South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 32, Issue 9, effective September 26, 2008.
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CHAPTER 61. - CONTINUED
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
61-80. Neonatal Screening For Inborn Metabolic Errors and Hemoglobinopathies.
Contents:
Section A. Purpose and Scope
Section B. Definitions
Section C. Testing
Section D. Collection of Specimen
Section E. Assurance of Diagnosis and Follow-Up
Section F. Storage of Specimen
Section G. Use of Stored Specimen
Section H. Forms
Section I. Enforcement Provision
Appendix A. Religious Objection Form: DHEC 1804, Newborn Screening Program, Parental Statement of Religious Objection
Appendix B. Information Release Form: DHEC 1878, Consent to Release Information Relative to Newborn Screening for Inborn Metabolic Errors and Hemoglobinopathies
Appendix C. Blood Sample Storage Options Form: DHEC 1812, Blood Sample Storage Options, Screening of Inborn Metabolic Errors and Hemoglobinopathies
Section A-Purpose and Scope
This regulation establishes rules implementing provisions of Section 44-37-30 of the South Carolina Code of Laws, 1976, as amended, regarding testing of newborn children for inborn metabolic errors and hemoglobinopathies. The Department of Health and Environmental Control has been given the legislative mandate to promulgate rules and regulations for screening for inborn metabolic errors and hemoglobinopathies and to ensure compliance with the screening of every child born in South Carolina. The responsibilities of the various agencies, institutions and persons involved in the screening process are defined. Procedures for storage and use of blood specimens and maintenance of confidentiality are included.
Section B-Definitions
1. Inborn Metabolic Errors--shall mean inborn errors of metabolism.
2. Hemoglobinopathy--shall mean a hematologic disorder or carrier state caused by alteration in the genetically determined molecular structure of hemoglobin which may result in overt anemia as well as clinical and other laboratory abnormalities.
3. Identifying Information--shall mean child's legal name, sex, race, birth date, time of birth, place of birth, birth weight, current weight, feeding type; parent's or legal guardian's complete name, complete address and telephone number; mother's Social Security Number.
4. Attending Physician--shall mean the physician who has entered into an agreement to provide care during and/or after delivery for the mother and/or her child. The physician listed on the laboratory form will be assumed to be the attending physician until notification to the contrary is received in accordance with Official Departmental Instructions.
5. Department--shall mean the South Carolina Department of Health and Environmental Control.
6. Laboratory--shall mean the South Carolina Department of Health and Environmental Control Bureau of Laboratories.
7. Bureau of Maternal and Child Health--shall mean an organizational unit of the South Carolina Department of Health and Environmental Control.
8. Official Departmental Instructions--shall mean detailed instructions approved by the Commissioner of the South Carolina Department of Health and Environmental Control or his designee under which the public and private health care providers, including hospitals, laboratories, clinics, physicians and their staffs screen all children born in South Carolina for designated Inborn Metabolic Errors and Hemoglobinopathies.
Section C-Testing
1. The Laboratory shall perform all screening tests for inborn metabolic errors and hemoglobinopathies using procedures compliant with the Clinical Laboratories Improvement Act of 1988, as amended, and approved by the Food and Drug Administration. If any result is abnormal, the appropriate test shall be repeated and confirmatory tests performed in accordance with Official Departmental Instructions.
2. The Laboratory, in conjunction with the Bureau of Maternal and Child Health, shall adopt standards for the quality assurance and interpretation of approved tests and for the collection of specimens.
3. Confirmation and repeat specimen testing are available from the Laboratory at no charge to patients suspected or diagnosed as having one of the diseases if the analysis is completed at the Laboratory.
4. Test results and identifying information are to be reported and recorded in accordance with Official Departmental Instructions.
Section D-Collection of Specimen
1. A specimen shall be collected from every child born in South Carolina for the purpose of screening for inborn metabolic errors and hemoglobinopathies.
2. Births in a Hospital
a. The attending physician is responsible for the collection of the specimen from every child born in the hospital in accordance with Official Departmental Instructions and is responsible for submission of the specimen to the Laboratory on the day of collection.
b. Under the direction of the attending physician, the specimen shall be collected under the most favorable conditions following the procedures specified in the Official Departmental Instructions. The brochure produced by the Department that explains newborn screening for inborn metabolic errors and hemoglobinopathies and blood specimen storage options shall be given to the parent or legal guardian of the child.
c. A specimen shall be collected from every child born in the hospital prior to release from the hospital (except when the parents object due to religious convictions) in accordance with the procedure specified in the Official Departmental Instructions. If the parent objects to the screening on the basis of religious convictions, the parent shall complete the procedure specified in the Official Departmental Instructions.
d. If for some reason the specimen is not collected at the hospital, the hospital shall then be responsible for notifying the Bureau of Maternal and Child Health as specified in the Official Departmental Instructions.
e. The Hospital shall review the patient record for each child born in the hospital no later than ten (10) days after delivery to ensure that a specimen was collected and submitted to the Laboratory.
3. Births Outside a Hospital
a. The attending physician is responsible for the collection of the specimen from every child in accordance with the Official Departmental Instructions and for submission of the specimen to the Laboratory on the day of collection.
b. Under the direction of the attending physician, the specimen shall be collected under the most favorable conditions following the procedure specified in the Official Departmental Instructions. The brochure produced by the Department that explains newborn screening for inborn metabolic errors and hemoglobinopathies and blood specimen storage options shall be given to the parent or legal guardian of the child.
c. If the parents object to the screening on the basis of religious convictions, the parents shall complete the procedure specified in the Official Departmental Instructions.
d. If for some reason the specimen is not collected within three (3) days of delivery by the attending physician, this physician shall notify the Bureau of Maternal and Child Health as specified in the Official Departmental Instructions.
e. If there is not an attending physician, then the person in attendance is responsible for the collection of the specimen. If there is no other person in attendance, then the parents or legal guardian shall notify the Health Department in the county in which the child resides within three (3) days of delivery so that a specimen may be collected.
Section E-Assurance of Diagnosis and Follow-up
1. Information obtained as a result of the tests conducted for screening for inborn metabolic errors and hemoglobinopathies is confidential and may be released only to the infant's physician or other staff acting under the direction of the physician, the child's parent or legal guardian, and the child when he/she is eighteen years of age or older.
2. Normal and abnormal test results will be forwarded by the Laboratory and/or Bureau of Maternal and Child Health to the attending physician who shall be responsible for informing the parents or legal guardian of test results.
3. If the child is not under the care of the attending physician, as specified in the Official Departmental Instructions, the person in attendance shall notify the Bureau of Maternal and Child Health. The Department will then notify the parents or legal guardian of the test results.
4. Upon notification that a specimen was insufficient or that it is necessary for a test to be repeated, the attending physician shall collect and submit a second specimen to the Laboratory in accordance with Official Departmental Instructions.
5. The attending physician shall initiate appropriate medical follow-up and diagnosis when abnormal test results occur. If that is not possible, the Bureau of Maternal and Child Health shall be notified as specified in the Official Departmental Instructions.
6. The attending physician shall notify the Bureau of Maternal and Child Health of all children born in South Carolina who are diagnosed as having inborn metabolic errors or hemoglobinopathies.
7. Appropriate genetic counseling should be offered to all families of children with abnormal test results as outlined in the Official Departmental Instructions.
Section F-Storage of Specimen
1. Hospital staff or other persons who collect blood specimens for the purpose of screening for inborn metabolic errors and hemoglobinopathies shall inform each child's parent or legal guardian of the blood specimen storage options.
2. Hospital staff or other persons who collect these blood specimens shall give the brochure produced by the Department that explains newborn screening for inborn metabolic errors and hemoglobinopathies to the parent or legal guardian as a means of informing them of the benefits of screening and blood specimen storage. Hospital staff or other persons who collect these blood specimens shall indicate that the brochure was given to the parent or legal guardian by documenting in the appropriate space on the Blood Sample Storage Options Form.
3. The Laboratory shall store all specimens at minus 20° Centigrade and may release specimens for purposes of confidential, anonymous scientific study unless prohibited by the parents, legal guardians, or children from whom the specimens were obtained when the children are eighteen years of age or older.
4. Hospital staff or other persons who collect these specimens shall ensure that the parent's or legal guardian's storage choice is documented on the Blood Sample Storage Options form if the parent or legal guardian does not agree to have their child's blood specimen stored and potentially released for confidential, anonymous scientific study. In these instances, the Laboratory shall maintain all such specimens based upon the storage option chosen by the parent or legal guardian as documented on the Blood Sample Storage Options form.
Section G-Use of Stored Specimen
1. Stored blood specimens may be released for the purposes of confidential, anonymous scientific study unless prohibited by the parent, legal guardian, or child from whom the specimen was obtained when he/she is eighteen years of age or older.
2. The Department's Institutional Review Board shall approve all scientific studies that use stored blood specimens before the specimens are released.
3. Blood specimens released for scientific study shall not contain information that may be used to determine the identity of the children from whom they were obtained by the person(s) to whom the specimens are released. The Department shall code the specimens before releasing them so that the Department can identify the children from whom the blood specimens were obtained if necessary.
4. If any such scientific study identifies genetic or other information that may benefit the children from whom the specimens were obtained, the Department may confidentially provide this information to the parents, legal guardians or children from whom the specimens were obtained when the children are eighteen years of age or older.
Section H-Forms
1. Religious Objection Form: The Religious Objection Form, Appendix A of this regulation, shall be completed if the parents refuse newborn screening for inborn metabolic errors and hemoglobinopathies for their child based upon religious convictions.
2. Information Release Form: The Information Release Form, Appendix B of this regulation, may be completed as needed for release of information regarding newborn screening for inborn metabolic errors and hemoglobinopathies to persons other than those specified elsewhere in this regulation.
3. Blood Sample Storage Options Form: The Blood Sample Storage Options Form, Appendix C of this regulation, shall be completed if the parents or legal guardians do not agree to have their child's specimen stored and potentially released for confidential, anonymous scientific study.
Section I-Enforcement Provision
1. Constitutionality
If any part or provision of these regulations is legally declared unconstitutional or if the application thereof to any persons or circumstances is held invalid, the validity and constitutionality of the remainder of these regulations shall not be affected thereby.
2. Penalties
Violation of these regulations shall be punishable in accordance with Section 44-37-30 of the Code of Laws of South Carolina, 1976, as amended.
APPENDIX A: Religious Objection Form: DHEC 1804, Newborn Screening Program, Parental Statement of Religious Objection
I am the parent or legal guardian of __________, a child born __________ in South Carolina. I request that my child not be tested by blood spot screening in order to detect silent, deadly metabolic diseases and hemoglobinopathies. I certify that this refusal is based on religious grounds. Religious grounds are the only permitted reason for refusal under South Carolina law, Section 44-37-30 (C).
I understand that my child may suffer brain damage, other bodily harm or death if a disease that can be detected by blood spot screening is not diagnosed. I understand that such harm can be lessened or prevented by early diagnosis and treatment. I understand that these diseases are usually silent, and may be present in a child that looks healthy. I understand that the blood spot screening test is the best way to detect these disorders early, and that testing is routinely done for every child. I understand that this testing is quick, easy and that the results are confidential. I understand that this testing has been the standard of care for all children born in South Carolina and the rest of the United States for many years.
I have been fully informed of, and fully understand, the possible devastating consequences to my child's health if blood spot screening is not done. I have been fully informed of, and fully understand the benefits of testing and blood specimen storage. I have been given the brochure produced by the South Carolina Department of Health and Environmental Control that describes the conditions for which testing is currently available and explains the benefits of testing and blood specimen storage. I also understand that my child would have been tested for these conditions except for my objection. I have been given the opportunity to ask questions concerning this testing and these conditions, and all of my questions have been fully answered to my satisfaction.
I release and hold harmless the South Carolina Department of Health and Environmental Control, the hospital or other facility at which the birth occurred, the person(s) responsible for the collection of the blood spots, and any other person or entity relying on this objection, for any injury, illness and/or consequences, including the death of my child, which may result to my child as the result of my refusal of blood spot screening.
Parent: __________ Date: __________
Witness: __________
NOTE TO PROVIDERS: This form is only necessary if the parent or legal guardian refuses testing for inborn metabolic errors and hemoglobinopathies.
APPENDIX B: Information Release Form: DHEC 1878, Authorization to Release Information Relative to Newborn Screening for Inborn Metabolic Errors and Hemoglobinopathies
Please check all boxes that apply.
[ ] A. I agree that information about __________, born __________, obtained as a result of tests conducted for screening for inborn metabolic errors and hemoglobinopathies may be released or exchanged with the following providers:
__________
__________
__________
[ ] B. In cases where this information is immediately needed for continuity of health care, I authorize the South Carolina Department of Health and Environmental Control to provide this information to the providers listed above by fax.
[ ] C. I authorize my signed form to be faxed to the providers listed above.
I understand that my confidentiality cannot be guaranteed when sending this information by fax. I understand that the copy of my signature below may be treated as an original signature.
I am the client, parent or legal guardian. I understand that I am responsible for this information if it is released to me and that my records are protected generally under state laws as well as statutes governing specific types of information and cannot be disclosed without my authorization. I also understand that I may revoke this authorization at any time except to the extent that action has been taken on it.
Signature: __________ Date: __________
Witness: __________ Date: __________
Revoked: __________ Date: __________
Some babies are born with diseases of the blood or body function. A baby with one of these diseases looks healthy. However, these diseases can cause mental retardation, abnormal growth, infections, or death. Some of these diseases can be found by early testing. This testing, called newborn screening, is important so that your baby is not harmed by one of these diseases. During newborn screening, a small sample of your baby's blood is taken from the heel. The blood is tested. The blood shows if your baby has any of the "newborn screening" diseases. If your baby has one of these diseases, your doctor can treat your baby.
DHEC can store your baby's blood sample for special study. Studies help DHEC find out new information about diseases. If a study finds something in your child's blood sample that can help your child, DHEC can confidentially notify you (or your child if he/she is 18 years or older).
APPENDIX C: Blood Sample Storage Options Form: DHEC 1812, Blood Sample Storage Options, Screening for Inborn Metabolic Errors and Hemoglobinopathies
Child's complete legal name: __________
Child's date of birth: __________
Parent or legal guardian's complete name: __________
Parent or legal guardian's complete address: __________
South Carolina law requires the Department of Health and Environmental Control to store your child's blood sample in a manner required by law. The blood sample is collected on a special piece of filter paper. This is called "newborn screening." The blood is tested to see if your child has one of the "newborn screening" diseases that can cause mental retardation, abnormal growth or even death. After the tests are done, the filter paper is stored in a freezer at the state laboratory. This storage is highly protected, and each sample is held under strict confidentiality. A child's blood sample can only be released for approved research, without any identifying information, to learn new information about diseases. The law allows you to choose one of the options below, if you do not want your child's blood sample handled this way. However, you are not required to check one of the boxes below.
[ ] I want my child's blood sample stored by the South Carolina Department of Health and Environmental Control, but I do not want my child's blood sample to be used for research.
[ ] I want my child's blood sample destroyed by the South Carolina Department of Health and Environmental Control two years after the date of testing.
[ ] I want my child's blood sample to be returned to me two years after the date of testing. I understand that it is my responsibility to notify the South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC, 29201, of address or name changes.
I have been given the brochure produced by the South Carolina Department of Health and Environmental Control that describes the conditions for which testing is currently available and explains the benefits of testing and blood sample storage.
Parent: __________ Date: __________
I have given the brochure produced by the South Carolina Department of Health and Environmental Control to the parent/legal guardian of the child named above.
Name: __________ Date: __________
DHEC can store your baby's blood sample for special study. Studies help DHEC find out new information about diseases. If a study finds something in your child's blood sample that can help your child, DHEC can confidentially notify you (or your child if he/she is 18 years or older).
IF THIS FORM IS NOT SIGNED BY A PARENT/LEGAL GUARDIAN AND/OR NONE OF THE ABOVE BOXES ARE CHECKED, THE BLOOD SAMPLE WILL BE STORED AS REQUIRED BY SC CODE ANN. Section 44-37-30 AT -20 DEGREES CENTIGRADE AND MAY BE RELEASED ONLY FOR CONFIDENTIAL, ANONYMOUS SCIENTIFIC STUDY.
NOTE TO PROVIDERS: The parent or legal guardian is not required to sign this form. However, the person who gives the brochure that explains neonatal testing and blood sample storage to the parent or legal guardian must sign this form.
61-81. State Environmental Laboratory Certification Program.
Table of Contents
A. Authority
B. Purpose
C. Scope
D. Definitions
E. Parameters Requiring Certification
F. Certification Criteria
G. Certification
H. Loss of Certification
I. Recertification
J. Contract Laboratories
K. Appeals
L. Reciprocity
M. Effective Date
A. Authority
This Regulation implements Code Section 44-55-10 et seq., known as the South Carolina Safe Drinking Water Act; Code Section 48-1-10 et seq., known as the South Carolina Pollution Control Act; and Act #436 of 1978, known as the South Carolina Hazardous Waste Management Act.
B. Purpose
This Regulation provides the mechanism to assure the validity and quality of the data being generated for compliance with State regulations.
C. Scope
This Regulation applies to any laboratory performing analyses to determine the quality of air, drinking water, hazardous waste, solid waste, or wastewater; performing bioassays; or performing any other analyses related to environmental quality evaluations required by the Department or which will be officially submitted to the Department.
D. Definitions
(1) "Acceptable results" means a variance of less than plus or minus two (2) standard deviations from the true value of a performance audit sample, as utilized by the EPA for its evaluation of state laboratories, unless another variance for a specific parameter is announced prior to the analysis.
(2) "Board" means the governing body of the South Carolina Department of Health and Environmental Control.
(3) "Certificate" means that document issued by the State Environmental Laboratory Certification Officer showing those parameters for which a laboratory has received certification. The certificate remains the property of the Department and must be surrendered at the direction of the Department.
(4) "Certification" means a declaration by the Department that a laboratory has been evaluated under the State Environmental Laboratory Certification Program and found acceptable to analyze specified parameters.
(5) "CFR" means the Code of Federal Regulations.
(6) "Commissioner" means the duly constituted Commissioner of the Department or his authorized agent.
(7) "Department" means the South Carolina Department of Health and Environmental Control, including personnel thereof authorized and empowered by the Board to act on behalf of the Department or Board.
(8) "EPA" means the United States Environmental Protection Agency.
(9) "Evaluation" means a complete review of the quality control procedures, records keeping, reporting procedures, methodology, and analytical technique of a laboratory for specific parameters.
(10) "Interim approval" means a declaration by the Department that a laboratory has been evaluated under the State Environmental Laboratory Certification Program prior to the date of required certification and has been determined to be in substantial compliance with its requirements.
(11) "Laboratory" means any facility that performs analyses to determine the quality of air, drinking water, solid waste, hazardous waste, wastewater, performs bioassays; or any other analyses related to environmental quality evaluations required by the Department or which will be officially submitted to the Department.
(12) "Laboratory Director" means that person who has been given the responsibility by the laboratory's governing body (owners, directors, commissioners, councilmen, mayor, board members or who so ever occupies the status of proprietor) of supervising the operations of the laboratory and insuring the quality of data reported.
(13) "Performance audit sample" means a sample in which the concentrations of the constituents required for certification are known only to the State Environmental Laboratory Certification Officer and is used to determine analysts' proficiency.
(14) "State Environmental Laboratory Certification Officer" means that person designated by the Department who is responsible for the management of the State Environmental Laboratory Certification Program or his authorized delegate.
E. Parameters Requiring Certification
Certification of the laboratory is required before the Department will accept analytical data for any parameter required by the following:
(1) State Safe Drinking Water Act and Regulation
(2) State Pollution Control Act and Regulations
(3) State Solid Waste Management Regulation
(4) State Hazardous Waste Act and Regulations
F. Certification Criteria
It is the responsibility of the Department to inform laboratories certified under this regulation and those who have applied for certification of requirements in acceptable procedures, methodology, techniques, facilities, quality control, records keeping, and equipment, including any changes in those requirements. At no time shall requirements be imposed on a laboratory as a condition of certification that are not also imposed on the environmental laboratories of the Department.
G. Certification
It is the responsibility of the laboratory to initiate the application for certification under this Regulation. A pre-evaluation form must be filed with the Department, if requested by the State Environmental Laboratory Certification Officer. Upon review of the information provided, an on-site evaluation will be scheduled.
Each laboratory requesting certification will be evaluated by the State Environmental Laboratory Certification Officer who may be assisted by members of the Department's environmental laboratory staff upon his request. A written report will be filed with the State Environmental Laboratory Certification Officer within thirty (30) days following the evaluation. A copy of this report will be mailed to the Laboratory Director and the governing body.
(1) Issuance of Certification
Within seven (7) days of the receipt of the written report of the evaluation, the State Environmental Laboratory Certification Officer will notify the laboratory of his determination. If the adequacy of the laboratory capability and its proficiency have been established and in the absence of substantial deficiencies, certification will be issued to the laboratory for the evaluated parameters. The certificate will remain the property of the Department.
If there is an equipment deficiency, certification may be granted upon the receipt of a copy of a purchase order; or a repeat visit may be made to substantiate proper use of the item.
(2) Certification Continuance Between Evaluations
(a) In order to maintain certification for each parameter, the laboratory will analyze a minimum of one performance audit sample annually where technically feasible.
(b) In order to maintain certification, the laboratory will participate in split sampling with the Department Laboratory when required by the State Environmental Laboratory Certification Officer.
(3) Frequency of Certification
The laboratory will be evaluated for renewal of certification every three (3) years.
At any time during the certification period, at the discretion of the State Environmental Laboratory Certification Officer, an on site evaluation will be performed. For the convenience of the laboratory personnel and the evaluators, advanced notice of the inspection will be given.
(4) Laboratory Name
Any facility certified under this program will maintain only one name for the facility. This name will be used in all official correspondence with the Department.
H. Loss of Certification
(1) Total Laboratory Certification
Once certified, a laboratory's certificate will be withdrawn for knowingly and willfully falsifying data.
(2) Parameter Certification
Once certified, a laboratory will have its certification for a parameter withdrawn by failure to:
(a) Obtain acceptable results on a performance audit sample and a repeat audit sample.
(b) Comply with any part of Section F of this Regulation.
(c) Report results of performance audit samples within thirty (30) calendar days of receipt of samples.
I. Recertification
(1) A laboratory having lost certification for falsifying reports or misrepresenting data will not be eligible for recertification for a period of one (1) year, unless the responsible individual(s) is/are no longer associated with the laboratory.
(2) A laboratory having lost parameter certification as described in Section H(2) will have its certification reinstated after obtaining acceptable results on a performance audit sample.
J. Contract Laboratories
Any laboratory which sub-contracts analytical work to another must establish that the contracted laboratory has been certified by the Department for the appropriate parameters. Laboratory records must indicate who performs the analyses and the name of the contract laboratory must be included in these records.
K. Appeals
In the event a Laboratory Director disagrees with a decision affecting certification, an appeal, in accordance with Department Regulation #72, December 28, 1976, entitled "Procedures for Contested Cases", can be made to the Board.
L. Reciprocity
Laboratories, located in other states, which have been certified under an equivalent program, as determined by the State Environmental Laboratory Certification Officer, are eligible for certification under this Regulation. A notarized copy of the laboratory's certificate and a copy of the program, if requested, must be received by the Department prior to consideration for State certification.
Laboratories in states without an equivalent program may be evaluated under this Regulation upon payment of a fee, set by the Board, and expenses incurred by the Department evaluator(s).
M. Effective Date
This Regulation shall become effective January 1, 1981. Prior to the effective date, the Department may evaluate laboratories and make recommendations to assure compliance with the requirements of this Regulation, and issue an interim approval should the requirements be met before the effective date.
61-82. Proper Closeout of Wastewater Treatment Facilities.
Section I: Definitions
The definition of any work or phrase employed in Sections II, III, IV and V shall be the same as given in the S.C. Pollution Control Act. The following words or phrases, which are not defined in said law, shall be defined as follows:
1. Lagoon--Lagoon shall mean a relatively small body of water contained in an earthen basin of controlled shape which is designed for treatment or handling wastewater.
2. Package Plant--Package plant shall include prefabricated factory assembled units and other modular type units designed for the treatment of wastewater through activated sludge processes and modifications thereof. Although not generally considered a package plant, for the purpose of this Regulation, Imhoff tanks shall be considered a package plant.
3. Closeout--Closeout shall mean the cessation of waste treatment facility operations in accordance with the appropriate sections of this Regulation.
4. Abandonment--Abandonment shall mean the cessation of daily visits to the waste treatment facility by the certified operator in charge for the purpose of insuring proper operation and maintenance of a waste treatment facility.
5. "Should" and "Shall"--Should is permissive and shall is mandatory.
Section II: Proper closeout of lagoons
1. Lagoons shall be drained only after written permission has been obtained from DHEC and in accordance with one of the below procedures, (procedures in order of decreasing desirability):
a. Sewage from the lagoon may be pumped into the treatment facility or receiving system replacing the lagoon, provided that the rate is such that hydraulic and/or organic overloading and surging of the replacement system is prevented and provided that permission is obtained from the owner of the replacement system; or
b. If the above method is not possible, the lagoon may be drained into the receiving stream at a rate not exceeding the maximum design flow of the lagoon, provided that before draining, the lagoon is allowed to stabilize without additional inflowing sewage for a period not less than the design retention time of the lagoon.
c. If neither of the above methods is possible, an alternative method of closeout may be proposed for DHEC consideration.
2. In each of the above alternatives, the lagoon shall be drained from the surface of the lagoon to prevent accumulated solids on the bottom of the lagoon from being carried out of the lagoon.
3. After the treated sewage has been drained from the lagoon, solid accumulation on the bottom of the lagoon shall be allowed to dry. A disinfectant suitable for control of odors and vectors shall be applied to all remaining solids when determined necessary by DHEC. After drying, the solids should be mixed with soil and left on the bottom of the lagoon, be removed for disposal in an approved landfill, or disposed in some other approved method.
4. The lagoon may be filled with soil or may be allowed to remain bowlshaped, so as to be utilized for purposes other than waste handling, i.e., fish ponds, irrigation ponds, etc., provided that this practice does not violate local health and vector control regulations and DHEC approval of the close-out is obtained prior to any alternative use of the facility.
Section III: Proper closeout of package plants
Package plants shall be drained in accordance with one of the following procedures:
a. Sewage may be pumped into the treatment facility or receiving system replacing the package plant, provided that the rate is such that overloading of the replacement system is prevented and provided that permission is obtained from the owner of the replacement system; or
b. Sewage may be pumped into portable tanks for transfer and disposal in a sewer system, provided that permission is obtained from the owner of the receiving system.
Section IV: Proper closeout of waste treatment facilities not defined as lagoons and package plants.
Waste treatment facilities not defined as lagoons and package plants shall be closed out in accordance with guidelines issued by DHEC on an individual basis. These guidelines shall be designed to prevent health hazards and to promote safety in and around the abandoned sites.
Section V: Procedures applicable to all closeouts
1. A request for site inspection for closeout shall be made by the responsible official to DHEC.
2. A site inspection shall be conducted by DHEC and authorization to proceed with closeout granted by DHEC.
3. Monitoring as deemed necessary by DHEC to prevent water quality violations or nuisance conditions will be established on a case-by-case basis and carried out in accordance with DHEC guidance.
