§ 8-4-403 - Definitions. - Arkansas Statutes

8-4-403. Definitions.

As used in this subchapter:

(1) (A) "Abatement" means any measures or set of measures that results in the permanent elimination of lead-based paint hazards.

(B) "Abatement" includes, but is not limited to:

(i) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and removal or covering of lead-contaminated soil; and

(ii) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

(C) Specifically, "abatement" includes, but is not limited to:

(i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:

(a) Shall result in the permanent elimination of lead-based paint hazards; or

(b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivisions (1)(B)(i) and (ii) of this section;

(ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified in accordance with this subchapter, unless such projects are covered by subdivision (1)(D) of this section;

(iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by subdivision (1)(D) of this section; or

(iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(D) (i) "Abatement" does not include renovations, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.

(ii) Furthermore, "abatement" does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards;

(2) "Certificate" means a document issued by the Arkansas Department of Environmental Quality to any individual who satisfactorily completes such training and examination and meets any other applicable requirements established by the department;

(3) "Child-occupied facility" means a building or operation of a building constructed prior to 1978, visited regularly by the same child six (6) years of age or under on at least two (2) different days within any week, Sunday through Saturday period, provided that each day's visit lasts at least three (3) hours and the combined weekly visit lasts at least six (6) hours. Child-occupied facilities may include, but are not limited to, daycare centers, preschools, and kindergarten classrooms;

(4) "Commission" means the Arkansas Pollution Control and Ecology Commission;

(5) "Consultant" means any person or other legal entity, however organized, that acts as an agent for the owner and performs lead-based paint activities and meets all other requirements established by the Arkansas Department of Environmental Quality;

(6) "Contractor" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities as an agent for the owner and meets all other requirements of the department;

(7) "Department" means the Arkansas Department of Environmental Quality;

(8) "Director" means the Director of the Arkansas Department of Environmental Quality;

(9) "Inspector" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct inspections and meets all other requirements established by the department. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;

(10) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm[2]) or more than five-tenths percent (0.5%) by weight;

(11) "Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in this subchapter;

(12) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by TSCA Section 403;

(13) "License" means a document issued by the department to a firm or training provider that meets all applicable requirements as established by the department;

(14) "Project designer" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to plan and design or who plans and designs abatement projects;

(15) "Risk assessor" means an individual who has been trained by an accredited training program as certified by this subchapter or the Environmental Protection Agency to conduct risk assessments and meets all other requirements established by the department. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing;

(16) "Supervisor" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to supervise and conduct abatements and to prepare occupant protection plans and abatement reports and meets all other requirements established by the department;

(17) "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities, unless any one (1) or more children age six (6) years or under resides or is expected to reside in such housing for the elderly or persons with disabilities, or any zero-bedroom dwelling;

(18) "Training provider" means any person or other legal entity, however organized, that conducts courses for the purposes of certifying individuals for purposes of this subchapter and meets all other requirements established by the department; and

(19) "Worker" means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency and meets to perform abatements and meets all other requirements established by the department.