing material remains nonfriable, and may revoke the order of approval for cause.
(Ord. 96 § 12.06, 6-7-1997 (Res. 97-0118))
(1) 
Except as provided in subsection (3) of this section, it shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless it is deposited within 10 days of removal at a waste disposal site authorized to accept such waste.
(2) 
Waste Tracking Requirements. It shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless the following requirements are met:
(a) 
Maintain waste shipment records, beginning prior to transport, using a form that includes the following information:
(i) 
The name, address, and telephone number of the waste generator;
(ii) 
The approximate quantity in cubic meters or cubic yards;
(iii) 
The name and telephone number of the disposal site operator;
(iv) 
The name and physical site location of the disposal site;
(v) 
The date transported;
(vi) 
The name, address, and telephone number of the transporter; and
(vii) 
A certification that the contents of the consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition to transport by highway according to applicable international and governmental regulations.
(b) 
Provide a copy of the waste shipment record to the disposal site at the same time the asbestos-containing waste material is delivered.
(c) 
If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 35 calendar days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment.
(d) 
If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter, report in writing to the Control Officer. Include in the report a copy of the waste shipment record and a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.
(e) 
Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two years.
(3) 
Temporary Storage Site. A person may establish a facility for the purpose of collecting and temporarily storing asbestos-containing waste material if the facility is approved by the Control Officer and all the following conditions are met:
(a) 
Accumulated asbestos-containing waste material shall be kept in a controlled storage area posted with asbestos warning signs and accessible only to authorized persons;
(b) 
All asbestos-containing waste material shall be stored in leak-tight containers and the leak-tight containers shall be maintained in good condition;
(c) 
The storage area must be locked except during transfer of asbestos-containing waste material; and
(d) 
Storage, transportation, disposal, and return of the waste shipment record to the waste generator shall not exceed 90 days.
(4) 
Disposal of Asbestos Cement Pipe. Asbestos cement pipe used on public rights-of-way, public easements, or other places receiving the prior written approval of the Control Officer may be buried in place if the pipe is covered with at least three feet or more of nonasbestos fill material. All asbestos cement pipe fragments that are one linear foot or less and other asbestos-containing waste material shall be disposed of at a waste disposal site authorized to accept such waste.
(Ord. 96 § 12.07, 6-7-1997 (Res. 97-0118))