4. Upon completion of closeout the responsible party shall request an inspection by DHEC. The results of the inspection shall be reduced to writing and forwarded to the responsible official approving or disapproving the closeout. In cases of disapproval discrepancies shall be noted and a follow-up inspection scheduled.
5. Closeout will be considered accomplished only after approval in writing from DHEC.
6. Areas around all waste treatment facilities undergoing closeout shall remain secured until closeout has been accomplished. In an instance of package plant closeout, the plant shall remain secured until electrical power has been disconnected and the plant is removed from the premises and depressions resulting from the removal of the system filled.
Section VI: Penalties
Any person determined to be in violation of the procedures outlined in this Regulation or found to have abandoned a waste treatment facility without initiating and completing approved closeout of the waste treatment facility shall be subject to civil and criminal penalties prescribed in Section 48-1-320 and 48-1-330 of the South Carolina Code of Laws, 1976.
61-83. Transportation of Radioactive Waste Into or Within South Carolina.
Table of Contents
Section 1 Scope
Section 2 Definition
Section 3 Permits
Section 4 Shipper's Requirements
Section 5 Carrier's Requirements
Section 6 Disposal Facility Operator
Section 7 Penalties
Section 8 Severability Clause
Attachments:
Attachment I. ... . Form RHA-200P "Application for Radioactive Waste Transport Permit"
Attachment II. ... . Form RHA-PNC "Radioactive Waste Shipment Prior Notification and Manifest Form"
Attachment III. ... . Form RHA-CT "Radioactive Waste Shipment Certification Form"
1. SCOPE
1.1 This regulation applies to any shipper, carrier or other person who transports radioactive waste into or within this State, to any persons involved in the generation of radioactive waste within this State, and to any shipper whose radioactive waste is transported into or within this State or is delivered, stored, or disposed of within this State.
1.2 All persons subject to the provisions of this regulation shall comply with all applicable provisions of the Nuclear Regulatory Commission Title 10 CFR Part 71 as revised January 1, 2006, (with the exception of sections 71.2, 71.6, 71.14(b), 71.19, 71.24, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.52, 71.53, 71.55, 71.59, 71.61, 71.63, 71.64, 71.65, 71.71, 71.73, 71.74, 71.75, 71.77, 71.99 and 71.100), Regulation 61-83 of the 1976 Code of Laws of South Carolina, and any disposal facility radioactive material license requirements regarding the packaging, transportation, disposal, storage or delivery of radioactive materials.
2. DEFINITIONS
2.1 "Carrier" means any person transporting radioactive wastes into or within the State for storage, disposal or delivery.
2.2 "Department" means the Department of Health and Environmental Control including personnel authorized to act on behalf of the Department.
2.3 "Disposal facility" means any facility located within the State, which accepts radioactive waste for storage or disposal.
2.4 "Generation" means the act or process of producing radioactive wastes.
2.5 "Manifest" means the document used for identifying the quantity, composition, origin, and destination of radioactive waste during its transport to a disposal facility.
2.6 "Operator" means every person who drives or is in actual physical control of a vehicle transporting radioactive waste.
2.7 "Persons" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership or any other entity whatsoever.
2.8 "Permit" means an authorization issued by the Department to any person involved in the generation of radioactive waste, to transport such radioactive wastes or offer such waste for transport.
2.9 "Radioactive waste" means any and all equipment or materials, including irradiated nuclear reactor fuel, which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations, or licenses to be disposed of as radioactive waste.
2.10 "Radiological violation" means radioactive contamination or the emission of radiation in excess of applicable limits.
2.11 "Shipper" means any person, whether a resident of South Carolina or a non-resident:
2.11.1 who transfers radioactive waste to a carrier for transportation into or within the State; or,
2.11.2 who transports his own radioactive waste into or within the State; or,
2.11.3 who transfers radioactive waste to another person if such wastes are transported into or within the State.
2.12 "Transport" means the movement of radioactive wastes into or within South Carolina.
3. PERMITS
3.1 Before any shipper transports or causes to be transported radioactive waste into or within the State of South Carolina, he shall purchase an annual radioactive waste transport permit from the Department. An application for a permit shall be submitted on Department Form RHA-200P "Application for Radioactive Waste Transport Permit" together with the necessary fee to: Chief, Bureau of Radiological Health, S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina, 20201.
3.2 Before a permit shall be issued, the shipper must deposit and maintain with the Department a cash or corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00); or, provide to the Department satisfactory evidence of liability insurance.
3.2.1 For purposes of this regulation, liability insurance shall mean coverage of Five Hundred Thousand Dollars ($500,000.00) per occurrence and One Million Dollars ($1,000,000.00) aggregate, or as otherwise provided by State law.
3.2.2 Any insurance carried pursuant to Section 2210 of Title 42 of the United States Code and Part 140 of Title 10 of the Code of Federal Regulations shall be sufficient to meet the requirements of this section.
3.2.3 Liability insurance shall be specific to the packaging, transportation, disposal, storage and delivery of radioactive waste.
3.2.4 Shippers maintaining liability insurance for the purpose of this regulation may provide to the Department a certificate of insurance from their insurer indicating the policy number, limits of liability, policy date and specific coverage for packaging, transportation, disposal, storage and delivery of radioactive materials.
3.2.5 A cash or corporate surety bond previously posted will be returned to the shipper upon notification to the Department in writing of his intention to cease shipments of radioactive waste into or within the State. Such bond will be returned after the last such shipment is accepted safely at its destination.
3.3 Each permit application shall include a certification to the Department that the shipper will comply fully with all applicable State or Federal laws, administrative rules and regulations, licenses, or license conditions of the disposal facility regarding the packaging, transportation, storage, disposal and delivery of radioactive wastes.
3.4 Each permit application shall include a certification that the shipper will hold the State of South Carolina harmless for all claims, actions, or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the State including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the State's sovereign immunity; and, further provided, that agencies of the State of South Carolina shall not be subject to the requirements of this provision.
3.5 Permit fees will be annually determined and assessed by the Department based on the following classifications:
3.5.1 Class X--more than an annual total of 75 cubic feet or more than 100 curies of radioactive waste for disposal within the State.
3.5.2 Class Y--an annual total of 75 cubic feet or less of radioactive waste consisting of 100 curies or less total activity for disposal within the State.
3.5.3 Class Z--any shipment of radioactive waste which is not consigned for storage or disposal within the State, but which is transported into or within the State.
3.6 Permits will be valid from the date of issuance through December 31 of each calendar year. Permit fees are not refundable. Permits may be renewed by filing a new application with the Department.
4. SHIPPER'S REQUIREMENTS
4.1 Before any shipment of radioactive waste may be transported into or within the State, the shipper shall give written notice to the Department not less than 72 hours nor more than 30 days before the expected date of arrival of the shipment or departure from the shipper's facility within the State as the case may be, except as provided in paragraph 4.1.3.
4.1.1 All prior notifications shall be filed on a Department form designated as RHA-PNC "Radioactive Waste Shipment Prior Notification and Manifest Form."
4.1.2 The shipper shall immediately notify the Department of any cancellations or significant changes in the prior notification or manifest summary which may occur prior to the shipment departing his facility. For example, such changes include changes in date of arrival, carrier, route, waste description, curie content, volume, or waste classification.
4.1.3 For shipments consisting of 75 cubic feet or less containing one curie of radioactive material or less which may be consigned as non-exclusive use shipments according to applicable U.S. Department of Transportation regulations, the requirement for prior notification contained in paragraph 4.1 is waived. Such shipments must otherwise comply with all other applicable requirements regarding the packaging, transportation, storage, disposal and delivery of radioactive wastes.
4.2. The shipper shall provide to the carrier with each separate shipment a copy of the RHA-PNC "Radioactive Waste Shipment Prior Notification and Manifest Form" required by paragraph 4.1. Such copy shall show any changes made pursuant to paragraph 4.1.2 above. Each shipper shall instruct the carrier to comply with the route and schedule contained therein.
4.3 The manifest accompanying each shipment of radioactive waste shall include a copy of the shipper's certification prepared on Department form RHA-CT, Part I, "Radioactive Waste Shipment Certification Form," which shall include certification that the shipment has been inspected and complies with all applicable State and Federal laws and administrative rules and regulations, license or license conditions of the disposal facility regarding the packaging, transportation, storage, disposal and delivery of radioactive wastes.
4.4 Following acceptance of each separate shipment at a disposal facility or at the consignee's facility, it shall be the responsibility of each shipper to provide to the Department for such shipment a copy of Department form RHA-PNC "Radioactive Waste Prior Notification and Manifest Form" with the Consignee Acknowledgement properly executed and to provide the Department with the "Radioactive Waste Shipment Certification Form," Department form RHA-CT, which accompanied that shipment.
5. CARRIER REQUIREMENTS
5.1 For each shipment of radioactive waste materials shipped into or within the State, a carrier shall complete Part II: Carrier's Certification on the form RHA-CT provided by the shipper. The certificate shall be signed by a principal, officer, partner, responsible employee or other authorized agent of the carrier.
5.1.1 The carrier shall certify that the shipment is properly placarded for transport and that all shipping papers required by law and administrative rules and regulations have been properly executed; and,
5.1.2 that the transport vehicle has been inspected and meets the applicable requirements of the Federal government and the State of South Carolina, and that all safety and operational components are in good operative condition; and,
5.1.3 that the carrier has received a copy of the shipper's "Radioactive Waste Prior Notification and Manifest Form," specified in paragraph 4.2 and the "Radioactive Waste Shipment Certification Form," form RHA-CT specified in paragraph 4.3; and,
5.1.4 that the carrier shall comply fully with all applicable laws and administrative rules and regulations, both State and Federal, regarding the transportation of such waste.
5.2 A carrier shall immediately notify the Department of any variance, occurring after departure, from the primary route and estimated date of arrival of shipment as provided by the shipper on Form RHA-PNC.
5.3 The copies of Forms RHA-CT and RHA-PNC shall accompany the shipment to the destination and shall be presented together with the manifest and other shipping papers.
6. DISPOSAL FACILITY OPERATOR
6.1 Owners and operators of disposal facilities shall permanently record, and report to the Department within twenty-four (24) hours after discovery, all conditions in violation of the requirements of this regulation discovered as a result of inspections required by any license under which the facility is operated.
6.2 Prior to the receipt of radioactive wastes at a disposal facility in this State, the owners and operators of such facility shall notify each shipper of any special requirements, if any, in effect regarding the packaging, transportation, storage, disposal or delivery of such wastes at that facility.
6.3 No owner or operator of a disposal facility located within this State shall accept radioactive waste for storage or disposal unless the shipper of such waste has a valid, unsuspended permit issued pursuant to this regulation.
7. PENALTIES
7.1 Any person who commits a radiological violation shall:
7.1.1 be fined not less that One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00); and,
7.1.2 if such person is a shipper, have his permit suspended for a period of not less than thirty (30) days and until such time as he demonstrates to the Department's satisfaction that adequate measures have been taken to prevent reoccurrence of the violation.
7.2. Any person who commits a second radiological violation within twelve (12) months of the first such violation shall:
7.2.1 be fined not less than Five Thousand ($5,000.00) nor more than Twenty-five Thousand Dollars ($25,000.00); and,
7.2.2 if such person is a shipper, have his permit suspended for a period of not more than one year and until such time as he demonstrates to the satisfaction of the Department that adequate measures have been taken to prevent reoccurrence of the violations.
7.3 Any person who commits a non-radiological violation of the provisions of this regulation shall be fined not more than One Thousand Dollars ($1,000.00) for each violation; provided, that should the Department determine that a series of such violations has occurred, the Department shall suspend or revoke that person's permit for a period of not more than twelve (12) months.
7.4. Any person to whom an order, injunction, suspension, or fine issued under this article is directed shall comply therewith immediately, but on application to the Department, within twenty (20) days after the date of the order, shall be afforded a hearing within thirty (30) days of such application.
8. SEVERABILITY CLAUSE
8.1 It is hereby declared that each of the sections and provisions of this regulation are severable, and in the event that any one or more of such sections are declared unconstitutional or invalid, the remaining sections and provisions of this regulation shall remain in effect.
ATTACHMENTS
Form RHA-200P SOUTH CAROLINA DEPARTMENT OF HEALTH AND
( 10/80) ENVIRONMENTAL CONTROL APPLICATION
FOR RADIOACTIVE WASTE TRANSPORT PERMIT
Instructions: Complete Items 1 through 8. Submit original and one copy to
Chief, Bureau of Radiological Health, S.C. Dept. of Health and
1501. Arrangements for Fire Department Response/Protection
1502. Tests and Inspections
1503. Fire Response Training
1504. Fire Drills
Section 1600--MAINTENANCE
1601. General
Section 1700--INFECTION CONTROL AND ENVIRONMENT
1701. Staff Practices
1702. Tuberculin Skin Testing
1703. Housekeeping
1704. Infectious Waste
1705. Pets
1706. Clean/Soiled Linen and Clothing
Section 1800--QUALITY IMPROVEMENT PROGRAM
1801. General
Section 1900--DESIGN AND CONSTRUCTION
1901. General
1902. Local and State Codes and Standards
1903. Construction/Systems
1904. Submission of Plans and Specifications
Section 2000--GENERAL CONSTRUCTION REQUIREMENTS
2001. Height and Area Limitations
2002. Fire-Resistive Rating
2003. Vertical Openings
2004. Wall and Partition Openings
2005. Ceiling Openings
2006. Firewalls
2007. Floor Finishes
2008. Wall Finishes
2009. Curtains and Draperies
Section 2100--HAZARDOUS ELEMENTS OF CONSTRUCTION
2101. Furnaces and Boilers
2102. Dampers
Section 2200--FIRE PROTECTION EQUIPMENT AND SYSTEMS
2201. Firefighting Equipment
2202. Automatic Sprinkler System
2203. Fire Alarms
2204. Smoke Detectors
2205. Flammable Liquids
2206. Gases
2207. Furnishings/Equipment
Section 2300--EXITS
2301. Number and Locations of Exits
Section 2400--WATER SUPPLY/HYGIENE
2401. Design and Construction
2402. Disinfection of Water Lines
2403. Temperature Control
2404. Stop Valves
2405. Cross-connections
2406. Design and Construction of Wastewater Systems
Section 2500--ELECTRICAL
2501. General
2502. Panelboards
2503. Lighting
2504. Receptacles
2505. Ground Fault Protection
2506. Exit Signs
2507. Emergency Electric Service
Section 2600--HEATING, VENTILATION, AND AIR CONDITIONING
2601. General
Section 2700--PHYSICAL PLANT
2701. Facility Accommodations/Floor Area
2702. Resident Rooms
2703. Resident Room Floor Area
2704. Bathrooms/Restrooms
2705. Doors
2706. Elevators
2707. Corridors
2708. Ramps
2709. Landings
2710. Handrails/Guardrails
2711. Screens
2712. Windows/Mirrors
2713. Janitor's Closet
2714. Storage Areas
2715. Telephone Service
2716. Location
2717. Outdoor Area
Section 2800--SEVERABILITY
2801. General
Section 2900--GENERAL
2901. General
Section 100--DEFINITIONS AND LICENSE REQUIREMENTS
101. Definitions.
For the purpose of this regulation, the following definitions shall apply:
A. Activities of Daily Living (ADL). Those personal functions performed by an individual in the course of a day that include, but are not limited to, walking; bathing; shaving; brushing teeth; combing hair; dressing; eating; getting in or getting out of bed; toileting; ambulating; doing laundry; cleaning room; managing money; shopping; using public transportation; writing letters; making telephone calls; obtaining appointments; administration of medication; and other similar activities.
B. Administering Medication. The direct application of a single dose of a medication to the body of a resident by injection, ingestion, or any other means.
C. Administrator. The individual designated by the licensee to have the authority and responsibility to manage the facility, is in charge of all functions and activities of the facility, and is appropriately licensed as a community residential care facility administrator by the S.C. State Board of Long Term Health Care Administrators.
D. Adult. A person 18 years of age or older.
E. Advanced Practice Registered Nurse. An individual who has Official Recognition as such by the S.C. Board of Nursing.
F. Alzheimer's Special Care Unit or Program. A facility or area within a facility providing a secure, segregated special program or unit for residents with a diagnosis of probable Alzheimer's disease and/or related dementia to prevent or limit access by a resident outside the designated or separated areas, and that advertises, markets, or otherwise promotes the facility as providing specialized care/services for persons with Alzheimer's disease and/or related dementia or both.
G. Annual. Once each 365 days.
H. Architect. An individual currently registered as such by the S.C. State Board of Architectural Examiners.
I. Assessment. A procedure for determining the nature and extent of the problem(s) and needs of a potential resident/resident to ascertain if the facility can adequately address those problems, meet those needs, and to secure information for use in the development of the individual care plan. Included in the process are an evaluation of the physical, emotional, behavioral, social, spiritual, nutritional, recreational, and, when appropriate, vocational, educational, legal status/needs of a potential resident/resident. Consideration of each resident's needs, strengths, and weaknesses shall be included in the assessment.
J. Authorized Healthcare Provider. An individual authorized by law and currently licensed in S.C. to provide specific treatments, care, or services to residents. Examples of individuals who may be authorized by law to provide the aforementioned treatment/care/services may include, but are not limited to, advanced practice registered nurses, physician's assistants.
K. Boarding House. A business/entity which provides room and board to an individual(s) and which does not provide a degree of personal care to more than one individual.
L. Community Residential Care Facility (CRCF). A facility which offers room and board and which, unlike a boarding house, provides/coordinates a degree of personal care for a period of time in excess of 24 consecutive hours for two or more persons, 18 years old or older, not related to the licensee within the third degree of consanguinity. It is designed to accommodate residents' changing needs and preferences, maximize residents' dignity, autonomy, privacy, independence, and safety, and encourage family and community involvement. Included in this definition is any facility (other than a hospital), which offers or represents to the public that it offers a beneficial or protected environment specifically for individuals who have mental illness or disabilities. These facilities may be referred to as "assisted living " provided they meet the above definition of community residential care facility.
M. Controlled Substance. A medication or other substance included in Schedule I, II, II, IV, and V of the Federal Controlled Substances Act and the South Carolina Controlled Substances Act.
N. Consultation. A visit to a licensed facility by individuals authorized by the Department to provide information to facilities to enable/encourage facilities to better comply with the regulations.
O. Dentist. An individual currently licensed to practice dentistry by the S.C. Board of Dentistry.
P. Dietitian. A person who is registered by the Commission on Dietetic Registration.
Q. Department. The S.C. Department of Health and Environmental Control (DHEC).
R. Designee. A staff member designated by the administrator to act on his/her behalf.
S. Direct Care Staff Member/Direct Care Volunteer. Those individuals who provide assistance with activities of daily living to residents.
T. Discharge. The point at which residence in a facility is terminated and the facility no longer maintains active responsibility for the care of the resident.
U. Dispensing Medication. The transfer of possession of one or more doses of a drug or device by a licensed pharmacist or person as permitted by law, to the ultimate consumer or his/her agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by a resident.
V. Existing Facility. A facility which was in operation and/or one which, as approved by the Department, began the construction or renovation of a building, for the purpose of operating the facility, prior to the promulgation of this regulation. The licensing standards governing new facilities apply if and when an existing facility is not continuously operated and licensed under this regulation.
W. Facility. A community residential care facility licensed by the Department.
X. Health Assessment. An evaluation of the health status of a staff member/volunteer by a physician, other authorized healthcare provider, or registered nurse, pursuant to written standing orders and/or protocol approved by a physician's signature. The standing orders/protocol shall be reviewed annually by the physician, with a copy maintained at the facility.
Y. Individual Care Plan (ICP). A documented regimen of appropriate care/services or written action plan prepared by the facility for each resident based on assessment data and which is to be implemented for the benefit of the resident.
Z. Initial License. A license granted to a new facility.
AA. Inspection. A visit by authorized individuals to a facility or to a proposed facility for the purpose of determining compliance with this regulation.
BB. Investigation. A visit by authorized individuals to a licensed or unlicensed entity for the purpose of determining the validity of allegations received by the Department relating to this regulation.
CC. Legend Drug.
1. A drug when, under federal law, is required, prior to being dispensed or delivered, to be labeled with any of the following statements:
a. "Caution: Federal law prohibits dispensing without prescription";
b. "Rx only" or;
2. A drug which is required by any applicable federal or state law to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only;
3. Any drug products considered to be a public health threat, after notice and public hearing as designated by the S.C. Board of Pharmacy; or
4. Any prescribed compounded prescription is a legend drug within the meaning of the Pharmacy Act.
DD. License. The authorization to operate a facility as defined in this regulation and as evidenced by a current certificate issued by the Department to a facility.
EE. Licensed Nurse. A person to whom the S.C. Board of Nursing has issued a license as a registered nurse or licensed practical nurse.
FF. Licensee. The individual, corporation, organization, or public entity that has received a license to provide care/services at a facility and with whom rests the ultimate responsibility for compliance with this regulation.
GG. Local Transportation. The maximum travel distance the facility shall undertake, at no cost to the resident, to secure/provide health care for residents. Local transportation shall be based on a reasonable assessment of the proximity of customary health care resources in the region, e.g., nearest hospitals, physicians and other health care providers, and appropriate consideration of resident preferences and needs.
HH. Medication. A substance that has therapeutic effects, including, but not limited to, legend, nonlegend, herbal products, over-the counter, nonprescription, vitamins, and nutritional supplements, etc.
II. New Facility. All buildings or portions of buildings, new and existing building(s), that are:
1. Being licensed for the first time;
2. Providing a different service that requires a change in the type of license;
3. Being licensed after the previous licensee's license has been revoked, suspended, or after the previous licensee has voluntarily surrendered the license and the facility has not continuously operated.
JJ. Nonlegend Drug. A drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws of this State and the federal government.
KK. Peak Hours. Those hours from 7 a.m. to 7 p.m., or as otherwise determined by the facility, which shall be justifiable and reasonable, and in consideration of residents' presence in the facility, and acuity of their needs.
LL. Personal Care. The provision by the staff members/direct care volunteers of the facility of one or more of the following services, as required by the individual care plan or orders by the physician or other authorized healthcare provider or as reasonably requested by the resident, including:
1. Assisting and/or directing the resident with activities of daily living;
2. Being aware of the resident's general whereabouts, although the resident may travel independently in the community;
3. Monitoring of the activities of the resident while on the premises of the residence to ensure his/her health, safety, and well-being.
MM. Personal Monies. All monies which are available to the resident for his/her personal use, including family donations.
NN. Pharmacist. An individual currently registered as such by the S.C. Board of Pharmacy.
OO. Physical Examination. An examination of a resident by a physician or other authorized healthcare provider which addresses those issues identified in Section 1101 of this regulation.
PP. Physician. An individual currently licensed to practice medicine by the S.C. Board of Medical Examiners.
QQ. Physician's Assistant. An individual currently licensed as such by the S.C. Board of Medical Examiners.
RR. Quality Improvement Program. The process used by a facility to examine its methods and practices of providing care/services, identify the ways to improve its performance, and take actions that result in higher quality of care/services for the facility's residents.
SS. Ramp. An inclined accessible route that facilitates entrance to or egress from or within a facility.
TT. Related/Relative. This degree of kinship is considered "within the third degree of consanguinity," e.g., a spouse, son, daughter, sister, brother, parent, aunt, uncle, grandchild, niece, nephew, grandparent, great-grandparent, grandchild, or great-grandchild.
UU. Repeat Violation. The recurrence of a violation cited under the same section of the regulation within a 36-month period. The time-period determinant of repeat violation status is applicable in instances when there are ownership changes.
VV. Resident. Any individual, other than staff members/volunteers or owner and their family members, who resides in a facility.
WW. Resident Room. An area enclosed by four ceiling high walls that can house one or more residents of the facility.
XX. Respite Care. Short-term care (a period of six weeks or less) provided to an individual to relieve the family members or other persons caring for the individual.
YY. Responsible Party. A person who is authorized by law to make decisions on behalf of a resident, to include, but not be limited to, a court-appointed guardian (or legal guardian as referred to in the Resident's Bill of Rights) or conservator, or health care or other durable power of attorney.
ZZ. Restraint A device which inhibits the movement of a resident, e.g., posey vest, geri-chair.
AAA. Revocation of License. An action by the Department to cancel or annul a facility license by recalling, withdrawing, or rescinding its authority to operate.
BBB. Sponsor. The public agency or individual involved in one or more of the following: protective custody authorized by law, placement, providing ongoing services, or assisting in providing services to a resident(s) consistent with the wishes of the resident or responsible party or specific administrative or court order.
CCC. Staff Member. An adult, to include the administrator, who is a compensated employee of the facility on either a full or part-time basis.
DDD. Suspend License. An action by the Department requiring a facility to cease operations for a period of time or to require a facility to cease admitting residents, until such time as the Department rescinds that restriction.
EEE. Volunteer. An adult who performs tasks at the facility at the direction of the administrator without compensation.
102. .
A. The following Departmental publications are referenced in these regulations:
1. R.61-20, Communicable Diseases;
2. R.61-25, Retail Food Establishments;
3. R.61-51, Public Swimming Pools;
4. R.61-58, State Primary Drinking Water Regulations;
5. R.61-67, Standards for Wastewater Facility Construction;
7. S.C. Guidelines for Prevention and Control of Antibiotic Resistant Organisms.
B. The following non-Departmental publications are referenced within this regulation:
1. Standard Building Code;
2. National Fire Protection Association (NFPA) 101, Life Safety Code, and other NFPA standards, as applicable;
3. National Electrical Code;
4. Standard Plumbing Code;
5. Standard Mechanical Code;
6. Standard Gas Code;
7. State Fire Marshal Regulations;
8. American National Standards Institute (ANSI) 117.1, Specifications for Making Building and Facilities Accessible to and Useable by the Physically Handicapped;
11. Occupational Safety and Health Act of 1970 (OSHA);
12. Omnibus Adult Protection Act;
13. Alzheimer's Special Care Disclosure Act;
14. Food and Nutrition Board of the National Research Council, National Academy of Sciences;
15. National Sanitation Federation;
16. Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Healthcare Facilities;
17. U.S. Pharmacopoeia.
C. The Department shall enforce new laws that may change the above-noted standards and at its discretion adopt revisions to the above noted references.
103. License Requirements (II).
A. License. No person, private or public organization, political subdivision, or governmental agency shall establish, operate, maintain, or represent itself (advertise/market) as a community residential care facility/assisted living facility in S.C. without first obtaining a license from the Department. Admission of residents prior to the effective date of licensure is a violation of Section 44-7-260(A)(6) of the S.C. Code of Laws, 1976, as amended. When it has been determined by the Department that room, board, and a degree of personal care to two or more adults unrelated to the owner is being provided at a location, and the owner has not been issued a license from the Department to provide such care, the owner shall cease operation immediately and ensure the safety, health, and well-being of the occupants. Current/previous violations of the S.C. Code and/or Department regulations may jeopardize the issuance of a license for the facility or the licensing of any other facility, or addition to an existing facility which is owned/operated by the licensee. The facility shall provide only the care/services it is licensed to provide pursuant to the definitions in Sections 101. L and 101.LL of this regulation. (I)
B. Compliance. An initial license shall not be issued to a proposed facility that has been not previously and continuously licensed under Department regulations until the licensee has demonstrated to the Department that the proposed facility is in substantial compliance with the licensing standards. In the event a licensee who already has a facility/activity licensed by the Department makes application for another facility or increase in licensed bed capacity, the currently licensed facility/activity shall be in substantial compliance with the applicable standards prior to the Department issuing a license to the proposed facility or amended license to the existing facility. A copy of the licensing standards shall be maintained at the facility and accessible to all staff members/volunteers. Facilities shall comply with applicable local, state, and federal laws, codes, and regulations.
