Thursday, June 20, 2013

Lead Rule Schmed Rule Part 2

So, Since the last post I've learned some stuff by talking to people on the 'inside' of lead abatement enforcement.

How To Get The Feds Attention
First off, If you want to anonymously report what you suspect is some crazy bad lead paint removal to the EPA the more direct line to the guy in charge of this part of the US is this web address and complaint form.
The FEDS name is Max Weintraub and his email is weintraub.Max@epa.gov  His direct phone line is 415-947-4163
I've been told that the EPA seriously drags their feet on these kinds of things and they hardly ever fine anyone....
So, if you think that this is a situation where feet should not be dragged please, please, please, feel free to give Max a call or an email and just say something like, 'Hey Max, don't sweep that chezneumansky guys complaint under the rug, Fine these guys!'

California Has Its Own Version Of The EPA RRP Rule
The fines are lame $1000 and or 6 months in Jail.

Here is some pertinent verbiage cut and pasted from their website.

§36050. Lead-Safe Work Practices.
(a) Any individual conducting lead activities, excluding lead hazard evaluation, shall:
(1) Use containment;
(2) Ensure that the work area has no visible dust or debris following the completion of a project;
(3) Demonstrate compliance with (a)(1) and (a)(2) to the Department or local enforcement agency, as defined in section 105251 of the Health and Safety Code, upon request.

§36100. Requirements for Abatement for Public and Residential Buildings.
 
(a) Abatement for public and residential buildings which is designed to reduce lead paint or lead
hazards for a minimum of twenty years shall be conducted:

(1) Only by a certified lead supervisor or a certified lead worker. A certified lead supervisor shall be onsite during all work site preparation and during the post-abatement cleanup of work
areas. At all other times when abatement is conducted, the certified lead supervisor shall be
onsite or available by telephone, pager or answering service, and able to be present at the work
area in no more than two hours.

(2) According to the procedures specified in Chapter 12: Abatement, “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” U.S. Department of
Housing and Urban Development, June 1995.

(3) Using containment and in a manner which does not result in contamination of non-work areas with lead-contaminated dust, lead-contaminated soil, or lead-based paint debris.

(4) In accordance with an abatement plan prepared by a certified lead supervisor, certified lead project monitor, or certified lead project designer which shall:

(A) Include the following information:
1. A detailed written description of the measures and management procedures, including containment, that will be utilized during abatement to prevent exposure to
lead hazards;

2. A detailed written description of abatement, including methods of abatement and locations of rooms and components where abatement is planned;

3. A recommended schedule for re-inspection, based upon the type of abatement; and
4. Instructions on how to maintain potential lead hazards in safe condition.
(B) Be retained and made available to the Department upon request for a period of at least three years by the preparer.

(5) After notification is posted and delivered pursuant to subsection (c), the certified lead supervisor conducting abatement shall retain records of notification for at least three years.

(6) In a manner in which after abatement is completed, a clearance inspection is conducted in accordance with Section 36000(a) and Section 36000(c)(3) of this Chapter.

(b) Abatement for public and residential buildings which is designed to reduce lead paint or lead hazards for less than twenty years shall be conducted:

(1) According to procedures specified in Chapter 11: Interim Controls, “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” U.S. Department of
Housing and Urban Development, June 1995.

(2) Using containment and in a manner which does not result in contamination of non-work areas
with lead-contaminated dust, lead-contaminated soil, or lead-based paint debris.
 
(3) In a manner to ensure that the work area has no lead contaminated dust following the
completion of abatement.

(4) In a manner to ensure that a clearance inspection is conducted following the completion of abatement, if abatement was conducted in response to an identified case of lead poisoning as
defined in Section 105280(b) of the California Health and Safety Code.

(5) After notification is posted and delivered pursuant to subsection (c).
(c) Prior to conducting abatement, the individual conducting abatement shall provide notification by completing an Abatement of Lead Hazards Notification, CDPH Form 8551 (6/07), form and:

(1) Posting at all entrances to the work area a copy of the completed form which shall not be removed until abatement has been completed and, for abatement conducted pursuant to
subsection (a), a clearance inspection has been completed; and

(2) Delivering a copy of the completed form to the Department. Except for abatement conducted in response to an identified case of lead poisoning as defined in section 105280(b) of the
Health and Safety Code, the completed form shall be delivered to the Department at least five
days prior to conducting abatement.

(d) Any individual conducting abatement or disturbing lead-based paint without containment shall

permit the Department, or enforcement agencies, as specified in the California Health and Safety
Code Sections 17960, 17961, and 17965, to access work areas to determine compliance with the
requirements of this section.

 

How To Get The Local Lead Guy For Alameda County To Do Something

Call 510-567-8272 and ask for David Crosby
I did just that and he was out at the construction site the same day!! Yay for local government!
He was even nice enough to call me back after his visit and chat with me for quite a while.
David had a funny story to tell about inspecting the site.
He showed up and told the GC who he was and that he needed to take a look around.
The GC starts trying to bully him and preventing him from looking at certain areas.
All the while the GC is spewing this nonsense about how, 'this is how we always do it, see its fine!'
Then, (I freaking love this part) Dave whips out my blog post and says something like, I got the truth right here. After that the GC backed away.
Turns out that after like two days of scrambling they still were way out of compliance with most of the Federal rules AND the California rules.

What Else Can I Do?
I sent the blog post link to 'Seven On Your Side'. but other than that I am out of ideas.
Anyone got any good ideas?

Up Next
The Plot Thickens.....even more.

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