SECTION 1. PURPOSE. It is the purpose of this Act to protect

the public health and safety and the environment, and to qualify the

Arkansas Department of Pollution Control and Ecology to adopt,

administer, and enforce a program for licensing contractors engaged in

the removal of friable asbestos materials from facilities in accordance

with the provisions of this Act, the Arkansas Water and Air Pollution

1. "Friable asbestos material" means any material containing

more than one percent asbestos by weight that hand pressure can crumble,

pulverize or reduce to powder when dry.

2. "Facility" means any institutional or commercial structure,

installation or building (excluding apartment buildings having no

more than four-dwelling units).

(c) "Removal" means to take out friable asbestos material from any facility.

3. "Disposal" means the proper depositing or placing of friable

asbestos material in a sanitary landfill permitted by the Arkansas

Department of Pollution Control and Ecology to accept such waste material.

4. "Contractor" means any person or other legal entity, however

organized, that engages in the removal of friable asbestos material

from any facility other than

those persons or other legal entities engaged in removal of friable

asbestos material from a facility owned or operated by such person or legal entity.

(f) "Director" means the Director of the Arkansas Department

of Pollution Control and Ecology.

(g) "Department" means the Arkansas Department of Pollution

Control and Ecology.

SECTION 3. POWERS AND DUTIES OF DEPARTMENT.

The Department shall be charged with the responsibility of administering

and enforcing this Act and is hereby given and charged with the following

powers and duties:

of this Act and any regulations issued

pursuant thereto, to renew said licenses, and to suspend or revoke

said licenses for cause and after notice and opportunity for hearing;

(e) To establish an annual license fee of One Hundred Dollars

($100.00) to recover the costs of processing license applications and

issuance of licenses, and to establish such other fees necessary to recover

costs of training and examinations hereunder.

(f) In addition to the foregoing, the Department shall have

and may use in the administration and enforcement of this Act,

all of the powers of the Department provided under other acts administered

by it including, but not limited to, the Arkansas Water and Air

Pollution Control Act, as amended (Ark. Stat, Ann. 82-1901 et seq.).

SECTION 4. PROCEDURE. The procedure of the Department

and Commission for issuance of rules and regulations, conduct of

hearings, notice, power of subpoena, review of action on

licenses, right of appeal, presumptions, finality of actions, and

related matters shall be as provided in Part I of the Arkansas Water

and Air Pollution Control Act, as amended, including, but not

limited to, Ark. Stat. Ann. 82-1904(11) and 82-1906.

1. From and after January 1, 1986, any contractor shall

obtain a license hereunder from the Department prior to engaging

in the removal of friable asbestos from any facility in this State.

2. The application for license shall be made in the manner

and form required by the Department. An application for license,

nied by an application fee and proof of liability insurance coverage in

the form and amount required by the Department and proof of such training

and examination as required by the Department.

(c) The Department shall license all applicants for licenses under

this Act who satisfy the requirements of this Act. Licenses shall be

valid for a period of one year. Licenses shall be renewable upon

application and upon satisfying the renewal requirements of the Department.

(d) State and Federal governments and subdivisions thereof shall

be exempt from the license fee and insurance requirements of this Section.

SECTION 6. UNLAWFUL ACTS. It shall be unlawful for any person:

1. To remove friable asbestos materials from a facility without

having first obtained a license from the Department when acting as a contractor;

2. To violate any provision of this Act or any regulation or order

adopted or issued under this Act;

3. Knowingly to make any false statement, representation,

or certification in any application, record, report, or other document

filed or required to be maintained under this Act or regulations adopted

pursuant thereto, or to falsify, tamper with, or knowingly render

inaccurate any monitoring device or method required to be maintained

under this Act or any regulations adopted pursuant thereto; or

4. To remove, transport or dispose of friable asbestos materials

from a facility contrary to the regulations

ACT 394 ACTS OF ARKANSAS 727

or orders issued under this Act or contrary to the provisions of the

Arkansas Water and Air Pollution Control Act, as amended (Ark. Stats. Ann.

82-1901 - 82-1909, 82-1931 - 82-1943) and the Arkansas Solid Waste

Management Act, as amended (Ark. Stats. Ann. 82-2701 et seq.),

and the regulations promulgated thereunder, whether or not such person

is required to have a license hereunder.

SECTION 7. PENALTIES.

1. Any person who violates any provision of this Act or commits

any unlawful act thereunder or violates any regulation or order of the

Commission shall be guilty of a misdemeanor and upon conviction thereof,

shall be subject to imprisonment for not more than one (1) year, or a fine of

not more than Ten Thousand Dollars ($10,000.00), or by both fine and

imprisonment. Each day or part of a day during which such violation is

continued or repeated shall constitute a separate offense. Any person

who violates any provision of this Act or commits any unlawful act thereunder

or violates any regulation or order of the Commission and leaves the State

or removes his person from the jurisdiction of this State shall be guilty of

a felony and upon conviction thereof, shall be subject to imprisonment

not more than five (5) years, or a fine of not more than Ten Thousand

($10,000.00), or by both such fine and imprisonment. Each day or part

of a day during which such violation is continued or repeated shall

constitute a separate offense.

2. Any person who violates any provision of this Act, or the

regulations issued pursuant to this Act, or who violates any condition

of a license issued hereunder, may be assessed a civil penalty by the

Commission. Such penalty shall not exceed Five Thousand Dollars

($5,000.00) for each violation. Each day of a continuing violation may

be deemed a separate violation for purposes of penalty assessments,

provided that no civil penalty may be assessed until the person charged

with the violation has been given the opportunity for a hearing on such

violation pursuant to Ark. Stat. Ann. 82-1906. Appeal of the Commission's

decision may be taken in accordance with the appellate procedures

specified in Ark. Stat. Ann. 82-1906.

(c) Any person who shall, except as permitted by law, willfully resist,

prevent, impede, or interfere with the Director or any authorized employees

or agents of the Department in the performance of duties pursuant to this Act

shall be guilty of a misdemeanor and may, upon conviction, be punished by

a criminal penalty of not more than One Thousand Dollars ($1,000.00) or

by imprisonment of or not more than thirty (30) days, or by both.

SECTION 8. SEPARABILITY. The provisions of this Act are hereby

declared to be separable and, if any provision shall be determined to be

invalid, it shall not affect the validity of the remaining provisions of this Act.

SECTION 9. REPEAL. All laws and parts of laws in conflict herewith

are hereby repealed to the extent of such conflict.

SECTION 10. EMERGENCY. It is hereby found and determined

by the General Assembly that present law does not now regulate persons

engaged in the business of removing asbestos from building structures;

that the danger of asbestos materials to the public health requires that persons

engaged in the business of removing such hazardous substances be qualified;

that this Act would result in insuring that only qualified persons remove asbestos

material from building structures and should be given effect immediately to provide protection

to the public as soon as possible. Therefore, an emergency is hereby

declared to exist and this Act being immediately necessary for the

preservation of the public peace, health and safety shall be in full

force and effect from and after its passage and approval.

APPROVED: March 18,1985.