C. Compliance with Structural Standards. Facilities licensed at the time of promulgation of this regulation (existing facilities), and proposed facilities for which the licensee has received written approval from the Department to construct the proposed facility:
1. Shall be allowed to continue utilizing the previously-licensed structure without modification. Facilities are not required to modify square footage of resident rooms, sitting areas, and maximum number of beds in resident rooms, or provide a private resident room except that facilities that have resident rooms with five or more licensed beds shall reduce the maximum number of beds per room to no more than four within 12 months from the date of promulgation of this regulation.
2. Shall comply with the remainder of the standards within this regulation.
D. Compliance with Structural Standards upon Change of Ownership. When changes in ownership occur, the new licensee shall, through coordination with the Department's Division of Health Facilities Construction, formulate a plan for the facility to be in compliance with current building and fire and life safety codes within 24 months of the date of the ownership change, unless specific standards are exempted by the Department. Facilities are not required to modify square footage of resident rooms and maximum number of beds in resident rooms, except that those facilities which have resident rooms with five or more licensed beds shall reduce the maximum number of beds per room to no more than four within 12 months from the date of ownership change.
E. Licensed Bed Capacity. No facility that has been authorized to provide a set number of licensed beds, as identified on the face of the license, shall exceed the bed capacity. No facility shall establish new care/services or occupy additional beds or renovated space without first obtaining authorization from the Department. Beds for use of staff members/volunteers are not included in the licensed bed capacity number, provided such beds and locations are so identified and used exclusively by staff members/volunteers. (I)
F. Persons Received in Excess of Licensed Bed Capacity. No facility shall receive for care or services persons in excess of the licensed bed capacity, except in cases of justified emergencies. (I)
EXCEPTION: In the event that the facility temporarily provides shelter for evacuees who have been displaced due to a disaster, then for the duration of that emergency, provided the health, safety, and well-being of all residents are not compromised, it is permissible to temporarily exceed the licensed capacity for the facility in order to accommodate these individuals (See Section 606).
G. Living Quarters for Staff Members. In addition to residents, only staff members, volunteers, or owners of the facility and members of the owner's immediate family may reside in facilities licensed under this regulation. Resident rooms shall not be utilized by staff members/family/volunteers nor shall bedrooms of staff members/family/volunteers be utilized by residents.
H. Issuance and Terms of License.
1. A license is issued by the Department and shall be posted in a conspicuous place in a public area within the facility.
2. The issuance of a license does not guarantee adequacy of individual care, services, personal safety, fire safety, or the well-being of any resident or occupant of a facility.
3. A license is not assignable or transferable and is subject to revocation at any time by the Department for the licensee's failure to comply with the laws and regulations of this State.
4. A license shall be effective for a specified facility, at a specific location(s), for a specified period following the date of issue as determined by the Department. A license shall remain in effect until the Department notifies the licensee of a change in that status.
5. Facilities owned by the same entity but which are not located on the same adjoining or contiguous property shall be separately licensed. Roads or local streets, except limited access, e.g., interstate highways, shall not be considered as dividing otherwise adjoining or contiguous property.
6. Separate licenses are not required, but may be issued, for separate buildings on the same or adjoining grounds where a single level or type of care is provided.
7. Multiple types of facilities on the same premises shall be licensed separately even though owned by the same entity.
8. Facilities may furnish respite care provided compliance with the standards of this regulation is met.
I. Facility Name. No proposed facility shall be named nor shall any existing facility have its name changed to the same or similar name as any other facility licensed in S.C.. The Department shall determine if names are similar. If the facility is part of a "chain operation" it shall then have the geographic area in which it is located as part of its name.
J. Application. Applicants for a license shall submit to the Department a completed application on a form prescribed and furnished by the Department prior to initial licensing and periodically thereafter at intervals determined by the Department. The application includes both the applicant's oath assuring that the contents of the application are accurate/true, and that the applicant will comply with this regulation. The application shall be signed by the owner(s) if an individual or partnership; in the case of a corporation, by two of its officers; or in the case of a governmental unit, by the head of the governmental department having jurisdiction. The application shall set forth the full name and address of the facility for which the license is sought and of the owner in the event his/her address is different from that of the facility, the names of the persons in control of the facility. The Department may require additional information, including affirmative evidence of the applicant's ability to comply with these regulations. Corporations or partnerships shall be registered with the S.C. Office of the Secretary of State.
K. Licensee. A licensee shall submit original letters of reference from three persons not related to, nor employed by the licensee, that attest to the licensee's reputable and responsible character, and the financial ability and competence to operate a community residential care facility (if owner is a corporation, then references for the chief executive officer of the corporation; if a partnership, then references for each partner owning five percent or more). One of the references shall be the result of a criminal background check with S.C. State Law Enforcement, or by letter from the local police department. For out-of-state licensees, references shall include a criminal background check from that state, in addition to S.C.. The licensee shall be financially able to meet all obligations necessary to the proper operation of the facility.
L. Licensing Fees. The annual license fee shall be $10.00 per licensed bed, or $75.00 whichever is greater. Such fee shall be made payable by check or money order to the Department and is not refundable. Fees for additional beds shall be prorated based upon the remaining months of the licensure year. If the application is denied, a portion of the fee shall be refunded based upon the remaining months of the licensure year, or $75.00, whichever is lesser.
M. Late Fee. Failure to submit a renewal application or fee 30 days or more after the license expiration date may result in a late fee of $75.00 or 25% of the licensing fee amount, whichever is greater, in addition to the licensing fee. Continual failure to submit completed and accurate renewal applications and/or fees by the time-period specified by the Department may result in an enforcement action.
N. License Renewal. For a license to be renewed, applicants shall file an application with the Department, pay a license fee, and shall not be undergoing enforcement actions by the Department. If the license renewal is delayed due to enforcement actions, the renewal license shall be issued only when the matter has been resolved satisfactorily by the Department, or when the adjudicatory process is completed, whichever is applicable.
O. Change of License.
1. A facility shall request issuance of an amended license by application to the Department prior to any of the following circumstances:
a. Change of ownership;
b. Change of licensed bed capacity;
c. Change of facility location from one geographic site to another.
2. Changes in facility name or address (as notified by the post office) shall be accomplished by application or by letter from the licensee.
P. Exceptions to Licensing Standards. The Department has the authority to make exceptions to these standards where it is determined that the health, safety, and well-being of the residents are not compromised, and provided the standard is not specifically required by statute.
Section 200--ENFORCING REGULATIONS
201. General.
The Department shall utilize inspections, investigations, consultations, and other pertinent documentation regarding a proposed or licensed facility in order to enforce this regulation.
202. Inspections/Investigations.
A. Inspections by the Department shall be conducted prior to initial licensing of a facility and subsequent inspections conducted as deemed appropriate by the Department. (I)
B. All facilities are subject to inspection/investigation at any time without prior notice by individuals authorized by S.C. Code of Laws. When staff members/volunteers/residents are absent, the facility shall provide information to those seeking legitimate access to the facility, including visitors, as to the expected return of staff members/volunteers/residents. (I)
C. Individuals authorized by S.C. law shall be granted access to all properties and areas, objects, and records in a timely manner, and have the authority to require the facility to make photocopies of those documents required in the course of inspections or investigations. Photocopies shall be used only for purposes of enforcement of regulations and confidentiality shall be maintained except to verify the identity of individuals in enforcement action proceedings. Physical area of inspections shall be determined by the extent to which there is potential impact/affect upon residents as determined by the inspector, e.g., flammable liquids unsecured in a staff member's bedroom, attic, or basement. (I)
D. When there is noncompliance with the licensing standards, the facility shall submit an acceptable written plan of correction to the Department that shall be signed by the administrator and returned by the date specified on the report of inspection/investigation. The written plan of correction shall describe: (II)
1. The actions taken to correct each cited deficiency;
2. The actions taken to prevent recurrences (actual and similar);
3. The actual or expected completion dates of those actions.
E. Reports of inspections conducted by the Department, including the facility response, shall be made available by the facility upon request with the redaction of the names of those individuals in the report as provided by Sections 44-7-310 and 44-7-315 of the S.C. Code of Laws, 1976, as amended.
203. Consultations.
Consultations shall be provided by the Department as requested by the facility or as deemed appropriate by the Department.
Section 300--ENFORCEMENT ACTIONS
301. General.
When the Department determines that a facility is in violation of any statutory provision, rule, or regulation relating to the operation or maintenance of such facility, the Department, upon proper notice to the licensee, may impose a monetary penalty, deny, suspend, or revoke licenses.
302. Violation Classifications.
Violations of standards in this regulation are classified as follows:
A. Class I violations are those that the Department determines to present an imminent danger to the health, safety, or well-being of the persons in the facility or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods or operations in use in a facility may constitute such a violation. The condition or practice constituting a Class I violation shall be abated or eliminated immediately unless a fixed period of time, as stipulated by the Department, is required for correction. Each day such violation exists after expiration of the time established by the Department shall be considered a subsequent violation.
B. Class II violations are those, other than Class I violations, that the Department determines to have a negative impact on the health, safety or well-being of persons in the facility. The citation of a Class II violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.
C. Class III violations are those that are not classified as Class I or II in these regulations or those that are against the best practices as interpreted by the Department. The citation of a Class III violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.
D. The notations, "(I)" or "(II)" placed within sections of this regulation, indicate those standards are considered Class I or II violations if they are not met, respectively. Failure to meet standards not so annotated are considered Class III violations.
E. In arriving at a decision to take enforcement actions, the Department shall consider the following factors: specific conditions and their impact or potential impact on health, safety or well-being of the residents; efforts by the facility to correct cited violations; behavior of the licensee that would reflect negatively on the licensee's character such as illegal/illicit activities; overall conditions; history of compliance; any other pertinent conditions that may be applicable to current statutes and regulations.
F. When a decision is made to impose monetary penalties, the following schedule shall be used as a guide to determine the dollar amount:
Frequency of violation of standard MONETARY PENALTY RANGES
G. Any enforcement action taken by the Department may be appealed in a manner pursuant to the Administrative Procedures Act, Section 1-23-310, et seq., S.C. Code of Laws, 1976, as amended.
Section 400--POLICIES AND PROCEDURES
401. General (II).
A. Policies and procedures addressing each section of this regulation regarding resident care, rights, and the operation of the facility shall be developed and implemented, and revised as required in order to accurately reflect actual facility operation. The policies and procedures shall address the provision of any special care offered by the facility which would include how the facility shall meet the specialized needs of the affected residents such as Alzheimer's disease and/or related dementia, physically/developmentally disabled, in accordance with any laws which pertain to that service offered, e.g., Alzheimer's Special Care Disclosure Act. Facilities shall establish a time-period for review of all policies and procedures. These policies and procedures shall be accessible at all times and a hard copy shall be available or be readily accessible electronically at each facility.
B. The policies and procedures shall describe the means by which the facility shall assure that the standards described in this regulation, which the licensee has agreed to meet, as confirmed by application for licensing, are met.
Section 500--STAFF/TRAINING
501. General (II).
A. Appropriate staff members/volunteers in numbers and training shall be provided to perform those duties that result in compliance to the regulation, to suit the needs and condition of the residents, and meet the demands of effective emergency on-site action that might arise. The facility may elect to not allow volunteers to work in the facility. Training requirements/qualifications for the tasks each performs shall be in compliance with all local, state, and federal laws, and current professional organizational standards. (I)
B. Staff members/direct care volunteers of the facility shall not have a prior conviction or pled no contest (nolo contendere) for child or adult abuse, neglect, or mistreatment. The facility shall coordinate with applicable registries should licensed/certified individuals be considered as employees of the facility. For those staff members/volunteers who are licensed/certified, a copy shall be available for review. (I)
C. Staff members/volunteers shall be provided the necessary training to perform the duties for which they are responsible in an effective manner. (I)
D. No supervision/care/services shall be provided to individuals who are not residents of the facility other than children of owners of the facility who are residing in the facility. Minimum staffing requirements shall be applied in instances where children of owners reside in the facility, i.e., children of owners shall be considered as residents in the staff/resident ratio. (I)
E. Staff members/volunteers shall have at least the following qualifications: (I)
1. Capable of rendering care/services to residents in an understanding and sympathetic manner;
2. Sufficient education to be able to perform their duties, and to speak, read, and write English;
3. Demonstrate a working knowledge of regulations.
F. There shall be accurate information maintained regarding all staff members/volunteers of the facility, to include at least current address, phone number, and health and personal/work/training background, as well as current information. All staff members/volunteers shall be assigned certain duties and responsibilities which shall be in writing and in accordance with the individual's capability.
G. When a facility engages a source other than the facility to provide services, normally provided by the facility, e.g., staffing, training, recreation, food service, professional consultant, maintenance, transportation, there shall be a written agreement with the source that describes how and when the services are to be provided, the exact services to be provided, and that these services are to be provided by qualified individuals. The source shall comply with this regulation in regard to resident care, services, and rights.
502. Administrator (II).
A. The facility administrator shall be licensed as a CRCF administrator in accordance with Section 40-35-32 of the S.C. Code of Laws. In addition, all other applicable provisions of Title 40, Chapter 35, S.C. Code of Laws, 1993, as amended, shall be followed.
B. The administrator shall exercise judgement that reflects that s/he is mentally and emotionally capable of meeting the responsibilities involved in operating a facility to ensure that it is in compliance with these regulations, and shall demonstrate adequate knowledge of these regulations.
C. A staff member shall be designated in writing to act in the absence of the administrator, e.g., a listing of the lines of authority by position title, including the names of the persons filling these positions.
503. Staffing (I).
A. There shall be a staff member actively on duty at all times that the facility is occupied by residents and immediately accessible to all residents to whom the residents can report injuries, symptoms of illness, or emergencies, and who is responsible for assuring that appropriate action is taken promptly. This responsible staff member is defined as an adult, who through training or work experience, is capable of recognizing and reporting significant changes in the physical or mental condition of each resident.
B. The number and qualifications of staff members/volunteers shall be determined by the number and condition of the residents. There shall be sufficient staff members/volunteers to provide direct care and basic services, e.g., Alzheimer's disease and/or related dementia, Alzheimer's special care unit or program. The minimum number of staff members/volunteers that shall be maintained in all facilities:
1. In each building, there shall be at least one staff member/volunteer for each eight residents or fraction thereof on duty during all periods of peak hours.
2. In each building, during nighttime (non-peak) hours, there shall be at least one staff member/volunteer on duty for each 30 residents or fraction thereof. In buildings housing more than eight residents, a staff member/volunteer shall be awake and dressed. Staff member(s)/volunteer(s) shall be able to appropriately respond to resident needs during nighttime hours. Should there be any residents whose cognitive/physical impairments prevent them from safely evacuating the facility independently, a staff member/volunteer shall be awake and dressed during nighttime hours, regardless of the resident number.
3. In facilities that are licensed for more than 10 beds, and the facility is of multi-floor design, there shall be a staff member available on the floor at all times residents are present on that floor.
C. Additional staff members shall be provided if it is determined by the Department that the minimum staff requirements are inadequate to provide appropriate care, services and supervision to the residents of a facility, e.g., to ensure a resident's personal safety when safety precautions are needed until the resident is assessed by a physician or other authorized healthcare provider for relocation to a higher level of care and subsequently relocated to an appropriate facility.
504. Inservice Training (I).
A. The following training shall be provided by appropriate resources, e.g., licensed/registered persons, video tapes, books, etc., to all staff members/direct care volunteers in context with their job duties and responsibilities, prior to resident contact and at a frequency determined by the facility, but at least annually:
1. Basic first-aid to include emergency procedures as well as procedures to manage/care for minor accidents or injuries;
2. Procedures for checking and recording vital signs (for designated staff members only);
3. Management/care of persons with contagious and/or communicable disease, e.g., hepatitis, tuberculosis, HIV infection;
4. Medication management including storage, administration, receiving orders, securing medications, interactions, and adverse reactions;
5. Depending on the type of residents, care of persons specific to the physical/mental condition being cared for in the facility, e.g., Alzheimer's Disease and/or related dementia, cognitive disability, etc., to include communication techniques (cueing and mirroring), understanding and coping with behaviors, safety, activities, etc.
6. Use of restraints in accordance with the provisions of Section 905 (for designated staff members only);
8. Cardiopulmonary resuscitation for designated staff members/volunteers to insure that there is a certified staff member/volunteer present whenever residents are in the facility;
9. Confidentiality of resident information and records and the protecting of resident rights (review of Bill of Rights for Long-Term Care Facilities (Resident's Bill of Rights), etc.);
10. Fire response training within 24 hours of their first day on the job in the facility (See Section 1503);
11. Emergency procedures/disaster preparedness within 24 hours of their first day on the job in the facility (See Section 1400).
B. Those staff members/volunteers responsible for providing/coordinating recreational activities for the residents shall receive appropriate training prior to contact with residents and at least annually thereafter.
C. Job Orientation.
All new staff members/volunteers shall be oriented to acquaint them with the organization and environment of the facility, specific duties and responsibilities of staff members/volunteers, and residents' needs.
505. Health Status (I).
A. All staff members/direct care volunteers who have contact with residents, including food service staff members/volunteers, shall have a health assessment within 12 months prior to initial resident contact. The health assessment shall include tuberculin skin testing as described in Section 1702.
B. If a staff member/direct care volunteer is working at multiple facilities operated by the same licensee, copies of records for tuberculin skin testing and the pre-employment health assessment shall be acceptable at each facility. For any other staff member/direct care volunteer, a copy of the tuberculin skin testing shall be acceptable provided the test had been completed within three months prior to resident contact.
Section 600--REPORTING
601. Incidents/Accidents.
A. A record of each incident and/or accident, including usage of mechanical/physical restraints, involving residents or staff members/volunteers, occurring in the facility or on the facility grounds, shall be retained.
1. Incidents/accidents and/or serious medical conditions as defined below and any illness resulting in death or inpatient hospitalization shall be reported via telephone to the next-of-kin or responsible party immediately and the sponsoring agency at the earliest practicable hour, but not to exceed 12 hours of the occurrence, and in writing to the Department's Division of Health Licensing (DHL) within 10 days of the occurrence.
2. Serious medical conditions shall be considered as, but not limited to: fractures of major limbs or joints, severe burns, severe lacerations, severe hematomas, and actual/suspected abuse/neglect/exploitation of residents.
B. Reports shall contain at a minimum: facility name, resident age and sex, date of incident/accident, location, witness names, extent/type of injury and how treated, (e.g., hospitalization), identified cause of incident/accident, internal investigation results if cause unknown, identity of other agencies notified of incident/accident and the date of the report.
C. Incidents where residents have left the premises without notice to staff members/volunteers of intent to leave and have not returned to the facility within 24 hours, shall be reported to the next-of-kin, sponsoring agency or any agency providing services to the resident and local law enforcement immediately. When residents who are cognitively impaired leave the premises without notice to staff members/volunteers, regardless of the time-period of departure, law enforcement, next-of-kin, and sponsoring agency shall be contacted immediately. DHL shall be notified not later than 10 days of the occurrence.
D. Medication errors and adverse medication reactions shall be reported immediately to the next-of-kin or responsible party, prescriber, supervising staff member, and administrator, and no later than 12 hours, as applicable to the sponsoring agency, and recorded in the resident record.
E. Changes in the resident's condition, to the extent that serious health concerns, e.g., heart attack, are evident, shall be reported immediately to the attending physician and the next-of-kin/responsible party, and no later than 12 hours afterwards to the administrator and the sponsor. (I)
602. Fire/Disasters (II).
A. DHL shall be notified immediately via telephone or fax regarding any fire in the facility, and followed by a complete written report to include fire department reports, if any, to be submitted within a time-period determined by the facility, but not to exceed 72 hours from the occurrence of the fire.
B. Any natural disaster or fire, which requires displacement of the residents, or jeopardizes or potentially jeopardizes the safety of the residents, shall be reported to DHL via telephone/fax immediately, with a complete written report which includes the fire department report from the local fire department, if appropriate, submitted within a time-period as determined by the facility, but not to exceed 72 hours.
603. Communicable Diseases and Animal Bites (I).
All cases of diseases and animal bites which are required to be reported to the appropriate county health department shall be accomplished in accordance with R.61-20.
604. Administrator Change.
DHL shall be notified in writing by the licensee within 10 days of any change in administrator. The notice shall include at a minimum the name of the newly-appointed individual, the effective date of the appointment, and a copy of the administrator's license.
605. Accounting of Controlled Substances (II).
Any facility registered with the Department's Bureau of Drug Control and the United States Drug Enforcement Agency shall report any theft or loss of controlled substances to local law enforcement and to the Department's Bureau of Drug Control upon discovery of the loss/theft.
606. Emergency Placements.
In instances where evacuees have been relocated to the facility, DHL shall be notified not later than the following workday of the names of the individuals received.
607. Facility Closure.
A. Prior to the permanent closure of a facility, DHL shall be notified in writing of the intent to close and the effective closure date. Within 10 days of the closure, the facility shall notify DHL of the provisions for the maintenance of the records, the identification of those residents displaced, the relocated site, and the dates and amounts of resident refunds. On the date of closure, the license shall be returned to DHL.
B. In instances where a facility temporarily closes, DHL shall be given written notice within a reasonable time in advance of closure. At a minimum this notification shall include, but not be limited to: the reason for the temporary closure, the location where the residents have been/will be transferred, the manner in which the records are being stored, and the anticipated date for reopening. The Department shall consider, upon appropriate review, the necessity of inspecting and determining the applicability of current construction standards of the facility prior to its reopening. If the facility is closed for a period longer than one year, and there is a desire to re-open, the facility shall re-apply to the Department for licensure and shall be subject to all licensing requirements at the time of that application, including construction-related requirements for a new facility.
608. Zero Census.
In instances when there have been no residents in a facility for any reason for a period of 90 days or more, the facility shall notify DHL in writing that there have been no admissions, no later than the 100th day following the date of departure of the last active resident. At the time of that notification, DHL shall consider, upon appropriate review of the situation, the necessity of inspecting the facility prior to any new and/or re-admissions to the facility. If the facility has no residents for a period longer than one year, and there is a desire to admit a resident, the facility shall re-apply to the DHL for licensure and shall be subject to all licensing requirements at the time of that application, including construction-related requirements for a new facility.
Section 700--RESIDENT RECORDS
701. Content (II).
A. The facility shall initiate and maintain an organized record for each resident. The record shall contain sufficient documented information to identify the resident and the agency and/or person responsible for each resident; support the diagnosis, secure the appropriate care/services (as needed); justify the care/services provided to include the course-of-action taken and results; the symptoms or other indications of sickness or injury; changes in physical/mental condition; the response/reaction to care, medication, and diet provided; and promote continuity of care among providers, consistent with acceptable standards of practice. All entries shall be written legibly in ink or typed, and signed, and dated.
B. Specific entries/documentation shall include at a minimum:
1. Consultations by physicians or other authorized healthcare providers;
2. Orders and recommendations for all medication, care, services, procedures, and diet from physicians or other authorized healthcare providers, which shall be completed prior to, or at the time of admission, and subsequently, as warranted. Verbal orders received shall include the time of receipt of the order, description of the order, and identification of the individual receiving the order;
3. Care/services provided;
4. Medications administered and procedures followed if an error is made;
5. Special procedures and preventive measures performed;
6. Notes of observation;
7. Time and circumstances of discharge or transfer, including condition at discharge or transfer, or death;
8. Provisions for routine and emergency medical care, to include the name and telephone number of the resident's physician, plan for payment, and plan for securing medications;
9. Special information, e.g., do-not-resuscitate orders, allergies, etc.
10. Photograph of resident.
702. Assessment (II).
A complete written assessment of the resident in accordance with Section 101. I shall be conducted by a direct care staff member within a time-period determined by the facility, but no later than 72 hours after admission.
703. Individual Care Plan (II).
A. The facility shall develop an ICP with participation by, as evidenced by their signatures, the resident, administrator (or designee), and/or the sponsor or responsible party when appropriate, within seven days of admission. The ICP shall be reviewed and/or revised as changes in resident needs occur, but not less than semi-annually by the above-appropriate individuals.
B. The ICP shall describe:
1. The needs of the resident, including the activities of daily living for which the resident requires assistance, i.e., what assistance, how much, who will provide the assistance, how often, and when;
2. Requirements and arrangements for visits by or to physicians or other authorized health providers;
3. Advanced care directives/healthcare power-of-attorney, as applicable;
4. Recreational and social activities which are suitable, desirable, and important to the well-being of the resident;
5. Dietary needs.
C. The ICP shall delineate the responsibilities of the sponsor and of the facility in meeting the needs of the resident, including provisions for the sponsor to monitor the care and the effectiveness of the facility in meeting those needs. Included shall be specific goal-related objectives based on the needs of the resident as identified during the assessment phase, including adjunct support service needs, other special needs, and the methods for achieving objectives and meeting needs in measurable terms with expected achievement dates.
704. Record Maintenance.
A. The licensee shall provide accommodations, space, supplies, and equipment adequate for the protection and storage of resident records.
B. When a resident is transferred from one facility to another, a transfer summary to include at a minimum, a copy of the ICP and medication administration record (MAR), shall be forwarded to the receiving facility at the time of transfer or immediately after the transfer if the transfer is of an emergency nature. (I)
C. The resident record is confidential and shall be made available only to individuals authorized by the facility and/or the S.C. Code of Laws. (II)
D. Records generated by organizations/individuals contracted by the facility for care/services shall be maintained by the facility that has admitted the resident.
E. The facility shall determine the medium in which information is stored.
F. Upon discharge of a resident, the record shall be completed within 30 days, and filed in an inactive/closed file maintained by the licensee. Prior to the closing of a facility for any reason, the licensee shall arrange for preservation of records to ensure compliance with these regulations. The licensee shall notify DHL, in writing, describing these arrangements and the location of the records.
G. Records of residents shall be maintained for at least six years following the discharge of the resident. Other regulation-required documents, e.g., fire drills, activity schedules, etc., shall be retained at least 12 months or since the last DHL general inspection, whichever is the longer period.
H. Records of residents are the property of the facility and shall not be removed without court order.
EXCEPTION: When a resident moves from one licensed facility to another within the same provider network (same licensee), the original record may follow the resident; the sending facility shall maintain documentation of the resident's transfer/discharge date and identification information. In the event of change of ownership, all active resident records or copies of active resident records shall be transferred to the new owner(s).
Section 800--ADMISSION/RETENTION
801. General (I).
A. Individuals seeking admission shall be identified as appropriate for the level of care, services, or assistance offered. The facility shall establish admission criteria that are consistently applied and comply with local, state, and federal laws and regulations.
B. The facility shall admit and retain only those persons whose needs can be met by the accommodations and services provided. (I)
C. Persons not eligible for admission/retention are:
1. Any person who is likely to endanger him/herself or others as determined by a physician or other authorized healthcare provider. (I)
2. Any person other than an adult. (II)
3. Any person needing hospitalization or nursing home care. (I)
4. Anyone needing the continuous daily attention of a facility staff licensed nurse. Nursing care may be furnished to residents in need of short-term intermittent nursing care while convalescing from illness or injury, provided the nursing services are not furnished by facility staff members, e.g., the utilization of home health nurses for sterile dressing changes for or observation related to surgical site. (I)
5. Anyone not meeting facility requirements for admission; the facility may determine who is eligible for admission and retention in its policies, provided compliance with local, state, and federal laws and regulations is accomplished.
D. Residents whose condition changes to a degree that nursing home care or the daily attention of a nurse may be required, or have a contagious disease, shall be examined by a physician or other authorized healthcare provider regarding the possible necessity for transfer to a facility where the resident's eligibility for admission is appropriate.
E. When the provision of care/services in the facility, combined with other appropriately licensed services, in accordance with facility policy, e.g., hospice, home health, as may be ordered by a physician or other authorized healthcare provider, does not meet the needs of the resident, or if any resident becomes in need of continuous medical or nursing supervision, or if the facility does not have the capability to provide necessary care/services, the resident shall be transferred within 30 days to a location which shall meet those needs. The administrator shall coordinate this transfer with the resident, next-of-kin/responsible party, and sponsor.
Section 900--RESIDENT CARE/SERVICES
901. General.
A. There shall be a written agreement between the resident, and/or his/her responsible party, and the facility. The agreement shall include at least the following:
1. An explanation of the specific care/services/equipment provided by the facility, e.g., administration of medication, provision of special diet as necessary, assistance with bathing, toileting, feeding, dressing, and mobility;
2. Disclosure of fees for all care/services/equipment provided;
3. Advance notice requirements to change fee amount;
4. Refund policy to include when monies are to be forwarded to resident upon discharge/transfer/relocation;
5. The date a resident is to receive his/her personal needs allowance;
6. Transportation policy;
7. Discharge/transfer provisions to include the conditions under which the resident may be discharged and the agreement terminated, and the disposition of personal belongings;
8. Statement of resident personal rights, and the grievance procedure. (II)
B. Residents shall receive care, including diet, services, i.e., routine and emergency medical care, podiatry care, dental care, counseling and medications, as ordered by a physician or other authorized healthcare provider. Such care shall be provided and coordinated among those responsible during the process of providing such care/services and modified as warranted based upon any changing needs of the resident. Such care and services shall be detailed in the ICP. (I)
C. Care/services shall be rendered effectively and safely in accordance with orders from physicians or other authorized healthcare providers, and precautions taken for residents with special conditions, e.g., pacemakers, wheelchairs, Alzheimer's disease and/or related dementia, etc. Appropriate assistance in activities of daily living shall be provided to residents, as needed. Each facility is required to provide only those activities of daily living and only to the acuity levels which are specifically designated in the written agreement between the resident, and/or his/her responsible party/guardian, and the facility. (I)
D. Residents shall be neat, clean, appropriately and comfortably dressed in clean clothes, and provided the necessary items and assistance, if needed, to maintain their personal cleanliness, e.g., bar soap. (II)
E. The provision of care/services to residents shall be guided by the recognition of and respect for cultural differences to assure reasonable accommodations shall be made for residents with regard to differences, such as, but not limited to, religious practice and dietary preferences.
F. Opportunities for participation in religious services shall be available. Reasonable assistance in obtaining pastoral counseling shall be provided upon request by the resident.
G. In the event of closure of a facility for any reason, the facility shall insure continuity of care/services by promptly notifying the resident's attending physician or other authorized medical provider, and arranging for referral to other facilities at the direction of the physician or other authorized healthcare provider. (II)
902. Fiscal Management (II).
A. Provisions shall be made for safeguarding money and valuables for those residents who request this assistance.
B. Residents shall manage their own funds whenever possible.
C. Only residents may endorse checks made payable to them, unless a legally constituted authority has been authorized to endorse their checks.
D. In situations where a resident becomes unable to manage his/her funds, the administrator shall contact a family member or the county probate court regarding the need for a court-appointed guardian or conservator. The licensee, administrator, sponsor, or any of their relatives shall not be appointed guardian or conservator.
E. Upon written request of the resident, the administrator may maintain the personal monies for the resident.
F. The licensee may be designated payee for a resident.
G. There shall be an accurate accounting of residents' personal monies and written evidence of purchases by the facility on behalf of the residents to include a record of items/services purchased, written authorization from residents of each item/service purchased, and an accounting of all monies paid to the facility for care and services. Personal monies include all monies, including family donations. No personal monies shall be given to anyone, including family members, without written consent of the resident. If a resident's money is given to anyone by the facility, a receipt shall be obtained.
H. A report of the balance of resident finances shall be physically provided to each resident by the facility on a quarterly basis in accordance with the Resident's Bill of Rights, regardless of the balance amount, e.g., zero balance.
903. Recreation.
A. The facility shall offer a variety of recreational programs to suit the interests and physical/cognitive capabilities of the residents that choose to participate. The facility shall provide recreational activities that provide stimulation; promote or enhance physical, mental, and/or emotional health; are age-appropriate; and are based on input from the residents and/or responsible party, as well as information obtained in the initial assessment.
B. There shall be at least one different structured recreational activity provided daily each week that shall accommodate residents' needs/interests/capabilities as indicated in the ICP's.
C. The facility shall designate a staff member responsible for the development of the recreational program, to include responsibility for obtaining and maintaining recreational supplies.
D. The recreational supplies shall be adequate and shall be sufficient to accomplish the activities planned.
E. A current month's schedule shall be posted in order for residents to be made aware of activities offered. This schedule shall include activities, dates, times, and locations. Residents may choose activities and schedules consistent with their interests and physical, mental, and psychosocial well-being. If a resident has Alzheimer's disease and/or related dementia and is unable to choose for him/herself, staff members/volunteers shall encourage participation and assist when deemed necessary.
904. Transportation (I).
The facility shall secure or provide transportation for residents when a physician's services are needed. Local (as defined by the facility) transportation for medical reasons shall be provided by the facility at no additional charge to the resident. If a physician's services are not immediately available and the resident's condition requires immediate medical attention, the facility shall provide or secure transportation for the resident to the appropriate health care providers such as, but not limited to, physicians, dentists, physical therapists, or for treatment at renal dialysis facilities.
905. Safety Precautions/Restraints (I).
A. Periodic or continuous mechanical or physical restraints during routine care of a resident shall not be used, nor shall residents be restrained for staff convenience or as a substitute for care/services. However, in cases of extreme emergencies when a resident is a danger to him/herself or others, mechanical and/or physical restraints may be used as ordered by a physician or other authorized healthcare provider, and until appropriate medical care can be secured.
B. Only those devices specifically designed as restraints may be used. Makeshift restraints shall not be used under any circumstance.
C. Emergency restraint orders shall specify the reason for the use of the restraint, the type of restraint to be used, the maximum time the restraint may be used, and instructions for observing the resident while restrained, if different from the facility's written procedures. Residents certified by a physician or other authorized healthcare provider as requiring restraint for more than 24 hours shall be transferred to an appropriate facility.
D. During emergency restraint, residents shall be monitored at least every 15 minutes, and provided with an opportunity for motion and exercise at least every 30 minutes. Prescribed medications and treatments shall be administered as ordered, and residents shall be offered nourishment and fluids and given bathroom privileges.
906. Discharge/Transfer.
A. Residents shall be transferred or discharged only as appropriate per the provisions of the Resident's Bill of Rights. In cases of medical emergencies, immediate transfer is permissible; however, the family member, and the sponsor, if any, shall be notified at the earliest practical hour, but not later than 24 hours following the transfer. (II)
B. Prior to discharge, the resident, his/her appropriate family member, and the sponsor, if any, shall be consulted.
C. Residents shall be transferred or discharged to a location appropriate to the residents needs and abilities. Residents requiring care and/or supervision shall not be transferred/discharged to a location that is not licensed to provide that care. (II)
D. Upon transfer/discharge of a resident, resident information shall be released in a manner that promotes continuity in the care that serves the best interest of the resident.
E. Upon transfer/discharge, the facility shall ensure that medications, as appropriate, personal possessions and funds are released to the resident and/or the receiving facility in a manner that ensures continuity of care/services and maximum convenience of the resident. (II)
Section 1000--RIGHTS AND ASSURANCES
1001. General (II).
A. The facility shall comply with all current federal, state, and local laws and regulations concerning resident care, resident rights and protections, and privacy and disclosure requirements, e.g., Section 44-81-10, et seq., of the S.C. Code of Laws, 1976, as amended, Resident's Bill of Rights, Alzheimer's Special Care Disclosure Act, and the Omnibus Adult Protection Act notice, Section 43-35-5, et seq. (I)
B. The Resident's Bill of Rights, the Omnibus Adult Protection Act, and other notices as required by law, shall be prominently displayed in public areas of the facility.
C. The facility shall comply with all relevant federal, state, and local laws and regulations concerning discrimination, e.g., Title VII, Section 601 of the Civil Rights Act of 1964, and insure that there is no discrimination with regard to source of payment in the recruitment, location of resident, acceptance or provision of goods and services to residents or potential residents, provided that payment offered is not less than the cost of providing services.
D. Achieving the highest level of self-care and independence by residents shall be reflected in the manner in which the facility provides/promotes resident care, e.g., residents making their own decisions, selecting a physician or other provider, maintaining personal property, managing finances.
E. Should a facility develop "house rules," the rules shall not be in conflict with the provisions of the Resident's Bill of Rights or other rights/assurances addressed in this regulation.
F. Residents shall be provided the opportunity to provide input into changes in facility operational policies, procedures, services, including "house rules."
G. Residents shall be assured freedom of movement. Residents shall not be locked in or out of their rooms or any common usage areas (e.g., dining, sitting, activity rooms) in the facility, or in or out of the facility building. (I)
EXCEPTION: Exit doors may be locked as determined by the facility based upon the condition of the resident, e.g., Alzheimer's disease and/or related dementia, provided Section 2301.D is met.
H. The facility shall develop a grievance/complaint procedure to be exercised on behalf of the residents to enforce the Resident's Bill of Rights which includes the address and phone number of DHL, and a provision prohibiting retaliation should the grievance right be exercised.
I. Care, services, and items provided by the facility, the charges, and those services that are the responsibilities of the resident shall be delineated in writing. The resident shall be made aware of such charges/services and changes to charges/services as verified by the signature of the resident or responsible party.
J. Residents shall not be requested or required to perform any type of care/service in the facility that would normally be the duty of a staff member/volunteer. Residents may be allowed to engage in such activities as listed in the ICP, if strictly voluntary, and under proper supervision. (I)
K. Residents shall be allowed sufficient time to attempt and complete activities of daily living tasks without unnecessary intervening by staff members/volunteers in order to expedite completion of the tasks. Staff members/volunteers shall intervene appropriately as necessary to assist residents whose completion of the tasks may be impeded by their physical/mental condition.
L. Residents shall be permitted to use the telephone and shall be allowed privacy when making telephone calls.
M. In instances when a resident moves/relocates, lack of advance notice by the resident of the departure shall not relieve the facility of the obligation to refund the monies due the resident.
Section 1100--RESIDENT PHYSICAL EXAMINATION AND TB SCREENING
1101. General (I).
A. A physical examination shall be completed for residents within 30 days prior to admission and at least annually thereafter. The physical examination shall address the appropriateness of placement in a CRCF, medications required and self-administration status, and identification of special conditions/care required, e.g., if a resident has a communicable disease, dental problems, podiatric problems, Alzheimer's disease and/or related dementia, etc.
B. The admission physical examination shall include a two-step tuberculin skin test, as described in Section 1702, unless there is a documented previous positive reaction.
C. The physical examination shall be performed only by a physician or other authorized healthcare provider.
D. If a resident or potential resident has a communicable disease, the administrator shall seek advice from a physician or other authorized healthcare provider in order to:
1. Insure the facility has the capability to provide adequate care and prevent the spread of that condition, and that the staff members/volunteers are adequately trained;
2. Transfer the resident to an appropriate facility, if necessary.
E. A discharge summary from a health care facility, which includes a physical examination, may be acceptable as the admission physical examination, provided the summary includes the requirements of Sections 1101.A-C above.
F. Isolation Provisions. Residents with contagious pulmonary tuberculosis shall be separated from all other noninfected residents until declared noncontagious by a physician or other authorized healthcare provider. Should it be determined that the facility cannot care for the resident to the degree which assures the health and safety of the resident and the other residents of the facility, the resident shall be relocated to a facility that can meet his/her needs.
G. In the event that a resident transfers from a facility licensed by the Department to a CRCF, an additional admission physical examination shall not be required, provided the sending facility has had a physical examination conducted on the resident not earlier than 12 months prior to the admission of the resident to the CRCF, and the physical examination meets requirements specified in Sections 1101.A-C above unless the receiving facility has an indication that the health status of the resident has changed significantly. A tuberculin skin test shall be required within one month after admission to the CRCF to which the resident transfers, to document baseline status for that facility. The receiving facility shall acquire a copy of the admission physical examination/tuberculin skin test from the facility transferring the resident. (See Section 1702.B regarding tuberculin skin testing.)
Section 1200--MEDICATION MANAGEMENT
1201. General (I).
A. Medications, including controlled substances, medical supplies, and those items necessary for the rendering of first aid shall be properly managed in accordance with local, state, and federal laws and regulations. Such management shall address the securing, storing, and administering of medications, medical supplies, first aid supplies, and biologicals, their disposal when discontinued or outdated, and their disposition at discharge, death, or transfer of a resident.
B. Applicable reference materials published within the previous three years shall be available at the facility in order to provide staff members/volunteers with adequate information concerning medications.
1202. Medication Orders (I).
A. Medication, to include oxygen, shall be administered to residents only upon orders (to include standing orders) of a physician or other authorized healthcare provider. Medications accompanying residents at admission may be administered to residents provided the medication is in the original labeled container and the order is subsequently obtained as a part of the admission physical examination. Should there be concerns regarding the appropriateness of administering medications due to the condition/state of the medication, e.g., expired, makeshift or illegible labels, or the condition/state of health of the newly-admitted resident, staff members shall consult with or make arrangements to have the resident examined by a physician or other authorized healthcare provider, or at the local hospital emergency room prior to administering any medications.
B. All orders (including verbal orders) shall be received only by staff members authorized by the facility, and shall be signed and dated by a physician or other authorized healthcare provider no later than 72 hours after the order is given.
C. Medications and medical supplies ordered for a specific resident shall not be provided/administered to any other resident.
1203. Administering Medication (I).
A. Doses of medication shall be administered by the same staff member who prepared them for administration. Preparation shall occur no earlier than one hour prior to administering. Preparation of doses for more than one scheduled administration shall not be permitted. Each medication dose administered or supervised shall be properly recorded by initialing on the resident's medication administration record (MAR) as the medication is administered. Recording medication administration shall include medication name, dosage, mode of administration, date, time, and the signature of the individual administering or supervising the taking of the medication. If the ordered dosage is to be given on a varying schedule, e.g., "take two tablets the first day and one tablet every other day by mouth with noon meal," the number of tablets shall also be recorded.
B. Facility staff members may administer routine medications, acting in a surrogate family role, provided these staff members have been trained to perform these tasks in the proper manner by individuals licensed to administer medications. Facility staff members may administer injections of medications only in instances where medications are required for diabetes and conditions associated with anaphylactic reactions under established medical protocol. A staff licensed nurse may administer influenza and vitamin B-12 injections and perform tuberculin skin tests. Although facility staff members may monitor blood sugar levels (provided s/he has been appropriately trained and the facility has received a "Certificate of Waiver" from Clinical Laboratories Improvement Amendments (CLIA)), the provision of sliding scale insulin injections by facility staff members is prohibited.
C. Self-administering of medications by a resident is permitted only:
1. Upon the specific written orders of the physician or other authorized healthcare provider, obtained on a semi-annual basis, or
2. The facility shall ascertain by resident demonstration to the staff, at least quarterly, that s/he remains capable of self-administering medications.
D. Facilities may elect not to permit self-administration.
E. When residents who are unable to self-administer medications leave the facility for an extended period of time, the proper amount of medications, along with dosage, mode, date, and time of administration, shall be given to a responsible person who will be in charge of the resident during his/her absence from the facility; these details shall be properly documented in the MAR. In these instances, the amount of medication needed for the designated period of time may be transferred to a prescription vial or bottle that is properly labeled.
F. At each shift change, there shall be a documented review of the MAR's by outgoing staff members with incoming staff members that shall include verification by outgoing staff members that they have properly administered medications in accordance with orders by a physician or other authorized healthcare provider, and have documented the administrations. Errors/omissions indicated on the MAR's shall be addressed and corrective action taken at that time.
1204. Pharmacy Services (I).
A. Any pharmacy within the facility shall be provided by or under the direction of a pharmacist in accordance with accepted professional principles and appropriate local, state, and federal laws and regulations.
B. Facilities which maintain stocks of legend drugs and biologicals for dispensing to residents shall obtain and maintain a valid, current pharmacy permit from the S.C. Board of Pharmacy.
C. Labeling of medications dispensed to residents shall be in compliance with local, state, and federal laws and regulations, to include expiration date.
1205. Medication Containers (I).
A. Medications for residents shall be obtained from a permitted pharmacy or prescriber on an individual prescription basis. These medications shall bear a label affixed to the container which reflects at least the following: name of pharmacy, name of resident, name of the prescribing physician or other authorized healthcare provider, date and prescription number, directions for use, and the name and dosage unit of the medication. The label shall be brought into accord with the directions of the physician or other authorized healthcare provider each time the prescription is refilled. Medication containers having soiled, damaged, incomplete, illegible, or makeshift labels shall be returned to the pharmacy for re-labeling or disposal.
B. Medications for each resident shall be kept in the original container(s) including unit dose systems; there shall be no transferring between containers (except in instances such as in Section 1203.E above), or opening blister packs to remove medications for destruction or adding new medications for administration, except under the direction of a pharmacist. In addition, for those facilities that utilize the unit dose system, e.g., Medicine-On-Time, an on-site review of the medication program by a pharmacist shall be conducted on at least a quarterly basis to assure the program has been properly implemented and maintained. For changes in dosage, the new packaging shall be available in the facility no later than the next administration time subsequent to the order.
C. If a physician or other authorized healthcare provider changes the dosage of a medication, a label, which does not obscure the original label, shall be attached to the container which indicates the new dosage, date, and prescriber's name. In lieu of this procedure, it is acceptable to attach a label to the container that states, "Directions changed; refer to MAR and physician or other authorized healthcare provider orders for current administration instructions." The new directions shall be communicated to the pharmacist upon receipt of the order.
1206. Medication Storage (I).
A. Medications shall be properly stored and safeguarded to prevent access by unauthorized persons. Expired or discontinued medications shall not be stored with current medications. Storage areas shall be locked, and of sufficient size for clean and orderly storage. Storage areas shall not be located near sources of heat, humidity, or other hazards that may negatively impact medication effectiveness or shelf life. Medications requiring refrigeration shall be stored in a refrigerator at the temperature established by the U.S. Pharmacopeia (36--46 degrees F.). If a multi-use refrigerator is used to store medications outside the secured medication storage area, a separate locked box shall be used to store medications, provided the refrigerator is near the medication storage area.
B. Medications shall be stored:
1. Separately from poisonous substances or body fluids;
2. In a manner which provides for separation between topical and oral medications, and which provides for separation of each individual resident's medication.
C. A record of the stock and distribution of all controlled substances shall be maintained in such a manner that the disposition of each dose of any particular item may be readily traced.
D. Unless the facility has a permitted pharmacy, legend medications shall not be stored except those specifically prescribed for individual residents. Nonlegend medications that can be obtained without a prescription may be retained and labeled as stock in the facility for administration as ordered by a physician or other authorized healthcare provider.
E. The medications prescribed for a resident shall be protected from use by any other individuals. For those residents who have been authorized by a physician or other authorized healthcare provider to self-administer medications, such medications may be kept on the resident's person, i.e., a pocketbook, pocket, or any other method that would enable the resident to control the items.
F. No medication shall be left in a resident's room unless the facility provides an individual cabinet/compartment which is kept locked in the room of each resident who has been authorized in writing to self-administer by a physician or other authorized healthcare provider. In lieu of a locked cabinet/ compartment, storage of medications shall be permitted in a resident room which can be locked, provided the room is licensed for one bed; medications are not accessible by unauthorized persons; the room is kept locked when the resident is not in the room; the medications are not controlled substances and all other requirements of this section are met.
G. During nighttime hours in resident rooms, only medications which a physician or other authorized healthcare provider has ordered in writing for emergency/immediate use, e.g., nitroglycerin or inhalers, may be kept unlocked in or upon a cabinet or bedside table, and only when the resident to whom that medication belongs is present in the room.
1207. Disposition of Medications (I).
A. Upon discharge of a resident, unused medications shall be released to the resident, family member, responsible party, or sponsor, as appropriate, unless specifically prohibited by the attending physician or other authorized healthcare provider.
B. Residents' medications shall be destroyed by the facility administrator or his/her designee when:
1. Medication has deteriorated or exceeded its expiration date;
2. Unused portions remain due to death or discharge of the resident, or discontinuance of the medication (may also be returned to the dispensing pharmacy). Medication that has been discontinued by order may be stored for a period not to exceed 30 days provided they are to be stored separately from current medications.
C. The destruction of medication shall occur within five days of the above-mentioned circumstances, be witnessed by the administrator or his/her designee, the mode of destruction indicated, and these steps documented. Destruction records shall be retained by the facility for a period of two years.
D. The destruction of controlled substances shall be accomplished only by the administrator or his/her designee on-site and witnessed by a licensed nurse or pharmacist, or by returning them to the dispensing pharmacy and obtaining a receipt from the pharmacy.
Section 1300--MEAL SERVICE
1301. General (II).
A. All facilities that prepare food on-site shall be approved by DHL, and shall be regulated, inspected, and graded pursuant to R.61-25. Facilities preparing food on-site and licensed for 16 beds or more subsequent to the promulgation of these regulations shall have commercial kitchens. Existing facilities with 16 licensed beds or more may continue to operate with equipment currently in use; however, only commercial kitchen equipment shall be used when replacements are necessary. Those facilities with 15 beds or less shall be regulated pursuant to R.61-25 with certain exceptions in regard to equipment (may utilize domestic kitchen equipment).
B. When meals are catered to a facility, such meals shall be obtained from a food service establishment graded by the Department, pursuant to R.61-25, and there shall be a written executed contract with the food service establishment.
C. If food is prepared at a central kitchen and delivered to separate facilities or separate buildings and/or floors of the same facility, provisions shall be made and approved by DHL for proper maintenance of food temperatures and a sanitary mode of transportation.
D. Food shall be prepared by methods that conserve the nutritive value, flavor and appearance. The food shall be palatable, properly prepared, and sufficient in quantity and quality to meet the daily nutritional needs of the residents in accordance with written dietary policies and procedures. Efforts shall be made to accommodate the religious, cultural, and ethnic preferences of each individual resident and consider variations of eating habits, unless the orders of a physician or other authorized healthcare provider contraindicate.
1302. Food and Food Storage.
A. The storage, preparation, serving, transportation of food, and the sources from which food is obtained shall be in accordance with R.61-25. (I)
B. Home canned food usage shall be prohibited. (I)
C. All food items shall be stored at a minimum of six inches above the floor on clean surfaces, and in such a manner as to be protected from splash and other contamination. (II)
D. At least a one-week supply of staple foods and a two-day supply of perishable foods shall be maintained on the premises. Supplies shall be appropriate to meet the requirements of the menu and special or therapeutic diets. (II)
E. Food stored in the refrigerator/freezer shall be covered, labeled, and dated. Prepared food shall not be stored in the refrigerator for more than 72 hours. (II)
1303. Food Equipment and Utensils (II).
The equipment and utensils utilized, and the cleaning, sanitizing, and storage of such shall be in accordance with R.61-25.
EXCEPTION: In facilities with five licensed beds or less, in lieu of a three-compartment sink, a domestic dishwasher may be used to wash equipment/utensils, provided the facility has at least a two-compartment sink that will be used to sanitize and adequately air dry equipment/utensils. In facilities with 10 beds or less and licensed prior to May 24, 1991, as CRCF's, in which a two-compartment sink serves to wash kitchen equipment/utensils, an additional container of adequate length, width, and depth may be provided to completely immerse all equipment/utensils for final sanitation. Domestic dishwashers may be utilized in facilities licensed with 10 beds or less prior to May 24, 1991, provided they are approved by DHL.
1304. Meals and Services.
A. All facilities shall provide dietary services to meet the daily nutritional needs of the residents in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences. (I)
B. The dining area shall provide a congenial and relaxed environment. Table service shall be planned in an attractive and colorful manner for each meal and shall include full place settings with napkins, tablecloths or place-mats, and nondisposable forks, spoons, knives, drink containers, plates, and other eating utensils/containers as needed.
C. A minimum of three nutritionally-adequate meals, in accordance with Section 1304.A above, in each 24-hour period, shall be provided for each resident unless otherwise directed by the resident's physician or other authorized healthcare provider. Not more than 14 hours shall elapse between the serving of the evening meal and breakfast the following day. (II)
D. Special attention shall be given to preparation and prompt serving in order to maintain correct food temperatures for serving at the table or resident room (tray service). (II)
E. The same foods shall not be repetitively served during each seven-day period except to honor specific, individual resident requests.
F. Specific times for serving meals shall be established, documented on a posted menu, and followed.
G. Suitable food and snacks shall be available and offered between meals at no additional cost to the residents. (II)
H. Residents shall be encouraged to eat in the dining room at mealtime. Tray service shall be permitted when the resident is medically unable to access the dining area for meals, or if the facility has received written notice from the resident/responsible party of a preference to receive tray service, in which case it may be provided on an occasional basis. Under no circumstances, may staff members utilize tray service for their own convenience. (II)
1305. Meal Service Personnel (II).
A. The health and cleanliness of all those engaged in food preparation and serving shall be in accordance with R.61-25.
B. Sufficient staff members/volunteers shall be available to serve food and to provide individual attention and assistance, as needed.
C. Approved hair restraints (covering all loose hair) shall be worn by all individuals engaged in the preparation of foods.
D. Dietary services shall be organized with established lines of accountability and clearly defined job assignments for those engaged in food preparation and serving. There shall be trained staff members/ volunteers to supervise the preparation and serving of the proper diet to the residents including having sufficient knowledge of food values in order to make appropriate substitutions when necessary. The facility shall not permit residents to engage in food preparation.
EXCEPTION: A resident may engage in food preparation provided the following criteria are met:
1. Approval to engage in food preparation by a physician or other authorized medical authority;
2. The ICP of the resident has indicated food preparation as suitable/beneficial to the resident;
3. The resident is directly supervised by staff members/volunteers (must be in the kitchen with the resident);
4. Preparing food must be part of an organized program in which daily living skills are being taught;
5. The utilization of residents for preparing food is not a substitute for staff members/volunteers.
1306. Diets.
A. If the facility accepts or retains residents in need of medically-prescribed special diets, the menus for such diets shall be planned by a professionally-qualified dietitian or shall be reviewed and approved by a physician or other authorized healthcare provider. The facility shall provide supervision of the preparation and serving of any special diet, e.g., low-sodium, low-fat, 1200-calorie, diabetic diet. (I)
B. If special diets are required, the necessary equipment for preparation of those diets shall be available and utilized.
C. A diet manual published within the previous five years shall be available and shall address at minimum:
1. Food sources and food quality;
2. Food protection storage, preparation and service;
3. Food worker health and cleanliness;
4. Recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences food serving recommendations;
5. General menu planning;
6. Menu planning appropriate to special needs, e.g., diabetic, low-salt, low-cholesterol, or other diets appropriate for the elderly and/or infirmed.
1307. Menus.
A. Menus shall be planned and written at a minimum of one week in advance and dated as served. The current week's menu, including routine and special diets and any substitutions or changes made, shall be readily available and posted in one or more conspicuous places in a public area. All substitutions made on the master menu shall be recorded in writing. Cycled menus shall be rotated so that the same weekly menu is not duplicated for at least a period of three weeks.
B. Records of menus as served shall be maintained for at least 30 days.
1308. Ice and Drinking Water (II).
A. Ice from a water system that is in accordance with R.61-58, shall be available and precautions taken to prevent contamination. The ice scoop shall be stored in a sanitary manner outside of the ice container.
B. Potable drinking water shall be available and accessible to residents at all times.
C. The usage of common cups shall be prohibited.
D. Ice delivered to resident areas in bulk shall be in nonporous, covered containers that shall be cleaned after each use.
1309. Equipment (II).
A. Liquid or powder soap dispensers and sanitary paper towels shall be available at each food service handwash lavatory.
B. In facilities of 16 or more licensed beds, separate handwash sinks shall be provided, convenient to serving, food preparation, and dishwashing areas.
C. All walk-in refrigerators and freezers shall be equipped with opening devices which will permit opening of the door from the inside at all times. (I)
1310. Refuse Storage and Disposal (II).
Refuse storage and disposal shall be in accordance with R.61-25.
A. All facilities shall develop, in coordination with their county emergency preparedness agency, a suitable written plan for actions to be taken in the event of a disaster. Prior to initial licensing of a facility, the completed plan shall be submitted to DHL for review. Additionally, in instances where there are applications for increases in licensed bed capacity, the emergency/disaster plan shall be updated to reflect the proposed new total licensed bed capacity. All staff members/volunteers shall be made familiar with this plan and instructed as to any required actions. A copy of the disaster plan shall be provided to the resident/resident's sponsor at the time of admission.
B. The disaster plan shall include, but not be limited to:
1. A sheltering plan to include:
a. The licensed bed capacity and average occupancy rate;
b. Name, address and phone number of the sheltering facility(ies) to which the residents will be relocated during a disaster;
c. A letter of agreement signed by an authorized representative of each sheltering facility which shall include: the number of relocated residents that can be accommodated; sleeping, feeding, and medication plans for the relocated residents; and provisions for accommodating relocated staff members/volunteers. The letter shall be updated annually with the sheltering facility and whenever significant changes occur. For those facilities located in Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper, and Georgetown counties, at least one sheltering facility shall be located in a county other than these counties.
2. A transportation plan, to include agreements with entities for relocating residents, which addresses:
a. Number and type of vehicles required;
b. How and when the vehicles are to be obtained;
c. Who (by name or organization) will provide drivers;
d. Procedures for providing appropriate medical support and medications during relocation;
e. Estimated time to accomplish the relocation;
f. Primary and secondary routes to be taken to the sheltering facility.
3. A staffing plan for the relocated residents, to include:
a. How care will be provided to the relocated residents, including the number and type of staff members;
b. Plans for relocating staff members or assuring transportation to the sheltering facility;
c. Co-signed statement by an authorized representative of the sheltering facility if staffing is to be provided by the sheltering facility.
1402. Emergency Call Numbers.
Emergency call data shall be posted in a conspicuous place and shall include at least the telephone numbers of fire and police departments, ambulance service, and the poison control center. Other emergency call information shall be available, to include the names, addresses, and telephone numbers of staff members/volunteers to be notified in case of emergency.
1403. Continuity of Essential Services (II).
There shall be a plan to be implemented to assure the continuation of essential resident support services for such reasons as power outage, water shortage, or in the event of the absence from work of any portion of the workforce resulting from inclement weather or other causes.
Section 1500--FIRE PREVENTION
1501. Arrangements for Fire Department Response/Protection (I).
A. Each facility shall develop, in coordination with its supporting fire department and/or disaster preparedness agency, suitable written plans for actions to be taken in the event of fire, i.e., fire plan and evacuation plan.
B. Facilities located outside of a service area or range of a public fire department shall arrange for the nearest fire department to respond in case of fire by written agreement with that fire department. A copy of the agreement shall be kept on file in the facility and a copy shall be forwarded to DHL. If the agreement is changed, a copy shall be forwarded to DHL.
1502. Tests and Inspections (I).
A. Fire protection and suppression systems shall be maintained and tested in accordance with NFPA 10, 13, 14, 15, 25, 70, 72, and 96.
B. All electrical installations and equipment shall be maintained in a safe, operable condition in accordance with NFPA 70 and 99 and shall be inspected at least annually.
1503. Fire Response Training (I).
A. Each staff member/volunteer shall receive training within 24 hours of his/her first day on the job in the facility and at least annually thereafter, addressing at a minimum, the following:
1. Fire plan, including the training of staff members/volunteers;
2. Reporting a fire;
3. Use of the fire alarm system, if applicable;
4. Location and use of fire-fighting equipment;
5. Methods of fire containment;
6. Specific responsibilities, tasks, or duties of each individual.
B. A plan for the evacuation of residents, staff members, and visitors, to include evacuation routes and procedures, in case of fire or other emergencies, shall be established and posted in conspicuous public areas throughout the facility, and a copy of the plan shall be provided to each resident and/or the resident's sponsor at the time of admission.
C. All residents capable of assisting in their evacuation shall be trained in the proper actions to take in the event of a fire, e.g., actions to take if the primary escape route is blocked. Residents shall be trained to assist each other in case of fire to the extent their physical and mental abilities permit them to do so without additional personal risk.
D. Residents shall be made familiar with the fire plan and evacuation plan upon admission.
1504. Fire Drills (I).
A. An unannounced fire drill shall be conducted at least quarterly for all shifts. Each staff member/ volunteer shall participate in a fire drill at least once each year. Records of drills shall be maintained at the facility, indicating the date, time, shift, description, and evaluation of the drill, and the names of staff members/volunteers and residents directly involved in responding to the drill. If fire drill requirements are mandated by statute or regulation, then provisions of the statute or regulation shall be complied with and shall supersede the provisions of Section 1504.
B. Drills shall be designed and conducted in consideration of and reflecting the content of the fire response training described in Section 1503 above.
C. All residents shall participate in fire drills. In instances when a resident refuses to participate in a drill, efforts shall be made to encourage participation, e.g., counseling, implementation of incentives rewarding residents for participation, specific staff/volunteer to resident assignments to promote resident participation. Continued refusal may necessitate implementation of the discharge planning process to place the resident in a setting more appropriate to their needs and abilities.
D. In conducting fire drills, all residents shall evacuate to the outside of the building to a selected assembly point; drills shall be designed to ensure that residents shall be given the experience of exiting through all exits.
Section 1600--MAINTENANCE
1601. General (II).
A. The structure, including its component parts and equipment, shall be properly maintained to perform the functions for which it is designed.
B. Noise, dust, and other related resident intrusions shall be minimized when construction/renovation activities are underway.
Section 1700--INFECTION CONTROL AND ENVIRONMENT
1701. Staff Practices (I).
Staff/volunteer practices shall promote conditions that prevent the spread of infectious, contagious, or communicable diseases and provide for the proper disposal of toxic and hazardous substances. These preventive measures/practices shall be in compliance with applicable guidelines of theBlood borne Pathogens Standard of the Occupational Safety and Health Act (OSHA) of 1970; the Centers for Disease Control and Prevention (CDC); the Department's Guidelines For Prevention and Control of Antibiotic Resistant Organisms in Health Care Settings, and R.61-105; and other applicable federal, state, and local laws and regulations.
1702. Tuberculin Skin Testing (I).
A. Tuberculin skin testing, utilizing a two-step intradermal (Mantoux) method of five tuberculin units of stabilized purified protein derivative (PPD), is a procedure recommended by the CDC Guidelines for Preventing Transmission of Mycobacterium Tuberculosis in Healthcare Facilities to establish baseline status. The two-step procedure involves one initial tuberculin skin test with a negative result, followed 7-21 days later by a second test. It is permissible for a licensed nurse to perform the tuberculin screening.
B. Testing Procedures.
1. Staff members/direct care volunteers of facilities shall be required to have evidence of a two-step tuberculin skin test within three months prior to resident contact. If there is a documented negative tuberculin skin test (at least single-step) within the previous 12 months, the person shall be required to have only one tuberculin skin test to establish a baseline status.
2. Staff members/direct care volunteers with negative test results from the initial two-step procedure shall be required to have an annual one-step skin test.
3. Residents shall have at least the first step within the period for completion of the admission physical examination as specified in Section 1101 (within 30 days prior to admission).
C. Positive Reactions/Exposure.
1. Individuals with tuberculin skin test reactions of 10mm or more of induration and known human immunodeficiency virus (HIV)-positive individuals with tuberculin skin test reactions of 5mm or more of induration shall be referred to a physician or other authorized healthcare provider for appropriate evaluation.
2. All persons who are known or suspected to have tuberculosis (TB) shall be evaluated by a physician or other authorized healthcare provider.
3. Staff members/direct care volunteers will not be allowed to return to work until they have been declared non-contagious.
4. Residents with symptoms of TB shall be isolated and/or treated/referred as necessary until certified as non-contagious by a physician or other authorized healthcare provider.
5. Individuals who have had a prior history of TB shall be required to have a chest radiograph and certification within one month prior to employment/admission by a physician or other authorized healthcare provider that they are not contagious.
6. If an individual who was previously documented as skin test negative has an exposure to a documented case of TB, the facility shall immediately contact the local county health department or the Department's TB Control Division for consultation.
D. Treatment.
1. Preventive treatment of persons who are new positive reactors is recommended unless specifically contraindicated.
2. Individuals who complete treatment either for disease or infection are exempt from further treatment unless they develop symptoms of TB. An individual who remains asymptomatic shall not be required to have a chest radiograph, but shall have an annual documented assessment by a physician or other authorized healthcare provider for symptoms suggestive of TB, e.g., cough, weight loss, night sweats, fever, etc.
1703. Housekeeping (II).
The facility and its grounds shall be neat, uncluttered, clean, and free of vermin and offensive odors.
A. Interior housekeeping shall at a minimum include:
1. Cleaning each specific area of the facility;
2. Cleaning and disinfection, as needed, of equipment used and/or maintained in each area appropriate to the area and the equipment's purpose or use;
3. Safe storage of chemicals indicated as harmful on the product label, cleaning materials, and supplies in cabinets or well-lighted closets/rooms, inaccessible to residents. If a physician or other authorized healthcare provider has determined that a resident is capable of appropriately using a cleaning product or other hazardous agent, the facility may elect to permit the resident to use the product, provided there is a written statement from a physician or other authorized healthcare provider that assures that the resident is capable of maintaining the product in a secure locked manner and that a description of product usage is outlined in the resident's ICP.
B. Exterior housekeeping shall at a minimum include:
1. Cleaning of all exterior areas, e.g., porches and ramps, and removal of safety impediments such as snow and ice;
2. Keeping facility grounds free of weeds, rubbish, overgrown landscaping, and other potential breeding sources for vermin.
1704. Infectious Waste (I).
Accumulated waste, including all contaminated sharps, dressings, and/or similar infectious waste, shall be disposed of in a manner compliant with OSHA Blood-borne Pathogens Standard, and the Department's S.C. Guidelines For Prevention and Control of Antibiotic Resistant Organisms in Health Care Settings, and R.61-105.
1705. Pets (II).
A. If the facility chooses to permit pets, healthy animals that are free of fleas, ticks, and intestinal parasites, and have been screened by a veterinarian prior to entering the facility, have received required inoculations, if applicable, and that present no apparent threat to the health, safety, and well-being of the residents, may be permitted in the facility, provided they are sufficiently fed and cared for, and that both the pets and their housing are kept clean.
B. Pets shall not be allowed near residents who have allergic sensitivities to pets, or for other reasons such as residents who do not wish to have pets near them.
C. Pets shall not be allowed in the kitchen area. Pets shall be permitted in resident dining areas only during times when food is not being served. If the dining area is adjacent to a food preparation or storage area, those areas shall be effectively separated by walls and closed doors while pets are present.
D. If personal pets are permitted in the facility, the housing of those pets shall be either in a resident private room or outside the facility.
1706. Clean/Soiled Linen and Clothing (II).
A. Clean Linen/Clothing. A supply of clean, sanitary linen/clothing shall be available at all times. In order to prevent the contamination of clean linen/clothing by dust or other airborne particles or organisms, clean linen/clothing shall be stored and transported in a sanitary manner, e.g., enclosed and covered. Linen/Clothing storage rooms shall be used only for the storage of linen/clothing. Clean linen/Clothing shall be separated from storage of other purposes.
B. Soiled Linen/Clothing.
1. Soiled linen/Clothing shall neither be sorted, rinsed, nor washed outside of the laundry service area;
2. Provisions shall be made for collecting, transporting, and storing soiled linen/clothing;
3. Soiled linen/Clothing shall be kept in enclosed/covered containers;
4. Laundry operations shall not be conducted in resident rooms, dining rooms, or in locations where food is prepared, served, or stored. Freezers/refrigerators may be stored in laundry areas, provided sanitary conditions are maintained.
EXCEPTION: Residents may sort, rinse/handwash their own soiled, delicate, personal items, e.g., pantyhose, underwear, socks, handkerchiefs, clothing, accessories, heirloom linens, needlepoint, crocheted, or knitted pillows or pillowcases, or other similar items personally owned and cared for by the resident, in a private bathroom sink, provided the practice does not create a safety hazard, e.g., water on the floor.
Section 1800--QUALITY IMPROVEMENT PROGRAM
1801. General (II).
A. There shall be a written, implemented quality improvement program that provides effective self-assessment and implementation of changes designed to improve the care/services provided by the facility.
B. The quality improvement program, as a minimum, shall:
1. Establish desired outcomes and the criteria by which policy and procedure effectiveness is regularly, systematically, and objectively accomplished;
2. Identify, evaluate, and determine the causes of any deviation from the desired outcomes;
3. Identify the action taken to correct deviations and prevent future deviation, and the person(s) responsible for implementation of these actions;
4. Establish ways to measure the quality of resident care and staff performance as well as the degree to which the policies and procedures are followed;
5. Analyze the appropriateness of ICP's and the necessity of care/services rendered;
6. Analyze the effectiveness of the fire plan;
7. Analyze all incidents and accidents, to include all medication errors and resident deaths;
8. Analyze any infection, epidemic outbreaks, or other unusual occurrences which threaten the health, safety, or well-being of the residents;
9. Establish a systematic method of obtaining feedback from residents and other interested persons, e.g., family members and peer organizations, as expressed by the level of satisfaction with care/services received.
Section 1900--DESIGN AND CONSTRUCTION
1901. General (II).
A. A facility shall be planned, designed, and equipped to provide and promote the health, safety, and well-being of each resident. Facility design shall be such that all residents have access to required services. There shall be 200 gross square feet per licensed bed in facilities 10 beds or less, and in facilities licensed for more than 10 beds, an additional 100 gross square feet per licensed bed.
B. Facilities licensed for five beds or less shall be classified as Residential Occupancy and shall follow the requirements of the Standard Building Code (SBC) for Residential Occupancy.
C. Facilities licensed for six beds or more shall follow the requirements of the SBC for Residential R-4 Occupancy and the requirements for dormitories.
D. Facilities housing six or more residents who are incapable of self-preservation shall meet the requirements of the SBC for Institutional Occupancy.
1902. Local and State Codes and Standards (II).
A. Buildings shall comply with pertinent local and state laws, codes, ordinances, and standards with reference to design and construction. No facility shall be licensed unless the Department has assurance that responsible local officials (zoning and building) have approved the facility for code compliance.
B. The Department utilizes the basic codes indicated in Section 102.B.
C. Buildings designed in accordance with the above-mentioned codes shall be acceptable to the Department provided the requirements set forth in this regulation are also met.
1903. Construction/Systems (II).
A. All buildings of facilities, new and existing, being licensed for the first time, or changing their license to provide a different service, shall meet the current codes and regulations.
B. Unless specifically required otherwise in writing by the Department's Division of Health Facilities Construction (DHFC), all existing facilities shall meet the construction codes and regulations for the building and its essential equipment and systems in effect at the time the license was issued. Except for proposed facilities that have received a current and valid written approval to begin construction, current construction codes, regulations, and requirements shall apply to those facilities licensed after the date of promulgation of these regulations.
C. Any additions or renovations to an existing licensed facility shall meet the codes, regulations, and requirements for the building and its essential equipment and systems in effect at the time of the addition or renovation. When the cost of additions or renovations to the building exceeds 50% of the then market value of the existing building and its essential equipment and systems, the building shall meet the then current codes, regulations, and requirements.
D. Buildings of facilities under construction at the time of promulgation of these regulations shall meet the codes, regulations, and requirements in effect at the time of the plan's approval.
E. Any facility that closes or has its license revoked, and for which application for re-licensure is made at the same site, shall be considered a new building and shall meet the current codes, regulations, and requirements for the building and its essential equipment and systems in effect at the time of application for re-licensing.
1904. Submission of Plans and Specifications.
A. New Buildings, Additions, or Major Alterations to Existing Buildings.
1. In all new construction or existing structures proposed to be licensed by the Department, plans and specifications shall be submitted to DHFC for review and approval.
2. Where the SBC or other regulations require fire-rated walls or other fire-rated structural elements, these plans and specifications shall be prepared by an architect and shall bear his/her seal. Plans for a facility with five beds or less shall be drawn to scale; however, preparation by an architect is not required.
3. Construction of, or within buildings of 5000 square feet or more, or three stories or more in height, and involving construction of fire-rated assemblies, must, in addition to Section 1904.A.2 above, provide the Minimum Construction Administration Services, as defined in Regulation 11-12, Code of Professional Ethics, published by The Board of Architectural Examiners, S.C. Department of Labor, Licensing, and Regulation.
4. When construction is contemplated for additions or alterations to existing licensed buildings, the facility shall contact DHFC regarding code and regulatory requirements that apply to that project. Plans and specifications shall be submitted to that division for review.
5. All plans shall be drawn to scale with the title, location, and date indicated thereon.
6. Construction work shall not begin until approval of the final drawings or written permission has been received from DFHC. Any construction deviations from the approved documents shall be approved by DFHC.
B. Plans and specifications are reviewed as necessary to obtain a set of approvable drawings showing all necessary information. These reviews may be, but are not required to be, in three stages: Preliminary, Design Development, and Final.
1. Preliminary submission shall include the following:
a. Plot plan showing:
(1) Size and shape of entire site;
(2) Footprint showing orientation and location of proposed building;
(3) Location and description of any existing structures, adjacent streets, highways, sidewalks, railroads, etc., properly designated;
(4) Size, characteristics, and location of all existing public utilities, including information concerning water supply available for fire protection, distance to nearest fire hydrant; parking; any hazardous areas, e.g., cliffs, roads, hills, railroads, industrial and/or commercial sites, and bodies of water, etc.
b. Floor plans showing blocked spaces (areas) of approximate size and shape and their relationship to other spaces.
2. Design Development drawings shall indicate the following in addition to the above:
a. Cover sheet:
(1) Title and location of the project;
(2) Index of drawings;
(3) Code analysis listing applicable codes (both local jurisdiction and state);
(4) Occupancy classification per SBC;
(5) Type of construction per SBC.
b. Floor plans:
(1) Overall dimensions of buildings;
(2) Locations, size, and purpose of all rooms including furniture layout plan;
(3) Location and size of doors, windows, and other openings with swing of doors properly indicated;
(4) Life Safety plan showing all fire walls, exits, exit calculations, locations of smoke barriers if required, fire-rated walls, locations of stairs, elevators, dumbwaiters, vertical shafts, and chimneys;
(5) Fixed equipment.
c. Outline specifications that include a general description of construction including interior finishes and mechanical systems.
3. Final submission shall include the above in addition to complete working drawings and contract specifications, including layouts for site preparation and landscaping, architectural, plumbing, electrical, mechanical, and complete fire protection.
4. Requirements for Facilities That Prepare Meals.
a. For facilities of six beds or more, food service operations shall be separated from living and sleeping quarters by complete, ceiling-high walls, and solid, self-closing doors. (II)
b. Kitchen ventilation specifications shall be in compliance with Section 2601.G.
c. For commercial kitchens (meals prepared for 16 or more persons), construction shall be in compliance with Chapter VII (A-G) of R.61-25, and a separate floor plan shall be provided depicting:
(1) Location of all equipment;
(2) Make and model number of all equipment (including a thermometer schedule). All equipment used for the preparation and storage of food shall be that approved by the NSF.
(3) Garbage can wash pad on exterior with hot and cold running water;
(4) Grease interceptor;
(5) Floor drains;
(6) Separate hand washing sinks;
(7) Toilet and locker facilities for kitchen staff/volunteers;
(8) Exhaust hood and duct system to the outside;
(9) Hood extinguishing system.
d. Plan submission for domestic kitchens (meals prepared for 15 or less persons) shall include:
(1) Location and identification of all equipment;
(2) An approved three-compartment sink in addition to a hand washing sink;
(3) An exhaust hood and fan of proper size installed over all cooking equipment and vented to the outside. Facilities that prepare meals for 13 or more persons shall have a hood extinguisher system.
5. If the start of construction is delayed for a period exceeding 12 months from the time of approval of final submission, a new evaluation and/or approval is required.
6. One complete set of "as-built" drawings shall be filed with DHFC.
Section 2000--GENERAL CONSTRUCTION REQUIREMENTS
2001. Height and Area Limitations (II).
Construction shall not exceed the allowable heights and areas provided by the SBC.
2002. Fire-Resistive Rating (I).
The fire-resistive ratings for the various structural components shall comply with the SBC. Fire-resistive ratings of various materials and assemblies not specifically listed in the SBC can be found in publications of recognized testing agencies such as Underwriters Laboratories-- Building Materials List and Underwriters Laboratories--Fire Resistance Directory.
2003. Vertical Openings (I).
All vertical openings shall be protected in accordance with applicable sections of the SBC, State Fire Marshal Regulations, and NFPA 101.
2004. Wall and Partition Openings (I).
All wall and partition openings shall be protected in accordance with applicable sections of the SBC and NFPA 101.
2005. Ceiling Openings (I).
Openings into attic areas or other concealed spaces shall be protected by material consistent with the fire rating of the assembly they penetrated.
2006. Firewalls (I).
A. A building is defined by the outside walls and any interior four-hour firewalls and shall not exceed the height and area limitations set forth in the SBC for the type of construction.
B. An addition shall be separated from an existing building by a two-hour, fire-rated wall, unless the addition is of equal fire-resistive rating.
C. When an addition is to be constructed of a different type of construction from the existing building, the type of construction and resulting maximum area and height limitations allowed by the SBC shall be determined by the lesser of the types of construction of the building.
D. If the addition is separated by a four-hour firewall, the addition is considered as a separate building, and the type of construction of the addition shall determine the maximum area and height limitations.
2007. Floor Finishes (II).
A. Floor coverings and finishes shall meet the requirements of the SBC.
B. All floor coverings and finishes shall be appropriate for use in each area of the facility and free of hazards, e.g., slippery surfaces. Floor finishes shall be composed of materials that permit frequent cleaning, and when appropriate, disinfection.
2008. Wall Finishes (I).
A. Wall finishes shall meet the requirements of the SBC.
B. Manufacturers' certifications or documentation of treatment for flame spread and other safety criteria shall be furnished and maintained.
2009. Curtains and Draperies (II).
In bathrooms and resident rooms, window treatments shall provide privacy.
Section 2100--HAZARDOUS ELEMENTS OF CONSTRUCTION
2101. Furnaces and Boilers (I).
Furnaces and boilers shall be maintained in accordance with the applicable provisions of NFPA 31, 70, 85C, and 86.
2102. Dampers (I).
Smoke and fire dampers shall be installed on all heating, ventilating, and air conditioning systems as required by NFPA 90A and the SBC.
Section 2200--FIRE PROTECTION EQUIPMENT AND SYSTEMS
2201. Firefighting Equipment (I).
A. Fire extinguishers shall be sized, located, installed, and maintained in accordance with NFPA No. 10, except that portable fire extinguishers intended for use in resident sleeping areas shall be of the 2-A, 2-1/2 gallon, stored-pressure water type.
B. At least one 4-A: 20-BC-type fire extinguisher shall be installed in the following hazardous areas:
1. Laundry;
2. Furnace room;
3. Any other area having a high-risk fire hazard.
C. At least one 2-A: 10-BC-type fire extinguisher shall be located within 25 feet of exits and no more than 75 feet travel distance.
D. The kitchen shall be equipped with a minimum of one K-type and one 20-BC-type fire extinguisher.
2202. Automatic Sprinkler System (I).
A. An automatic sprinkler system shall be required for all facilities with six or more licensed beds in accordance with the requirements of the SBC under Residential R-4 Occupancy.
B. The sprinkler system shall meet the requirements of NFPA 13, Standard for the Installation of Sprinkler Systems, or when permitted by SBC, NFPA 13R, Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height.
C. All sprinkler systems, wet and dry, shall have remote inspection/test ports.
D. Facilities that house four or more residents who may require physical assistance to exit the building shall be fully-sprinklered in accordance with NFPA 13.
E. Facilities with a soiled linen storage room over 100 square feet in size shall have an approved automatic sprinkler system unless contained in a separate building.
2203. Fire Alarms (I).
A. When a fire alarm system is required, it shall be provided in accordance with provisions of National Fire Alarm Code (NFPA 72), the SBC, and the State Fire Marshal Regulations.
B. The system shall be arranged to transmit an alarm automatically to the fire department by an approved method.
C. The alarm system shall notify by audible and visual alarm all areas and floors of the building.
D. The alarm system shall cause the central re-circulating ventilation fans that serve the area(s) of alarm origination to cease operation and to shut the associated smoke dampers.
E. The fire alarm pull-station shall be placed in an area in accordance with NFPA 72.
F. All fire, smoke, heat, sprinkler-flow, fire-sensing detectors, manual pull-stations, hold-open devices on fire-rated doors, alarming devices, or other fire-related systems, shall be connected to and monitored by the main fire alarm system, and activate the general alarm when any of these devices are activated.
G. The fire alarm system shall have the main fire alarm located at a readily accessible location. An audible/visual trouble indicator shall be located where it can be observed by staff members/volunteers.
H. The fire alarm system shall be tested initially by an individual licensed to install fire alarms, and at least annually thereafter.
I. When a fire alarm system is required and smoke detectors are placed in resident sleeping rooms, there shall be an indicator light in the hall outside the door of the room to indicate when that smoke detector is activated.
EXCEPTION: When the fire alarm system is fully addressable and there are sufficient annunciator panel(s) such that travel distance in any hall to an annunciator panel does not exceed 50 feet, and the annunciator panel will indicate the activated smoke detector by location, the light over the door in the hall is not required.
2204. Smoke Detectors (I).
Smoke detectors shall be installed in accordance with NFPA 72, State Fire Marshal Regulations, and the SBC.
2205. Flammable Liquids (I).
The storage and handling of flammable liquids shall be in accordance with NFPA 30 and 99.
2206. Gases (I).
A. Gases, i.e., flammable and nonflammable, shall be handled and stored in accordance with the provisions of NFPA 99 and 101.
B. Safety precautions shall be taken against fire and other hazards when oxygen is dispensed, administered, or stored. "No Smoking" signs shall be posted conspicuously, and cylinders shall be properly secured in place.
2207. Furnishings/Equipment (I).
A. The physical plant shall be maintained free of fire hazards or impediments to fire prevention.
B. No portable electric or unvented fuel heaters shall be permitted in the facility.
C. Fireplaces and fossil-fuel stoves, e.g., wood-burning, shall have partitions or screens or other means to prevent burns. Fireplaces shall be vented to the outside. "Unvented" type gas logs are not allowed. Gas fireplaces shall have a remote gas shutoff within the room and not inside the fireplace.
D. Wastebaskets, window dressings, portable partitions, cubicle curtains, mattresses, and pillows shall be noncombustible, inherently flame-resistant, or treated or maintained flame-resistant in accordance with NFPA 701, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films.
EXCEPTION: Window blinds require no flame treatments or documentation thereof.
Section 2300--EXITS
2301. Number and Locations of Exits (I).
A. Exits, corridors, doors, stairs, ramp, and smoke partitions shall be provided, installed, and maintained in accordance with the provisions of NFPA 101 and the SBC.
B. Rooms and/or suites greater than 1000 square feet shall have at least two exit access doors remote from each other.
C. If exit doors and cross-corridor doors are locked, the requirements for Special Locking Arrangements in the SBC shall be met.
D. Where it can be demonstrated that the provision of the required "irreversible opening upon a delay," as described in SBC, will create a security problem, an alternate method of locking cross corridor and exit doors may be used, provided the following requirements are met:
1. Unlocked exit doors will create a security problem as determined by the facility based upon the condition of residents in the facility;
2. The locking system complies with the requirements in the SBC for Special Locking Arrangements except the requirement for an "irreversible opening upon delay;"
3. The exit doors can be released electrically by staff members/volunteers by a switch(s) or button(s) located at a nearby control point that is not locked;
4. At each locked door, there shall be a key-operated switch that will unlock the door; a keypad may be used for unlocking the door, but this keypad shall not negate the requirement for a key-operated switch;
5. All staff members/volunteers working in the area carry a readily identifiable (by sight and touch) key on their person;
6. Written approval has been granted by DHFC.
E. Fire alarm pull-stations may be locked if all staff members/volunteers working in the area carry on their person a readily identifiable (by sight and touch) key, and there is an unlocked pull-station centrally located in the facility.
F. Halls, corridors and all other means of egress from the building shall be maintained free of obstructions.
G. Those residents that may require physical or verbal assistance to exit the building shall not be located above or below the floor of exit discharge.
H. Each resident room shall open directly to an approved exit access corridor without passage through another occupied space or shall have an approved exit directly to the outside at grade level and accessible to a public space free of encumbrances.
EXCEPTION: When two resident rooms share a common "sitting" area that opens onto the exit access corridor.
Section 2400--WATER SUPPLY/HYGIENE
2401. Design and Construction (II).
A. A water distribution system, provided by a public or private source, shall be approved by the Department's Bureau of Water before the facility can be constructed and/or placed into operation. (I)
B. Before the construction, expansion, or modification of a water distribution system, application shall be made to the Department for a Permit for Construction. The application shall include such engineering, chemical, physical, or bacteriological data as may be required by the Department and shall be accompanied by engineering plans, drawings, and specifications prepared by an engineer registered in S.C. and shall include his/her signature and official seal.
C. In general, the design and construction of such systems shall be in accordance with standard engineering practices for such installations. The Department shall establish such rules, regulations, and/or procedures as may be necessary to protect the health of the public and to insure proper operation and functioning of the system. The facility's water system shall be in compliance with R.61-58 and other local, state, and federal laws and regulations.
D. Resident and staff hand washing lavatories and resident showers/tubs shall be supplied with hot and cold water at all times.
E. Storage tanks shall be fabricated of corrosion-resistant metal or lined with noncorrosive material.
2402. Disinfection of Water Lines (I).
A. After construction, expansion, or modification, a water distribution system shall be disinfected in accordance with R.61-58.
B. Samples shall be taken from the water system and forwarded to an approved laboratory for bacteriological analysis in accordance with R.61-58. The water shall not be used as a potable supply until certified as satisfactory.
2403. Temperature Control (I).
A. Plumbing fixtures that require hot water and which are accessible to residents shall be supplied with water that is thermostatically controlled to a temperature of at least 100 degrees F. and not to exceed 120 degrees F. at the fixture.
B. The water heater or combination of heaters shall be sized to provide at least six gallons per hour per bed at the above temperature range. (II)
C. Hot water supplied to the kitchen equipment/utensil washing sink shall be supplied at 120 degrees F. provided all kitchen equipment/utensils are chemically sanitized. For those facilities sanitizing with hot water, the sanitizing compartment of the kitchen equipment/utensil washing sink shall be capable of maintaining the water at a temperature of at least 180 degrees F.
D. Hot water provided for washing linen/clothing shall not be less than 160 degrees F. Should chlorine additives or other chemicals which contribute to the margin of safety in disinfecting linen/clothing be a part of the washing cycle, the minimum hot water temperature shall not be less than 110 degrees F., provided hot air drying is used. (II)
2404. Stop Valves.
Each plumbing fixture shall have stop valves to permit repairs without disrupting service to other fixtures. Each group of fixtures on a floor, each branch main, and each supply line shall be valved.
2405. Cross-connections (I).
There shall be no cross-connections in plumbing between safe and potentially unsafe water supplies. Water shall be delivered at least two delivery pipe diameters above the rim or points of overflow to each fixture, equipment, or service unless protected against back-siphonage by approved vacuum breakers or other approved back-flow preventers. A faucet or fixture to which a hose may be attached shall have an approved vacuum breaker or other approved back-flow preventer.
2406. Design and Construction of Wastewater Systems (I).
A. A wastewater system, provided by a public or private source, shall be approved by the Department's Bureau of Water before the facility can be constructed and/or begins operation.
B. Plans, specifications, reports and studies, for the construction, expansion or alteration of a wastewater system shall be prepared by an engineer registered in S.C. and shall carry his/her signature and official seal.
C. The design and construction of wastewater systems shall be in accordance with standard engineering practice and R.61-67.
D. The wastewater system for commercial kitchens shall be in accordance with R.61-25.
E. Liquid waste shall be disposed of in a wastewater system approved by the local authority, e.g., sewage treatment facility.
Section 2500--ELECTRICAL
2501. General (I).
A. Electrical installations shall be in accordance with the NFPA 70 and 99.
B. Wiring shall be inspected at least annually by a licensed electrician, registered engineer, or certified building inspector.
C. All materials shall be listed as complying with available standards of Underwriters Laboratories, Inc. or other similarly established standards.
D. New systems shall be tested to indicate that the equipment is installed and operates as planned or specified.
2502. Panelboards (II).
Panelboards shall be in accordance with NFPA 70. Panelboards serving lighting and appliance circuits shall be located on the same floor as the circuits served. This requirement does not apply to life safety system circuits. The directory shall be labeled to conform to the actual room designations. Clear access to the panel shall be maintained, as per NFPA 70. The panelboard directory shall be labeled to conform to the actual room numbers or designations.
2503. Lighting.
A. Spaces occupied by persons, machinery, equipment within buildings, approaches to buildings, and parking lots shall be lighted. (II)
B. Adequate artificial light shall be provided to include sufficient illumination for reading, observation, and activities. There shall be a minimum of 35 foot-candles in areas used for reading, study, or close work. Lighting in work areas shall not be less than 30 foot-candles.
C. Resident rooms shall have general lighting that provides a minimum of 20 foot-candles in all parts of the room, and shall have at least one light fixture for night lighting. A reading light shall be provided for each resident. The switches to the general and night lighting shall be located at the strike side of the entrance door in each resident room and shall be of the quiet operating type.
D. All food preparation areas, equipment and utensil washing areas, hand washing areas, toilet areas for kitchen staff/volunteers, walk-in refrigeration units, dry food storage areas, and dining areas during cleaning operation shall be lighted in accordance with R.61-25.
E. Hallways, stairs, and other means of egress shall be lighted at all times in accordance with NFPA 101, i.e., at a minimum, an average of one foot-candle at floor level. (I)
2504. Receptacles (II).
A. Resident Room. Each resident room shall have duplex grounding type receptacles located per NFPA 70, to include one at the head of each bed.
B. Corridors. Duplex receptacles for general use shall be installed approximately 50 feet apart in all corridors and within 25 feet of the ends of corridors.
2505. Ground Fault Protection (I).
A. Ground fault circuit-interrupter protection shall be provided for all outside receptacles and bathrooms in accordance with the provisions of NFPA 70.
B. Ground fault circuit-interrupter protection shall be provided for any receptacles within six feet of a sink or any other wet location. If the sink is an integral part of the metal splashboard grounded by the sink, the entire metal area is considered part of the wet location.
2506. Exit Signs (I).
A. In facilities licensed for six or more beds, required exits and ways to access thereto shall be identified by electrically-illuminated exit signs bearing the words "Exit" in red letters, six inches in height, on a white background.
B. Changes in egress direction shall be marked with exit signs with directional arrows.
C. Exit signs in corridors shall be provided to indicate two directions of exit.
2507. Emergency Electric Service (I).
Emergency electric services shall be provided as follows:
A. Exit lights, if required;
B. Exit access corridor lighting;
C. Illumination of means of egress;
D. Fire detection and alarm systems, if required.
Section 2600--HEATING, VENTILATION, AND AIR CONDITIONING
2601. General (II).
A. Heating, ventilation, and air conditioning (HVAC) systems shall comply with NFPA 90A and all other applicable codes.
B. The HVAC system shall be inspected at least once a year by a certified/licensed technician.
C. The facility shall maintain a temperature of between 72 and 78 degrees F. in resident areas.
D. No HVAC supply or return grill shall be installed within three feet of a smoke detector. (I)
E. HVAC grills shall not be installed in floors.
F. Intake air ducts shall be filtered and maintained to prevent the entrance of dust, dirt, and other contaminating materials. The system shall not discharge in such a manner that would be an irritant to the residents/staff/volunteers.
G. All kitchen areas shall be adequately ventilated in order for all areas to be kept free from excessive heat, steam, condensation, vapors, smoke, and fumes.
H. Each bath/restroom shall have either operable windows or have approved mechanical ventilation.
Section 2700--PHYSICAL PLANT
2701. Facility Accommodations/Floor Area (II).
A. The facility shall provide an attractive, homelike, and comfortable environment. There shall be homelike characteristics throughout the facility such as, but not limited to, pictures, books, magazines, clocks, plants, current calendars, stereos, television, and appropriate holiday or seasonal decorations. Consideration shall be given to the preferences of the residents in determining an appropriate homelike atmosphere in resident rooms and activity/dining areas.
B. There shall be sufficient living arrangements providing for residents' quiet reading, study, relaxation, entertainment, or recreation, to include living, dining, and recreational areas available for residents' use.
C. Minimum square footage requirements shall be as follows: (II)
1. Twenty square feet per licensed bed of living and recreational areas combined, excluding bedrooms, halls, kitchens, dining rooms, bathrooms, and rooms not available to the residents;
2. Fifteen square feet of floor space in the dining area per licensed bed.
D. All required care/services furnished at the facility shall be provided in a manner which does not require residents to ambulate from one site to another outside the building(s), nor which impedes residents from ambulating from one site to another due to the presence of physical barriers.
E. Methods for ensuring visual and auditory privacy between resident and staff/volunteers/visitors shall be provided as necessary.
2702. Resident Rooms.
A. A resident shall have the choice to furnish his/her room. Whether the resident or the facility furnishes the room, each resident room shall be equipped with the following as a minimum for each resident:
1. A comfortable single bed having a mattress with moisture-proof cover, sheets, blankets, bedspread, pillow, and pillowcases; roll-away type beds, cots, bunkbeds, and folding beds shall not be used. It is permissible to remove a resident bed and place the mattress on a platform or pallet provided the physician or other authorized healthcare provider has approved and the decision is documented in the ICP. (II)
EXCEPTION: In the case of a married couple sharing the same room, a double bed is permitted if requested. For all other requirements, this shall be considered a bedroom with two beds.
2. A closet or wardrobe, a bureau consisting of at least three drawers, and a compartmentalized bedside table/nightstand to adequately accommodate each resident's personal clothing, belongings, and toilet articles. Built-in storage is permitted.
EXCEPTION: In existing facilities, if square footage is limited, residents may share these storage areas; however, specific spaces within these storage areas shall be provided particular to each resident.
3. A comfortable chair for each resident occupying the room. In facilities licensed prior to the promulgation of this regulation, if the available square footage of the resident room will not accommodate a chair for each resident or if the provision of multiple chairs impedes resident ability to freely and safely move about within their room, at least one chair shall be provided and provisions made to have additional chairs available for temporary use in the resident's room by visitors.
B. If hospital-type beds are used, there shall be at least two lockable casters on each bed, located either diagonally or on the same side of the bed.
C. Beds shall not be placed in corridors, solaria, or other locations not designated as resident room areas. (I)
D. No resident room shall contain more than three beds. (II)
E. No resident room shall be located in a basement.
F. Access to a resident room shall not be by way of another resident room, toilet, bathroom, or kitchen.
EXCEPTION: Access to a resident room through the kitchen is permissible in facilities licensed for five beds or less.
G. Equipment such as bedpans, urinals, and hot water bottles, necessary to meet resident needs, shall be provided. Portable commodes shall be permitted in resident rooms only at night or in case of temporary illness, and suitably stored at all other times. (II)
EXCEPTION: Permanent positioning of a portable commode at bedside shall only be permitted if the room is private, the commode is maintained in a sanitary condition, and the room is of sufficient size to accommodate the commode.
H. Side rails may be utilized when required for safety and when ordered by a physician or other authorized healthcare provider. When there are special concerns, e.g., residents with Alzheimer's disease and/or related dementia, side rail usage shall be monitored by staff members as per facility policies and procedures. (I)
I. In semi-private rooms, when personal care is being provided, arrangements shall be made to ensure privacy, e.g., portable partitions or cubicle curtains when needed or requested by a resident.
J. There shall be at least one full-length mirror in each resident room.
EXCEPTION: When a resident's condition is such that having a mirror may be detrimental to his/her well-being, e.g., agitation and confusion associated with Alzheimer's disease and/or related dementia, full-length mirrors are not required.
K. Consideration shall be given to resident compatibility in the assignment of rooms for which there is multiple occupancy.
L. At least one private room shall be available in the facility in order to provide assistance in addressing resident compatibility issues, resident preferences, and accommodations for residents with communicable disease.
2703. Resident Room Floor Area.
A. Except for facilities with five beds or less, each resident room is considered a tenant space and shall be enclosed by one-hour fire-resistive construction with a 20-minute fire-rated door, opening onto an exit access corridor. (I)
B. Each resident room shall be an outside room with an outside window or door for exit in case of emergency. This window or door shall not open onto a common area screened porch. (I)
C. The resident room floor area is a usable or net area and does not include wardrobes (built-in or freestanding), closets, or the entry alcove to the room. The following is the minimum floor space allowed: (II)
1. Rooms for only one resident: 100 square feet;
2. Rooms for more than one resident: 80 square feet per resident.
D. There shall be at least three feet between beds. (II)
2704. Bathrooms/Restrooms (II).
A. Separate bathroom facilities shall be provided for live-in staff members/volunteers and/or family.
B. In bath/restrooms, the restroom floor area shall not be less than 15 square feet.
C. Toilets shall be provided in ample number to serve the needs of staff members/volunteers. The minimum number for residents shall be one toilet for each six licensed beds or fraction thereof.
D. There shall be at least one lavatory adjacent to each toilet. Liquid soap shall be provided in public restrooms and bathrooms used by more than one resident. A sanitary individualized method of drying hands shall be available at each lavatory.
E. There shall be one bathtub or shower for each eight licensed beds or fraction thereof.
F. All bathtubs, toilets, and showers used by residents shall have approved grab bars securely fastened in a usable fashion.
G. Privacy shall be provided at toilets, urinals, bathtubs, and showers.
H. Toilet facilities shall be conveniently located for kitchen employees. The doors of all toilet facilities located in the kitchen shall be self-closing.
I. Facilities for handicapped persons shall be provided as per the SBC whether or not any of the residents are classified as handicapped.
J. All bathroom floors shall be entirely covered with an approved nonabsorbent covering. Walls shall be nonabsorbent, washable surfaces to the highest level of splash.
K. There shall be a mirror above each bathroom lavatory for residents' grooming.
L. An adequate supply of toilet tissue shall be maintained in each bathroom.
M. Easily cleanable receptacles shall be provided for waste materials. Such receptacles in toilet rooms for women shall be covered.
N. Bar soap, bath towels, and washcloths shall be provided to each resident as needed. Bath linens assigned to specific residents may not be stored in centrally located bathrooms. Provisions shall be made for each resident to properly keep their bath linens in their room, i.e., on a towel hook/bar designated for each resident occupying that room, or bath linens to meet resident needs shall be distributed as needed, and collected after use and stored properly, per Section 1706.
EXCEPTION: Bath linens assigned to specific residents for immediate use may be stored in the bathroom provided the bathroom serves a single occupancy (one resident) room, or is shared by occupants of adjoining rooms, for a maximum of six residents. A method that distinguishes linen assignment and discourages common usage shall be implemented.
2705. Doors (II).
A. All resident rooms and bath/restrooms shall have opaque doors for the purpose of privacy.
B. All glass doors, including sliding or patio type doors shall have a contrasting or other indicator that causes the glass to be observable, e.g., a decal located at eye level.
C. Exit doors required from each floor shall swing in the direction of exit travel. Doors, except those to spaces such as small closets, which are not subject to occupancy, shall not swing into corridors in a manner that obstructs corridor traffic flow or reduces the corridor width to less than one-half the required width during the opening process.
EXCEPTION: Not applicable to facilities with five or less beds not built to institutional standards.
D. Doorways from exit-access passageways to the outside of the facility shall be at least 80 inches in height.
E. Door widths on exit doors shall be in accordance with the SBC.
F. Bath/restroom door widths shall be at least 32 inches wide.
G. Doors to resident occupied rooms shall be at least 32 inches wide.
H. Doors that have locks shall be unlockable and openable with one action.
I. If resident room doors are lockable, there shall be provisions for emergency entry. There shall not be locks that cannot be unlocked and operated from inside the room (see Section 2301.D).
J. All resident room doors shall be solid-core; facilities licensed for six beds or more shall have 20-minute doors with closures.
K. Soiled linen storage room over 100 square feet shall be of one-hour, fire-resistive construction with "C" labeled 3/4-hour door.
2706. Elevators (II).
A. Elevators, if utilized, shall be installed and maintained in accordance with the provisions of the SBC, ANSI17.1 Safety Code for Elevators and Escalators, and NFPA 101, if applicable.
B. Elevators shall be inspected and tested upon installation, prior to first use, and annually thereafter by a certified elevator inspector.
2707. Corridors (II).
A. Corridor width requirements shall be as follows:
1. Less than six licensed beds - not less than 36 inches;
2. Six to 10 licensed beds - not less than 40 inches;
3. Over 10 licensed beds - not less than 44 inches.
B. Corridors and passageways in all facilities shall be in accordance with the SBC.
2708. Ramps (II).
A. At least one exterior ramp, accessible by all residents, staff members/volunteers, and visitors shall be installed from the first floor to grade.
B. The ramp shall serve all portions of the facility where residents are located.
C. The surface of a ramp shall be of nonskid materials.
D. Ramps shall be constructed in a manner in compliance with ANSI 117.1, i.e., for every inch of height, the ramp shall be at least one foot long.
E. Ramps in facilities with 11 or more licensed beds shall be of noncombustible construction. (I)
F. Ramps shall discharge onto a surface that is firm and negotiable by persons who are physically challenged in all weather conditions and to a location accessible for loading into a vehicle.
2709. Landings (II).
Exit doorways shall not open immediately upon a flight of stairs. A landing shall be provided that is at least the width of the door and is the same elevation as the finished floor at the exit. (II)
2710. Handrails/Guardrails (II).
A. Handrails shall be provided on at least one side of each corridor/hallway, and on all stairways, ramps, and porches with two or more steps. Ends of all installed handrails shall return to the wall.
EXCEPTION: In facilities with 10 beds or less, handrails are not required for interior halls.
B. All porches, walkways, and recreational areas (such as decks, etc.) that are elevated 30 inches or more above grade shall have guardrails 42 inches high. Open guardrails shall have intermediate rails through which a six-inch diameter sphere cannot pass.
2711. Screens (II).
Windows, doors and openings intended for ventilation shall be provided with insect screens.
2712. Windows/Mirrors.
A. The window dimensions and maximum height from floor to sill shall be in accordance with the SBC and the Life Safety Code, as applicable.
B. Where clear glass is used in windows, with any portion of the glass being less than 18 inches from the floor, the glass shall be of "safety" grade, or there shall be a guard or barrier over that portion of the window. This guard or barrier shall be of sufficient strength and design so that it will prevent an individual from injuring him/herself by accidentally stepping into or kicking the glass. (II)
C. Windows shall be operable at all times.
D. Where resident safety awareness is impaired, safety (non-breakable) mirrors shall be used.
2713. Janitor's Closet (II).
There shall be a lockable janitor's closet in facilities with 16 licensed beds or more. Each closet shall be equipped with a mop sink or receptor and space for the storage of supplies and equipment.
2714. Storage Areas.
A. Adequate general storage areas shall be provided for resident and staff/volunteer belongings, equipment, and supplies as well as clean linen, soiled linen, wheel chairs, and general supplies and equipment.
B. Areas used for storage of combustible materials and storage areas exceeding 100 square feet in area shall be provided with an NFPA-approved automatic sprinkler system. (I)
C. In storage areas provided with a sprinkler system, a minimum vertical distance of 18 inches shall be maintained between the top of stored items and the sprinkler heads. The tops of storage cabinets and shelves attached to or built into the perimeter walls may be closer than 18 inches below the sprinkler heads. In nonsprinklered storage areas, there shall be at least 24 inches of space from the ceiling. (I)
D. All ceilings, floor assemblies, and walls enclosing storage areas of 100 square feet or greater shall be composed of not less than one-hour fire-resistive construction with "C" labeled 3/4-hour fire-rated door(s) and closer(s). (I)
E. Storage buildings on the premises shall meet the SBC requirement regarding distance from the licensed building. Storage in buildings other than on the facility premises shall be secure and accessible. An appropriate controlled environment shall be provided if necessary for storage of items requiring such an environment.
F. In mechanical rooms used for storage, the stored items shall be located away from mechanical equipment and shall not be a type of storage that might create a fire or other hazard. (I)
G. Supplies/equipment shall not be stored directly on the floor. Supplies/equipment susceptible to water damage/contamination shall not be stored under sinks or other areas with a propensity for water leakage.
H. In facilities licensed after the promulgation of these regulations with 16 beds or more, there shall be a soiled linen storage room which shall be designed, enclosed, and used solely for that purpose, and provided with mechanical exhaust directly to the outside.
2715. Telephone Service.
A. At least one telephone shall be available on each floor of the facility for use by residents and/or visitors for their private, discretionary use; pay phones for this purpose are acceptable. Telephones capable of only local calls are acceptable for this purpose, provided other arrangements exist to provide resident/visitor discretionary access to a telephone capable of long distance service.
B. At least one telephone shall be provided on each floor for staff members/volunteers to conduct routine business of the facility and to summon assistance in the event of an emergency; pay station phones are not acceptable for this purpose.
2716. Location.
A. Transportation. The facility shall be served by roads that are passable at all times and are adequate for the volume of expected traffic.
B. Parking. The facility shall have a parking area to reasonably satisfy the needs of residents, staff members/volunteers, and visitors.
C. Access to firefighting equipment. Facilities shall maintain adequate access to and around the building(s) for firefighting equipment. (I)
2717. Outdoor Area.
A. Outdoor areas where unsafe, unprotected physical hazards exist shall be enclosed by a fence or a natural barrier of a size, shape, and density that effectively impedes travel to the hazardous area. Such areas include but are not limited to steep grades, cliffs, open pits, high voltage electrical equipment, high speed or heavily traveled roads, and/or roads exceeding two lanes, excluding turn lanes, ponds and swimming pools. (I)
B. Where required, fenced areas that are part of a fire exit from the building shall have a gate in the fence that unlocks in case of emergency per Special Locking Arrangements in the SBC. (I)
C. Mechanical or equipment rooms that open to the outside of the facility shall be kept protected from unauthorized individuals. (II)
D. If a swimming pool is part of the facility, it shall be designed, constructed, and maintained pursuant to R.61-51. (II)
E. There shall be sufficient number of outside tables and comfortable chairs to meet the needs of the residents.
Section 2800--SEVERABILITY
2801. General.
In the event that any portion of these regulations is construed by a court of competent jurisdiction to be invalid, or otherwise unenforceable, such determination shall in no manner affect the remaining portions of these regulations, and they shall remain in effect as if such invalid portions were not originally a part of these regulations.
Section 2900--GENERAL
2901. General.
Conditions that have not been addressed in these regulations shall be managed in accordance with the best practices as interpreted by the Department.
61-85. Repealed by State Register Volume 30, Issue No. 6, eff June 23, 2006.
61-86. Repealed by State Register Volume 13, Issue No. 6, eff. June 23, 1989.
61-86.1. Standards of Performance for Asbestos Projects
(Statutory Authority: Sections 44-1-140; 48-1-30; 44-87-10 et seq.)
TABLE OF CONTENTS
Section I. - DEFINITIONS
Section II. - APPLICABILITY
Section III. - ASBESTOS LICENSE FEE SCHEDULE
Section IV. - PERSONNEL LICENSING REQUIREMENTS
Section V. - ASBESTOS PROJECTS/GENERAL INFORMATION
Section VI. - ASBESTOS BUILDING INSPECTION REQUIREMENTS
Section VII. - STANDARDS FOR AIR SAMPLERS
Section VIII. - DISPOSAL REQUIREMENTS
Section IX. - EXEMPTION FROM WETTING FOR ANY SIZED PROJECT
Section X. - NESHAP PROJECTS
Section XI. - SMALL PROJECTS
Section XII. - MINOR PROJECTS
Section XIII. - OPERATION AND MAINTENANCE ACTIVITIES
Section XIV. - GLOVEBAG TECHNIQUE
Section XV. - NON-FRIABLE PROJECTS
Section XVI. - STANDARDS FOR DEMOLITIONS
Section XVII. - OUTDOOR PROJECTS
Section XVIII. - ENCAPSULATION AND ENCLOSURE
Section XIX. - REQUIREMENTS FOR TRAINING COURSES, INSTRUCTORS, AND TRAINING PROVIDERS
Section XX. - INDUSTRIAL MANUFACTURING AND ELECTRICAL GENERATING FACILITIES
Section XXI. - REPRIMANDS, SUSPENSIONS AND REVOCATION
Section XXII. - CONTESTED CASES
Section XXIII. - RECORDS
Section XXIV. - OTHER REQUIREMENTS
Section XXV. - SEVERABILITY CLAUSE
Section I. DEFINITIONS.
1. "Abatement" - Procedures to control fiber release from regulated asbestos-containing materials. This includes removal, enclosure, encapsulation, repair, and any associated preparation, clean up and disposal activities having the potential to disturb regulated asbestos-containing material.
2. "Adequately wet" - To sufficiently mix or penetrate with liquid to prevent the potential release of particulates. The absence of visible emissions is not sufficient evidence of being adequately wet.
3. "Aggressive clearance sampling" - A method of sampling which uses electric fan(s), electric leaf blower(s), and other devices to simulate vigorous activity in the abated area while air samples are being collected.
4. "AHERA" - Regulations developed pursuant to the Asbestos Hazard Emergency Response Act, 40 CFR Part 763, Asbestos Containing Materials in Schools (October 30, 1987).
5. "AIHA" - American Industrial Hygiene Association.
6. "Airlock" - A chamber which permits entrance and exit with minimum air movement between a contaminated area and an uncontaminated area, consisting of two doorways protected by two overlapping polyethylene sheets and separated by a sufficient distance such that one passes through one doorway into the chamber, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway. The airlock maintains a pressure differential between the contaminated and uncontaminated areas, thereby minimizing flow-through contamination further.
7. "Air sampler - A person licensed by the Department to implement air-monitoring plans and analysis schemes during abatement.
8. "Air sampling" - A method such as NIOSH 7400 for PCM, the OSHA Reference Method, 40 CFR 763 Appendix A for TEM, or an equivalent method accepted by the Department used to determine the fiber content of a known volume of air during a specified period of time.
9. "Amended water" - Water to which a surfactant (for example, a non-sudsing detergent) has been added.
10. "Area air sampling" - Any form of air sampling whereby the sampling device is placed at a stationary location either inside or outside the regulated work area.
11. "Asbestos" - The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.
12. "Asbestos abatement entity" - Any individual, partnership, firm, association, corporation, sole proprietorship or other business concern, as well as an employee or member of any governmental, religious, or social organization that is involved in asbestos abatement.
13. "Asbestos containing material (ACM)" - Material containing asbestos of any type, either alone or mixed with other materials, in an amount greater than one percent (1%) as determined by using the method specified in 40 CFR Part 763, Appendix A, Subpart F, Section 1, as amended, or an accepted equivalent. (NOTE: "Appendix A to Subpart F" has been redesignated as, and shall hereinafter be referred to as, "Appendix E to Subpart E" - 60 FR 31917, June 19, 1995.)
14. "Asbestos containing waste materials" - As applied to demolition and renovation operations, this term includes regulated asbestos-containing waste materials and materials contaminated with asbestos, including disposable equipment and clothing.
15. "Asbestos project" - Any activity associated with abatement including inspection, design, air monitoring, in-place management, encapsulation, enclosure, renovation, repair, removal, any disturbance of regulated asbestos containing materials (RACM), and demolition of a facility.
16. "Asbestos project design" - A written or graphic plan prepared by an accredited project designer specifying how an asbestos abatement project will be performed that includes, but is not limited to, scope of work and technical specifications.
17. "Asbestos training course" - A Department-approved initial or refresher course in any discipline listed herein (for example, workers, supervisors, management planners, etc.) that meets the requirements of this regulation and is acceptable for licensing purposes.
18. "Asbestos training course instructor" - A Department-approved individual who will teach work practice topics, non-work practice topics, and/or hands-on topics in any Department-approved initial and/or refresher training course and who meets the qualifications of this regulation.
19. "Asbestos training course provider" - The person, sole proprietorship, public corporation, or incorporated entity that meets the qualifications of this regulation to provide instruction in any of the work practice topics or disciplines, non-work practice topics, and/or hands-on topics in any Department-approved initial and/or refresher training course.
20. "ASHARA" - Regulations developed pursuant to 40 CFR Part 763, Subpart E, Appendix C Model Accreditation Plan, Asbestos School Hazard Abatement Reauthorization Act (November 28, 1992).
21. "Authorized visitor" - The facility owner/operator, or any representative of a regulatory or other agency having jurisdiction over the project. This is limited to government project inspectors, police, paramedics, fire-safety personnel, nuclear plant operators, and insurance loss prevention safety auditors, or other personnel as approved on a case-by-case basis by the Department.
22. "Background monitoring" - Area sampling performed prior to abatement to obtain an index of existing airborne fiber levels under typical activity.
23. "Building inspection" - An activity undertaken at a facility by a Department-licensed asbestos building inspector to determine the presence and location of regulated and non-regulated ACM, and to assess the condition of materials identified as ACM. This includes visual or physical examination and bulk sample collection.
24. "Building inspector" - A person licensed by the Department to examine a facility for the presence of ACM, to identify and assess the condition of the material, and to collect bulk samples.
25. "Category I nonfriable asbestos containing material (ACM)" - Nonfriable asbestos or nonfriable asbestos-containing packing, gaskets, and resilient floor covering; and asphalt roofing products containing greater than one percent (1%) asbestos as determined using the method specified in 40 CFR Part 763, Appendix E, Subpart E, or an accepted equivalent.
26. "Category II nonfriable ACM" - Any material that cannot, when dry, be crumbled, pulverized, or reduced to powder by the forces expected to act upon it in the course of demolition or renovation operations, excluding Category I nonfriable ACM and containing greater than one percent (1%) asbestos as determined using the methods specified in 40 CFR Part 763, Appendix E, Subpart E, or an accepted equivalent.
27. "Clean room" - An uncontaminated area or room that is part of the decontamination enclosure system and that has provisions for storage of street clothing and protective equipment.
28. "Clearance monitoring" - Area air sampling performed using Department accepted aggressive clearance sampling techniques to determine the airborne concentrations of residual fibers upon conclusion of asbestos abatement.
29. "Commercial labor provider" - Any individual, partnership, corporation, or other business concern that is not engaged in an asbestos project but does provide temporary workers or supervisors to the owner/operator of the project.
30. "Contractor" - Any individual, partnership, corporation or other business concern that performs asbestos abatement but is not a permanent employee of the facility owner.
31. "Control measure" - Use of amended water, negative pressure differential equipment, encapsulant, high efficiency particulate air filtration device, glove bag or other state-of-the-art equipment designed to prevent fiber release into the air.
32. "Critical barrier" - At minimum, two independent layers of 6-mil plastic sheeting applied to any opening into a work area in a manner that creates a leak-tight seal within the work area to isolate vents, windows, doors, switches, outlets, and any other cavity or opening to the contaminated work area.
33. "Cut" - To penetrate with a sharp-edged instrument. This includes sawing, but may not include shearing, slicing, or punching.
34. "Decontamination enclosure system" - An enclosed area adjacent and connected to the regulated work area consisting of an equipment room, shower area, and clean room, each separated by airlocks, that is used for the decontamination of employees, materials, and equipment that are contaminated with asbestos.
35. "Demolition" - Wrecking or taking out any load-supporting structural member of a facility together with any related handling operations, the burning of any facility, or moving of a structure.
36. "Department" - The South Carolina Department of Health and Environmental Control's Asbestos Section.
37. "Electrical generating facility" - Any establishment primarily engaged in the generation, transmission and/or distribution of electrical energy for sale.
38. "Emergency operation" - A renovation or demolition operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, will present an imminent safety or public health hazard, will cause equipment damage, or will impose an unreasonable financial burden. This term specifically excludes routine equipment maintenance.
39. "Encapsulation" - A form of abatement involving the treatment of regulated asbestos-containing material (RACM) with a liquid that covers the surface with a protective coating (bridging) or embeds fibers in an adhesive matrix (penetrating) to prevent the release of asbestos fibers.
40. "Enclosure" - A form of abatement involving placement of a leak-tight, impermeable, permanent barrier to prevent access to regulated asbestos-containing material and to prevent the release of asbestos fibers.
41. "EPA" - United States Environmental Protection Agency.
42. "Equipment room" - A contaminated area or room that is part of the decontamination enclosure system and that has provisions for the storage of contaminated clothing and equipment.
43. "Examination date" - The date printed on the Departmental Asbestos Abatement License that indicates the date of successful completion of an examination administered upon completion of an asbestos training course.
44. "F/cc" - Fibers per cubic centimeter.
45. "Facility" - Any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any bridge; any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this requirement is included in this definition, regardless of its current use or function.
46. "Facility component" - Any part of a facility including equipment.
47. "Friable" - Refers to ACM, which may, when dry, be crumbled, pulverized, or reduced to powder by the forces expected to act upon it in the course of demolition or renovation operations. This also refers to previously non-friable ACM after such material becomes damaged to the extent that when dry, can be or has been crumbled, pulverized, or reduced to powder.
48. "Friable asbestos containing material" - Any material that, when dry, can be or has been crumbled, pulverized, or reduced to powder and contains greater than one percent (1%) asbestos as determined using the method specified in 40 CFR Part 763, Appendix E, Subpart E, as amended, or an accepted equivalent.
49. "Goose neck" - Process for sealing the outer bag by twisting the opening of the bag, folding twisted portion of bag over, and creating a loop. Adequately secure the opening of the bag to the base of the twist, using duct tape.
50. "Glovebag" - A sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Information on glovebag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rules on occupational exposure to asbestos, 29 CFR 1926.1101 (August 10, 1994), as amended, and any subsequent amendments or editions.
51. "Grind" - To reduce to powder or small fragments. Grinding includes mechanical chipping or drilling.
52. "HEPA filter" - A high efficiency particulate air filter that will capture particles with an aerodynamic diameter of 0.3 micrometers with a minimum efficiency of 99.97 percent.
53. "Homogeneous area" - Area of surfacing material, thermal system insulation material, or a miscellaneous material that is uniform in color or texture.
54. "HVAC" - Heating, ventilation, and air conditioning.
55. "Industrial manufacturing facility" - Any establishment whose Standard Industrial Classification code falls within Major Groups 20 through 39, excluding any office space that is part of such an establishment.
56. "In poor condition" - Refers to any ACM where the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.
57. "Installation" - Any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of a single owner or operator (or of owners or operators under common control).
58. "Issue date" - The date a license is issued by the Department.
59. "Leak-tight" - Dust, solids, or liquids cannot escape or spill out.
60. "License" - A document issued by the Department that allows an asbestos abatement contractor, building inspector, project designer, management planner, air sampler, supervisor, worker, or other to engage in asbestos projects.
61. "Long-term, in-house contractor" - A contractor having a long-term, often multi-year, contractual arrangement with an industrial manufacturing or electrical generating facility to provide construction and maintenance services, including asbestos abatement. The employees of a designated long-term, in-house contractor shall be covered under the group license of the assigned facility.
62. "Management planner" - A person licensed in accordance with the requirements of this regulation who interprets inspection reports, conducts hazard assessments of asbestos-containing materials, determines appropriate response actions, develops a schedule for implementing response actions, and prepares written management plans.
63. "Manometer" - Instrument for the measurement of gas pressure whose units are represented in inches of water column.
64. "Minor project" - A project where 25 or fewer square or linear feet of regulated asbestos-containing material (RACM) are removed, or where 10 or fewer cubic feet of RACM off a facility component are cleaned up.
65. "Movable object" - A structure within the work area that can be moved (e.g., chair, desk, etc.).
66. "Negative pressure differential equipment" - A portable exhaust system equipped with a HEPA filter.
67. "NESHAP" - National Emission Standards for Hazardous Air Pollutants, 40 CFR 61, Subpart M, February 3, 1994, as amended, and any subsequent amendments or editions.
68. "NESHAP project" - An asbestos project which involves at least 160 square feet or 260 linear feet of regulated asbestos containing material (RACM), or 35 or more cubic feet of RACM off a facility component such that the area or length could not be measured prior to abatement. If several contemporaneous projects in the same area within the same building being performed by the same contractor are smaller than 160 square or 260 linear feet individually but add up to that amount, then the combination of the smaller projects shall be considered one NESHAP project.
69. "NIOSH" - National Institute for Occupational Safety and Health.
70. "Non-industrial facility"- Any public, private, institutional or governmental entity that does not meet the definition of an electrical generating or industrial manufacturing facility as defined in this regulation.
71. "Operation and maintenance (O&M) activity" - The disturbance of regulated asbestos-containing material only when required in the performance of an emergency or routine maintenance activity that is not intended solely as asbestos abatement. In no event shall the amount of ACM disturbed exceed that which can be contained in one glovebag or 6-mil polyethylene bag that shall not exceed 60 inches in length and width.
72. "O&M worker" - An individual licensed under a facility group license to perform an operation and maintenance activity at that facility.
73. "OSHA" - Occupational Safety and Health Administration.
74. "Owner/operator" - Any person or contractor who owns, leases, operates, controls, or supervises a facility being demolished or renovated, or any person who operates, controls, or supervises the demolition or renovation operation, or both.
75. "Owner's representative" - A licensed supervisor, management planner, project designer, or air sampler designated by the facility owner to manage the asbestos project, and who serves to ensure that abatement work is completed according to specification and in compliance with all relevant statutes and regulations.
76. "Personal air sampling" - A method used to obtain an index of an employee's exposure to airborne fibers. Samples are collected outside the respirator in the worker's breathing zone.
77. "Planned renovation operations" - A renovation operation, or a number of such operations, in which some RACM will be disturbed, removed, or stripped within a given period of time and that can be predicted. Individual non-scheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.
78. "Project designer" - A person licensed in accordance with the requirements of this regulation who is directly responsible for planning all phases of an asbestos abatement project design from project site preparation through complete disassembly of all abatement area barriers.
79. "Reciprocity" - A written agreement between another state and South Carolina to use the same or equivalent auditing criteria when evaluating training course materials, course presentations, and instructor qualifications.
80. "Regulated area" - An area established by the owner/operator of an asbestos project to demarcate areas where asbestos abatement activities are conducted; any adjoining area where debris and waste from such asbestos work is stored; and any work area within which airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed, the permissible exposure limit.
81. "Regulated asbestos-containing material (RACM)" - (a) Friable asbestos-containing material; (b) Category I nonfriable ACM that has become friable; (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, drilling, or abrading; or (d) Category II nonfriable ACM that is likely to become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations subject to this regulation.
82. "Removal" - Taking out RACM or facility components that contain or are covered with RACM from any facility.
83. "Renovation" - Altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
84. "Repair" - Returning damaged asbestos-containing material to an undamaged condition or to an intact state so as to prevent fiber release.
85. "Resilient floor covering" - Asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing greater than one percent (1%) asbestos as determined using polarized light microscopy according to the method specified in 40 CFR Part 763, Appendix E, Subpart E, Polarized Light Microscopy, or an accepted equivalent.
86. "Shower room" - A room located between the clean room and the equipment room in the decontamination enclosure system containing a shower with hot and cold or warm running water controllable at the tap.
87. "Small project" - A project where more than 25 but fewer than 160 square feet or more than 25 but fewer than 260 linear feet of RACM are to be abated, or where more than 10 but fewer than 35 cubic feet of RACM off a facility component are to be cleaned up.
88. "Start date" - The date printed on the Departmental-issued asbestos abatement project license, which indicates when asbestos renovation or demolition operations, including any abatement activity having the potential to disturb RACM, will begin.
89. "Strip" - To remove RACM from any part of a facility or facility component.
90. "Structural member" - Any load-supporting member of a facility, such as beams and load-supporting walls; or any non-load-supporting member, such as ceilings and non-load-supporting walls.
91. "Structures per square millimeter" - Reporting measure for Transmission Electron Microscopy (TEM) Analysis. TEM clearance requires fewer than 70 structures per square millimeter (70s/mm2).
92. "Supervisor" - A person licensed by the Department and designated as the contractor's representative to provide direct on-site supervision and guidance to workers engaged in abatement of RACM.
93. "Surfactant" - A chemical wetting agent added to water to improve penetration, such as a non-sudsing detergent.
94. "Temporary storage license" - A license issued by the Department that authorizes storage of asbestos waste from small and minor projects at a secure location deemed acceptable by the Department.
95. "Variance" - Written Departmental approval for the use of alternative work practices at an asbestos project.
96. "Visible emissions" - Any emissions that are visually detectable without the aid of instruments that originate from RACM or asbestos-containing waste material or a regulated work area.
97. "Waste generator" - Any owner/operator of an asbestos project covered by this regulation whose act or process produces asbestos-containing waste material.
98. "Waste shipment record" - The shipping document, required to be originated, prepared, and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material.
99. "Wet cleaning" - The process of removing asbestos contamination from facility surfaces and objects by using cloths, mops, or other cleaning tools that have been dampened with amended water.
100. "Work area" - Designated rooms, spaces, or areas in which asbestos abatement activities are to be undertaken, or that may be contaminated as a result of such abatement activities.
101. "Worker" - A person licensed by the Department to perform asbestos abatement under the direct guidance of an accredited and licensed supervisor.
102. "Working day" - Monday through Friday, including holidays that fall on any of the days Monday through Friday.
Section II. APPLICABILITY.
A. The requirements of this regulation shall apply to: any owner/operator, building inspector, management planner, project designer, contractor, asbestos abatement entity, air sampler, commercial labor provider, supervisor, worker, non-industrial facility owner and/or operator, or demolition contractor involved in the inspection, in-place management, design, removal, encapsulation, enclosure, renovation, repair, demolition activity, or any other disturbance of RACM; and any asbestos training course provider or asbestos training course instructor who conducts mandatory asbestos training courses.
B. There are no size limits for abatement projects involving RACM for which the applicable requirements of this regulation shall not apply unless otherwise specified.
C. An owner/operator may request that the Department determine whether a project is an asbestos project subject to the requirements of this regulation.
D. Asbestos projects occurring at a private residential structure of four units or fewer may be exempt from the requirements of this regulation unless:
1. Performed by a person or persons holding an asbestos abatement license.
2. Performed as part of a larger commercial or public project, such as, but not limited to, highway construction; development of a shopping mall, industrial facility, other private development; or urban renewal, etc.
3. The project involves multiple structures within a compact area ("city block") under the ownership and/or control of a single owner and/or operator. Examples would be a municipality clearing a block of houses for urban renewal purposes or SCDOT clearing a row of houses for a highway-right-of-way project.
4. The structure meets the definition of an installation.
5. The residential structure is being burned for fire training.
E. If asbestos projects occur at separate buildings (different school buildings, for example) then each separate building shall be considered a separate project.
Section III. ASBESTOS LICENSE FEE SCHEDULE.
A. Applicability.
1. The requirements of this Section shall apply to: any owner/operator, asbestos abatement entity, building inspector, management planner, project designer, contractor, asbestos abatement entity, air sampler, commercial labor provider, supervisor, worker, non-industrial facility owner and/or operator, demolition contractor involved in the inspection, in-place management, design, removal, renovation, encapsulation, enclosure, repair, clean-up, demolition activity, or any other disturbance of RACM; and any asbestos training course provider or asbestos training course instructor who conducts mandatory asbestos training courses.
2. Acceptable methods of payment shall be by check or money order made payable to SCDHEC, by credit card (VISA, MasterCard, or Discover), or cash.
3. Each separate building at a multi-building site shall be considered a separate asbestos project, and fees will be assessed for each.
B. Personnel Licensing Fees.
1. No application will be processed unless accompanied by the required fee.
2. Departmental receipt and deposit of fees submitted with an application shall in no way indicate approval of the application or guarantee the issuance of a license.
3. Fees shall not be refunded if a license application is denied per Section IV.F.
4. Fees for any duplicate original license shall be $10.00.
5. Fee schedule: Individual license fees are assessed on a per person per discipline basis.
a. The minimum fee for an O&M Worker Group License is $25.00 and the maximum is $500.00.
b. Fee Schedule:
(1) Up to 10 people - $25.00 minimum fee
(2) 11 to 20 people - $2.50 per person
(3) 21 to 50 people - $5.00 per person
(4) 51 to 90 people - $7.50 per person
(5) 91 or more persons - $500.00 minimum fee
C. Renovation Project Fees.
1. The Department shall collect project license fees based on all RACM being removed and ACM rendered regulated by use of destructive removal techniques such as chipping, grinding, sawing, abrading, drilling, or extensive breaking.
2. Abatement project fees for regulated asbestos-containing materials (RACM) are calculated at 10 cents per linear, square, or cubic foot, with a minimum fee of $25.00 and a maximum fee of $1,000.00.
3. The Department shall not issue an abatement project license for a renovation or demolition until all requested information has been submitted and reviewed and all applicable fees have been paid.
4. Fees shall not be refunded for projects for which the Department has issued an asbestos project license.
5. An abatement project license that has been issued shall automatically become invalid if an instrument of payment is returned for insufficient funds.
D. Demolition Project Fees.
1. The Department shall charge a fee of $50.00 to issue a project license for demolition projects.
2. A project license is required for every facility to be demolished, including any facility in which_the required building survey indicates there is no ACM present.
3. The Department shall not issue a project license for a demolition until all requested information has been submitted and reviewed, and all applicable fees have been paid.
4. Fees shall not be refunded for projects for which the Department has issued a project license.
5. A project license that has been issued shall automatically become invalid if an instrument of payment is returned for insufficient funds, and the licensee shall be subject to enforcement action for operation without a valid license.
Section IV. PERSONNEL LICENSING REQUIREMENTS.
A. Applicability.
1. No person or contractor shall engage in any asbestos project or abatement involving RACM, or ACM rendered regulated by removal techniques or methods, unless licensed to do so by the Department.
2. Every contractor, supervisor, worker, air sampler, project designer, building inspector, or management planner who engages in any asbestos project shall have a current and valid license specific to the duties performed under the license.
3. When a person or contractor engaged in an asbestos project performs duties in more than one discipline, a separate license shall be obtained specific for each discipline. However, a management planner may perform the duties of a building inspector, and a supervisor may perform the duties of a worker without having to obtain separate licenses.
4. A license in any discipline shall only be utilized in accordance with the conditions and provisions contained in the license.
5. When an individual or a company for hire plans to remove RACM, a Department-issued asbestos contractor license must be obtained prior to performing abatement.
B. Training Documentation.
Acceptable documentation of training shall be:
1. An original certificate issued by a Department-approved training course provider and that meets the requirements specified in this regulation; or
2. A valid, original license or accreditation (photocopies or telephone facsimile transmissions shall not be accepted) issued by a state with which the Department has a reciprocal arrangement; or
3. A letter verifying successful completion of training, which includes the name, last four digits of Social Security number, unique certificate number, test score, and printed name and signature of the course instructor and which is sent directly to the Department from the training provider.
C. License Application.
1. Each applicant seeking an asbestos personnel license in any discipline shall:
a. Successfully complete a Department-approved initial training course specific to the discipline and, at the conclusion of the course, pass an examination with a score of 70 percent or above;
b. Submit a completed application to the Department in a format designated by the Department;
c. Submit a color passport style photo or have a photo taken by the Department. Digital photos should be at least one mega pixel in resolution. Still photos should be a minimum of 2"' x 2"' and a maximum of 3"' x 5"'.
2. The application must state the type of license for which the application is being made and must include all of the following information:
a. Supervisor License:
(1) Applicant's name, Social Security number, mailing address, telephone number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial asbestos abatement five-day supervisor training course and all subsequent eight-hour refresher training courses, if applicable.
b. AHERA Worker License:
(1) Applicant's name, Social Security number, mailing address, telephone number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial asbestos abatement four-day worker training course and all subsequent eight-hour refresher training courses, if applicable.
c. Air Sampler License:
(1) Applicant's name, Social Security number, mailing address, telephone number, and, when applicable, company affiliation;
(2) Documentation of successful completion of an initial asbestos abatement five-day_supervisor training course; and
(3) Documentation of successful completion of NIOSH 582 course or equivalent, or documentation that the applicant is a Certified Industrial Hygienist.
d. Project Designer License:
(1) Applicant's name, Social Security number, mailing address, telephone number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial three-day asbestos abatement project designer training course and all subsequent eight-hour refresher training courses.
e. Building Inspector License:
(1) Applicant's name, Social Security number, mailing address, telephone number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial three-day asbestos building inspector training course and all subsequent four-hour refresher training courses, if applicable.
f. Management Planner License:
(1) Applicant's name, Social Security number, mailing address, telephone number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial three-day asbestos building inspector training course and all subsequent four-hour refresher training courses, if applicable; and
(3) Documentation of successful completion of an initial two-day asbestos management planners' training course and all subsequent four-hour refresher training courses, if applicable.
g. Contractor's License:
(1) Company name, mailing address, street address, telephone number, name, and title of a responsible company official, registered agent with the South Carolina Secretary of State's office, and the Federal Employer Identification Number (FEIN); and
(2) The name and license number of a company employee who is currently licensed as a supervisor in affiliation with that company pursuant to this regulation, or an application completed as required herein for a supervisor's license for a company employee.
h. Non-Industrial Facility O&M Group License (this license is facility-affiliated only):
(1) The facility representative shall, on company letterhead, submit the name, Social Security number, and type of training received for each individual to be covered under the facility license; and
(2) Documentation shall be submitted in the form of an original initial and/or refresher asbestos training certificate that is discipline-specific for the duties to be performed by each individual covered under the facility license.
D. Continuing Education.
1. After successful completion of an approved initial training course, an applicant seeking a license in any discipline except that of Contractor shall thereafter successfully complete a Department-approved initial or refresher training course specific to the discipline and, at the conclusion of each course, shall pass an examination with a score of 70 percent or above.
2. If more than 12 months but fewer than 24 months have elapsed since completing an initial or refresher training course, an applicant shall successfully complete either a refresher training course or an initial training course.
3. If more than 24 months have elapsed since successfully completing an initial or refresher training course, an applicant shall complete an initial training course.
4. The Department may require additional initial or refresher training specific to the requirements of this regulation or to air sampling strategies.
E. Action on an Application.
1. Within 15 calendar days after receiving an application, the Department will acknowledge receipt of the application and notify the applicant of any deficiency in the application. Within 30 calendar days after receiving a completed application, including all additional information requested, the Department will issue a license or deny the application.
2. The Department reserves the right to request documentation to verify an applicant's previous training or accreditation in any discipline prior to issuing a license.
3. The Department reserves the right to request documentation, including Social Security numbers, to verify an applicant's identity prior to issuing a license.
F. Denial.
1. The Department shall deny an application if it determines that the applicant has not demonstrated the ability to comply with applicable requirements, procedures, and standards established by:
a. The Department as per South Carolina Regulation 61-86.1;
b. Chapter 87 of the 1976 South Carolina Code of Laws, as amended;
c. The U. S. Environmental Protection Agency as per:
(1) National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, Subpart M, as amended, and any subsequent amendments and editions; and
(2) Asbestos-Containing Materials in Schools, 40 CFR Part 763, Subpart E, as amended, and any subsequent amendments and editions; and
d. Occupational Safety and Health Administration in 29 CFR Part 1926.1101 and 1910.1001, as amended, and any subsequent amendments and editions.
2. The Department shall deny a license to any applicant who has failed to comply with the requirements of a properly issued consent, administrative, or judicial order initiated by the Department.
3. The Department shall deny a license to any applicant if it determines that any information or documentation, including a Social Security number, required by this regulation is fraudulent or has been altered or falsified.
4. The Department shall deny a license to any applicant who fails to remit applicable fees.
5. The Department shall deny a license to any applicant who submits fraudulent or falsified information or documents.
6. The Department will not return fees submitted with any invalid or falsified training and/or identification documents submitted for the purposes of licensing.
7. The Department shall send notification of the denial of an application by certified mail, unless the individual is present when the application is evaluated, in which case the Department will inform the applicant in person of the denial.
8. Reapplication after denial. An application denied per this Section shall be resubmitted as follows:
a. For failure to comply with the requirements of a properly issued consent, administrative, or judicial order initiated by the Department, the application shall not be considered until the applicant complies with said order.
b. For altered or falsified documents, including but not limited to, training certificates, Social Security cards or numbers, and photo IDs, the application shall not be considered by the Department prior to 180 days after receipt of such documents and will only be considered thereafter with proper proof of the applicant having successfully completed an initial course in the discipline in which licensure is sought.
c. For failure to remit applicable fees, the application shall not be considered until all applicable_fees have been received.
9. The applicant may request a hearing pursuant to the provisions of this regulation.
G. Conditions and Generic Alternatives.
In granting a license, the Department may impose reasonable terms and conditions to ensure continuous compliance with the requirements of this regulation.
H. Duration of Licenses.
1. A license shall automatically become invalid if an instrument of payment is returned for insufficient funds.
2. A Contractor's license shall expire one year from the issue date, unless the Department suspends or revokes the license at an earlier date. A Contractor's license shall be considered invalid unless at least one company employee maintains a current, company-affiliated supervisor's license pursuant to this regulation.
3. All other licenses shall expire one year from the examination date printed on the license, which is based on the most recent acceptable training certificate submitted with the application, unless the Department suspends or revokes the license at an earlier date.
4. No license shall be extended beyond its expiration date.
Section V. ASBESTOS PROJECTS/GENERAL INFORMATION.
A. Applicability.
The requirements of this Section shall apply to the owner/operator, building inspector, management planner, project designer, air sampler, supervisor, worker, non-industrial facility owner/operator, or demolition contractor of any asbestos project involving the disturbance of RACM or ACM.
B. General Requirements.
1. A person licensed as an asbestos project designer shall prepare the written design for each abatement renovation project involving the removal of greater than 3,000 square, 1,500 linear or 656 cubic feet of RACM in a facility. However, all projects must be designed in accordance with 40 CFR 763.90(g) (Federal Register, Volume 52, Number 210, Friday, October 30, 1987), as amended, and any subsequent amendments and editions, and this regulation.
2. The asbestos project design must address:
a. Preparation of each asbestos-related work area;
b. Establishment of each containment;
c. Establishment of each decontamination unit and procedures for use;
d. Evaluation and selection of various fiber release control options;
e. Establishment, maintenance, and monitoring of negative air pressure within each containment;
f. RACM enclosure, removal, encapsulation, or repair work practices;
g. Visual inspection procedures for each asbestos abatement containment area;
h. Clean-up and final clearance procedures;
i. Air monitoring, including analysis, documentation, and any other required record keeping;
j. Respiratory protection and personal protective equipment requirements;
k. Procedures for on-site storage, handling, and disposal of ACM and project waste; and
l. Procedures for maintaining personnel licenses and training certificates on-site.
3. An owner/operator shall obtain an asbestos project license from the Department prior to beginning any NESHAP, small, minor, or demolition asbestos project subject to this regulation unless reporting quarterly as specified herein or in the case of an emergency removal.
4. When air monitoring is required by this regulation, the facility owner shall utilize a person licensed as an air sampler and ensure that all air monitoring is performed.
5. When any negative pressure enclosure or contained work area is required for any sized asbestos abatement project or demolition project, the following requirements shall apply:
a. There shall be sufficient negative pressure differential equipment to ensure at least four air changes per hour;
b. A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, shall be maintained as verified and recorded by a manometer;
c. The manometer record of daily readings (to be taken four times during every eight-hour work shift by a licensed air sampler independent from the contractor) verifying the negative pressure shall be maintained at the job site for Department review for the duration of the project;
d. The inlet sensor of the manometer shall be located at the farthest point from any source of make-up air;
e. The manometer must be calibrated prior to the start of each work shift;
f. Negative pressure shall be maintained until final clearance has been achieved; and
g. Air movement shall be directed away from employees performing asbestos work within the enclosure/containment and toward a HEPA filtration or other collection device.
6. The owner/operator shall notify the Department by telephone and follow up in writing as soon as possible, but not later than, the following working day when a project has been canceled.
7. The disposal requirements of this regulation shall be applicable to all asbestos-containing and asbestos-contaminated materials for any abatement activity.
8. The owner/operator shall ensure that contaminated water is filtered through a five-micron or smaller filter and discharged to a sanitary sewer system. No contaminated or filtered water shall be allowed to leak or drain outside of the work area.
C. Other Requirements at the Project Sites.
1. Every asbestos abatement entity performing abatement work shall have at the project site a legible, clear copy of a valid current initial or refresher training certificate issued by an approved training provider.
2. Every asbestos abatement entity performing abatement work shall have a clear, legible copy of a valid Department-issued personnel license at the project site.
3. For the duration of an abatement project, the asbestos owner/operator shall ensure that:
a. Each worker and supervisor employed at the abatement project site meets the applicable training and licensing requirements of this regulation.
b. At all times while abatement (including preparation, removal, and cleanup) of RACM is being performed at NESHAP and small projects, at least one licensed supervisor remains inside of each contained work area supervising the work. During abatement at regulated roofing projects, the supervisor shall be in the immediate work area supervising the work.
c. A means is available at all times during abatement at NESHAP and small abatement projects for Department inspectors or other authorized visitors to communicate with persons within the immediate contained work area in order to gain access.
d. For the duration of the asbestos project, a daily log containing the name and signature of every individual entering the negative pressure enclosure/regulated area shall be maintained on site.
e. The contained work area is secured at all times to prevent access of unauthorized visitors or unprotected persons.
f. Legible copies of Department letters of approval for alternative work practices are at the project site and available for inspection for the duration of abatement.
4. The contractor shall not proceed with abatement unless the air sampler fulfills all specified air monitoring requirements.
5. Commercial labor providers shall ensure that each worker or supervisor has completed appropriate training as specified in this regulation.
D. Alternative Work Practices for Any Sized Asbestos Project.
1. The Department may, on a case-by-case basis, approve and issue a variance for an alternative procedure for control of emissions from an asbestos abatement project, provided the owner/operator submits a written description of the alternative procedure to the Department prior to beginning work and demonstrates to the satisfaction of the Department that compliance with the prescribed procedures will not be practical or feasible, and that the proposed alternative procedures provide equivalent protection from asbestos exposure.
2. The owner/operator shall keep a copy of the Department's written approval at the work site and make it available for review by Department personnel upon request.
E. Emergency Operation.
1. For an emergency operation, the owner/operator must notify the Department by telephone (outside of normal business hours, an electronically recorded verbal notification is acceptable for approval to execute the emergency operation) and must submit a project notification/application as early as possible before, but not later than, the working day following the emergency operation. The notification/application may be transmitted via facsimile.
2. The facility owner shall notify the Department in writing of the date and hour that the emergency occurred; a description of the sudden, unexpected event; and an explanation of how the event caused an unsafe condition, public safety or health threat, equipment damage or would impose an unreasonable financial burden. The owner shall submit this information with the project notification/application.
Section VI. ASBESTOS BUILDING INSPECTION REQUIREMENTS.
A. Applicability.
1. Prior to beginning a renovation or demolition operation at any facility, the facility owner and/or owner's representative shall ensure that an asbestos building inspection is performed to identify the presence of ACM.
2. The asbestos building inspection shall include the facility or part of the facility affected by the renovation or demolition operation.
3. The facility owner and/or owner's representative shall ensure the asbestos building inspection is completed by a person licensed as an asbestos building inspector or management planner.
4. When materials that will be disturbed by the renovation or demolition operation are assumed to be asbestos without the use of laboratory bulk sample results, the provisions of Section VI.A.3 of this regulation does not apply.
5. In a multi-unit building, each separate room in each part of the building or areas affected by the renovation or demolition operation shall be inspected to confirm and quantify ACM homogeneous areas for sampling purposes.
6. To be acceptable, a building inspection shall have been performed no earlier than three years prior to the renovation or demolition, or, if more than three years have elapsed since the most recent inspection, the previous inspection shall be confirmed and verified by a person licensed as a building inspector.
7. The Department will not accept an asbestos building inspection or written report for any structure from an employee of an abatement company also involved in the removal of asbestos-containing materials from that structure, unless the licensed inspector is an employee of an entity regulated under Section XX of this regulation.
8. An asbestos building inspector shall not participate in the analysis of the bulk samples he or she has collected.
B. Asbestos Inspection.
The building inspector or management planner shall:
1. Visually inspect the areas that may be affected by the renovation or demolition operation to identify the locations of all suspected ACM. For a pre-demolition inspection, destructive sampling techniques shall be utilized;
2. Touch all suspected ACM to determine condition, friability, and whether ACM is a regulated material in areas that may be affected by the renovation or demolition operation;
3. Identify all homogeneous areas of suspected ACM in areas that may be affected by the renovation or demolition operation;
4. In areas that may be affected by the renovation or demolition operation, assume that some or all of the homogeneous areas are ACM, and/or for each homogeneous area that is not assumed to be ACM, collect and submit bulk samples for analysis in compliance with this Section;
5. Material Safety Data Sheets (MSDS), statements from the manufacturer, and architecture signoff will not be accepted as proof that a building product contains no asbestos, except in cases where the owner can verify the direct correlation of the building product to the MSDS, statements from the manufacturer, and/or architecture signoff documents. The Department reserves the right to reject documentation that it deems unacceptable.
C. Asbestos Inspection Report Contents.
1. Prior to each demolition operation and upon request for renovations, the Department shall be provided with a complete, legible copy of the asbestos building inspection report.
2. The inspection report shall include:
a. A title page denoting:
(1) The client's name, company, address, and telephone number, and the name and exact location of the facility inspected;
(2) The date the inspection was performed;
(3) The date the inspection report was written; and
(4) The printed name and telephone number of the inspector(s), and his or her affiliated company name, address, and telephone number.
b. A cover letter to the building owner or owner's representative that describes the purpose of the inspection; a general synopsis of the inspection and results; and the name, title, and signature of the inspector(s) and report writer, if different.
c. A detailed narrative of the physical description of the building or part of the building affected by the renovation or demolition operation that includes:
(1) The square footage of the building or part of the building affected by the renovation or demolition operation;
(2) The building materials used in the construction of the exterior, roof, interior, and basement or crawlspace of the building affected by the demolition or affected by the renovation materials operation; and
(3) An estimated or exact quantity (square or linear feet) for all suspect materials whether sampled for or assumed to be asbestos that may be affected by the renovation or demolition operation;
(4) Also include a description of non-suspect materials excluding: glass, metals, kiln brick, cement, fiberglass, concrete, pressed wood, cinder block, and rubber.
d. An executive summary that details:
(1) The type of suspect ACM (e.g., TSI, floor tile, mastic), total square or linear footage, and the total number of samples collected for each separate homogenous area affected by the renovation or demolition operation;
(2) The date of the inspection, type, condition, quantity, sample results, and exact location of ACM positively identified or assumed to be ACM in the part of the building affected by the renovation or demolition operation; and
(3) A list of the homogeneous areas identified are:
(a) Surfacing material that includes, but is not limited to, joint compound; plaster; and painted, troweled on, or spray-applied textured material;
(b) Thermal system insulation (TSI) that includes, but is not limited to, pipe and boiler insulation; or
(c) Miscellaneous material that includes, but is not limited to, flooring, roofing, mastics, gaskets, cementitious materials, caulkings, ceiling tiles, fire doors, wall boards, and flexible duct connections;
(4) Whether the material is accessible for the building or part of the building affected by the renovation or demolition operation; and
(5) The material's potential for disturbance for the building or part of the building affected by the renovation or demolition operation.
e. For renovation and demolition operations, the inspector's determination that ACM is friable or non-friable.
f. Except when suspect ACM materials are assumed to be asbestos, include a complete, clear, legible copy of all laboratory bulk sample results.
g. Clear, legible drawings and/or photographs to clarify the scope of the renovation or demolition operation. Illustrate the exact location of each sample collected. For facilities that involve a trade secret or confidential component or an affected area process, a request for a variance may be submitted.
h. The printed name and signature of each accredited inspector who collected the samples, and a clear legible copy of his or her Department issued asbestos building inspector or management planner license.
D. Sampling.
1. A licensed asbestos inspector shall collect, in a statistically random manner, a minimum of three bulk samples from each homogeneous area of any surfacing that is not assumed to be ACM, and shall collect the samples as follows:
a. At least three bulk samples shall be collected from each homogeneous area that is 1,000 or fewer square feet (sf) or linear feet (Lf) in size.
b. At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 but fewer than or equal to 5,000 sf or Lf.
c. At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 sf or Lf.
2. A licensed asbestos inspector shall collect, in a statistically random manner, at least three bulk samples from each homogeneous area of TSI and any miscellaneous material that is not assumed to be ACM. In accordance with ASTM E2356, and any subsequent amendments and editions, negative results for non-friable organically bound materials such as flooring and roofing shall be verified with at least one TEM analysis.
3. Each owner/operator shall have all bulk samples collected per this regulation analyzed for asbestos using laboratories accredited by the National Institute of Standards and Technology (NIST), National Voluntary Laboratory Accreditation Program (NVLAP), or an equivalent standard as approved by the Department.
4. Bulk samples shall be analyzed for asbestos content by polarized light microscopy (PLM) using the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples" found in Appendix E to subpart E of 40 CFR 763, the "Method for the Determination of Asbestos in Bulk Building Materials" (EPA/600/R-93/116), ASTM E2356, or other method(s) deemed acceptable by the Department on a case-by-case basis.
5. A homogeneous area is not considered to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of one percent (1%) or less.
6. A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than one percent (1%).
Section VII. STANDARDS FOR AIR SAMPLERS.
A. Applicability.
This Section shall apply to each owner, owner's representative and/or air sampler engaged in an asbestos project where air sampling is required.
B. General Requirements.
1. Area air sampling shall be performed by a licensed air sampler.
2. Abatement air sampling data collected by a licensed air sampler under contract with or employed by the asbestos contractor performing the abatement will not be acceptable to the Department.
3. Air sampling shall be conducted using collection media, procedures, and analytical methods in accordance with NIOSH Method 7400 when Phase Contrast Microscopy (PCM) is used, and with Electron Microscope Measurement of Airborne Asbestos Concentrations [EPA Report 600/2-77-178 (1978) and EPA Contract No. 68-02-3266 (1984)] when Transmission Electron Microscopy (TEM) is used.
4. Any alternative procedure for clearance sampling shall require prior written approval from the Department. The written request must provide a detailed description of the alternative procedure and an explanation of how it will provide an equivalent level of protection to facility occupants.
5. The air sampler shall:
a. Ensure that all air sampling pumps are accurately calibrated prior to operation by utilizing a rotometer that has been calibrated within the past six months using a primary standard, such as a bubble burette or a dry calibrator. Calibration data shall be maintained at the project site for the duration of abatement.
b. Ensure that all air sampling pumps are operating properly and that the filtered sampling cassettes are securely attached to the pumps for the duration of sampling.
c. Maintain current background, daily, and clearance air monitoring data at the project site, and make the data available for review by Department personnel and other authorized visitors upon request.
d. Ensure that there are always at least four sampling pumps operating properly for the duration of any asbestos project requiring daily area air monitoring.
e. Collect area air samples for a minimum of two and one half hours for each four-hour work period during preparation, removal, and clean-up activities at NESHAP projects.
f. Maintain a log for the duration of an asbestos project describing daily activities.
g. Follow the procedures specified in NIOSH 7400 or an equivalent method acceptable to the Department when conducting clearance air monitoring.
h. Submit a written copy of the sampling procedures and clearance air monitoring results to the facility owner within five working days following the completion of the project and to the Department upon request.
C. Background Monitoring.
1. The air sampler shall collect a minimum of five air samples at a NESHAP abatement project prior to the start of abatement activities in order to obtain an index of background airborne fiber concentrations.
2. Samples shall be taken both inside and outside the work area to establish existing ambient air levels under normal activity conditions.
3. The air sampler shall document any variations and justifications for the variations, and shall maintain a written copy of the sampling variation(s) at the project site for the duration of the abatement, and shall provide the information to the Department upon request.
4. No background air sampling is required at small, minor, and O&M abatement projects.
5. Background sampling, when required, may be analyzed using PCM methods.
D. Daily Monitoring.
1. Once abatement activities begin at a NESHAP abatement project, the air sampler shall conduct representative daily area sampling in the following areas:
a. In the equipment room of the decontamination enclosure systems;
b. At the entrance to the clean room of each decontamination enclosure system;
c. Outside the work area in uncontaminated areas of the facility;
d. Where the negative pressure differential equipment exhausts, at a distance no greater than five to eight feet from the air flow when feasible. When multiple machines are in operation, the air sampler may rotate the sampling; however, all exhausts must be monitored daily; and
e. The total volume of air collected for daily area air sampling shall be in accordance with 40 CFR Part 763 and/or NIOSH 7400 and any subsequent revisions for analytical methodology.
2. The air sampler shall document any variations and justifications for the variations, and shall maintain a written copy of the sampling variation at the project site for the duration of the abatement and provide the information to the Department upon request.
3. Daily air sampling, when required, may be analyzed using PCM methods.
E. Clearance Monitoring.
1. Where clearance air monitoring is required by this regulation, the clearance standard for any NESHAP abatement project shall be: by Phase Contrast Microscopy less than or equal to 0.01 f/cc; or by Transmission Electron Microscopy (TEM). The clearance standard is less than or equal to 70 s/mm2 using the Mandatory TEM Method described in 40 CFR 763, Appendix A of Subpart E, as amended, and any subsequent amendments and editions. The Z test with a value of Z less than or equal to 1.65 for a Z test carried out as described in 40 CFR 763, Appendix A of Subpart E, as amended, and any subsequent amendments and editions, shall be allowed for clearance purposes only with prior Department approval.
2. The total volume of air collected for clearance air sampling shall be in accordance with 40 CFR Part 763 and/or NIOSH 7400 and any subsequent revisions for analytical methodology.
3. A licensed air sampler shall conduct, at a minimum, PCM clearance air monitoring at the completion of each NESHAP project. Projects exceeding the project design threshold (3,000 sf, 1,500 Lf, and 656 cubic feet of RACM) will require TEM clearance air monitoring.
4. When conducting clearance air monitoring, the air sampler shall follow the procedures specified in Measuring Airborne Asbestos Following An Abatement Action, EPA Report 600/4-85-049 (1985), which is hereby incorporated by reference, or an equivalent method acceptable to the Department. Procedures shall be summarized and submitted to the facility owner. The air sampler shall report the clearance air monitoring results in writing to the facility owner within five working days following completion of the project and to the Department upon request.
5. Sampling shall not begin until wet cleaning has been completed and no visible pools of water or condensation remain. Sufficient time shall be allowed for all surfaces to dry. The sampling zone shall be representative of the building occupants' breathing zone.
6. Sampling shall not begin until the air sampler has performed a visual inspection and authorizes final clearance air monitoring.
7. Sampling shall be conducted only after all interior wall, ceiling, and floor polyethylene sheeting has been removed. Critical barriers and the five-stage decontamination enclosure system shall remain in place until the abated area has passed final clearance.
8. For projects subject to 40 CFR Part 763, AHERA, as amended, and any subsequent amendments or editions, conduct clearance air monitoring after abatement in areas to be reoccupied (including interior spaces, porticos, and covered exterior walkways) and abatement on exterior portions of mechanical systems used to condition interior spaces. For projects equal to or greater than 160 sf, 260 Lf or 35 cubic feet, TEM clearance air monitoring is required.
9. At least one licensed asbestos project supervisor shall remain at an asbestos project site for the duration of the final clearance visual inspection and clearance air sample collection process.
Section VIII. DISPOSAL REQUIREMENTS.
A. Applicability.
This Section shall apply to each owner/operator engaged in a renovation abatement project.
B. General Requirements.
1. Each owner/operator engaged in a renovation abatement project subject to this Section shall ensure that:
a. Each container (bag, drum, wrapped component, etc.) is labeled so that labels have the appearance of or are designed in accordance with OSHA 29 CFR 1926.1101 (August 10, 1994), as amended, and any subsequent amendments and editions, and EPA 40 CFR 61.150 (November 20, 1990), as amended, and any subsequent amendments and editions.
b. All asbestos waste bags and/or containers shall be properly labeled prior to being placed into the waste transport vehicle.
c. Waste generator labels are:
(1) Written legibly and in indelible ink; and
(2) Displayed in a prominent location on the outer most bag or container.
d. Asbestos waste is disposed of at a landfill approved or permitted to accept asbestos waste.
e. Asbestos waste is not stored at a location other than the facility site without prior written approval from the Department.
f. Stored asbestos waste is maintained in a secured, locked location where access is controlled.
g. Asbestos waste is transported and disposed of in a manner that will not permit the release of asbestos fibers into the air (e.g., enclosed or retrofitted covered vehicle).
h. Asbestos waste is transported in accordance with the following procedures:
(1) The cargo area of the transport vehicle shall be free of debris and be lined with at least one layer of 6-mil polyethylene sheeting.
(a) Floor sheeting shall be installed first and shall extend up the side walls at least_12 inches and shall be taped securely into place.
(b) Wall sheeting shall overlap by at least six inches and be taped into place.
(c) Ceiling sheeting shall extend down the sides of the walls at least six inches_and be taped into place.
(2) If asbestos waste is transported exclusively in leak-tight clean drums, or other leak-tight, rigid containers approved by the US Department of Transportation as appropriate shipping containers for asbestos waste, then polyethylene sheeting is not required.
(3) Drums, bags, wrapped components, and other leak-tight containers that have been removed from the work area shall be labeled in accordance with 1.a. of this Section prior to being loaded into an appropriate vehicle for transportation.
(4) Any debris or residue observed on containers or surfaces outside of the work area resulting from abatement activities shall immediately be cleaned using wet methods and a vacuum equipped with a HEPA filter.
(5) Containers shall be carefully placed, not thrown, into the truck cargo area. Drums shall be placed on a level surface in the cargo area and packed tightly or blocked and braced to prevent shifting and tipping. Large structural components shall be secured to prevent shifting.
(6) Asbestos waste that is removed from a facility site shall be transported directly to an approved landfill unless it is stored in the location designated in a temporary storage license issued to the owner/operator by the Department.
(7) Metal dumpsters or containers in which asbestos waste is temporarily stored at the abatement site shall be lined with 6-mil polyethylene sheeting to prevent contamination and shall have doors or tops. The doors and tops shall be closed and locked except during loading or unloading of asbestos waste.
(8) Metal dumpsters or containers used for waste storage shall be labeled in accordance with OSHA 29 CFR 1926.1101, August 10, 1994, as amended, and any subsequent amendments and editions.
(9) Bags shall be free of splits, rips, and tears, and shall be carefully placed, not thrown, into the transport vehicle.
(10) Any equipment, materials, or supplies stored in the waste transport vehicle shall be isolated from the asbestos waste by a leak-tight barrier. All containers and wrappings shall be free of asbestos contamination.
(11) Non-asbestos waste shall not be placed in waste containers or bags labeled as asbestos waste.
(12) The vehicle used to transport asbestos wastes shall be labeled in accordance with 40 CFR 61.149(d)(1)(i), (ii), and (iii), as amended, and any subsequent amendments and editions.
2. The owner/operator shall dispose of asbestos waste in accordance with the following procedures:
a. Upon reaching the landfill, vehicles shall approach the dump location as closely as possible to unload asbestos waste.
b. Bags, drums, and wrapped components shall be inspected when unloaded at the disposal site. Material in damaged containers shall be rewrapped or repacked in empty drums or bags.
c. Waste containers shall be placed on the ground at the disposal site, not dropped or thrown out.
d. Unloading of metal dumpsters or containers by tipping or tilting is permitted without re-inspecting individual bags or drums, provided there are no visible emissions.
e. Following the removal of all containerized waste, polyethylene sheeting shall be removed and discarded in bags or drums along with contaminated cleaning materials and protective clothing.
f. After asbestos waste has been unloaded, the truck cargo area, including the floor, walls, and ceiling, shall be decontaminated using wet methods or a vacuum equipped with a HEPA filter until no visible residues remain.
g. A copy of a completed waste shipment record with signature of the landfill operator shall be submitted to the Department by the asbestos contractor within 45 working days of completion of removal.
h. A waste shipment record shall be used and shall include the asbestos project license number; names of the facility owner, contractor and disposal site; the estimated quantity of asbestos waste; and the type and number of containers used. Each time the material changes custody, the record shall be signed by the person(s) receiving the waste. If a separate hauler is used, the hauler's name, address, telephone number, and the driver's signature shall also appear on the record.
i. The owner/operator shall ensure that asbestos-containing or asbestos-contaminated waste_materials are not burned or recycled.
j. Commercial rental vehicles shall not be used to transport any asbestos, asbestos-containing, or asbestos-contaminated waste. This prohibition does not apply to tractors but does apply to cargo compartment areas used to store and/or transport asbestos waste. Rental vehicles do not include leased vehicles.
C. Temporary Asbestos Storage Containment Area Site.
1. Prior written approval must be obtained from the Department before a site other than an asbestos abatement project site can be used for the storage of regulated asbestos-containing waste from small, minor, or O&M asbestos projects. NESHAP asbestos project waste must be deposited into an approved landfill and may not be stored.
2. Written authorization shall also be obtained from the facility owner or his representative prior to transporting regulated asbestos-containing waste from the facility site of generation (verification of the property owner's authorization must be sent directly to the Department by the facility owner).
3. In order to have a site permitted as a Temporary Asbestos Storage Containment Area, the operator must demonstrate that adequate precautions have been and will continue to be taken to ensure that the waste is properly maintained for the duration of its storage.
4. An operator must submit an application requesting a license for a Temporary Asbestos Storage Containment Area to the Department for review at least 45 working days in advance. The Department will acknowledge receipt of the application and notify the applicant of any deficiency in the application.
5. Within 45 working days after receiving a completed application, including additional information requested, the Department will issue a license or deny issuance of the license.
6. The Department reserves the right to inspect the proposed Temporary Asbestos Storage Containment Area prior to granting final approval.
7. Approval of the Temporary Asbestos Storage Containment Area will be valid for one year from the date of issuance unless the authorization is revoked or suspended by the Department at an earlier date.
8. The Department may revoke or suspend a license based on falsification of or known omission of information from an application for this license, omission or improper use of work practices, improper disposal of ACM, and/or spread of asbestos waste beyond the containment area.
9. In order to renew a storage license, the operator of a Temporary Asbestos Storage Containment Area must resubmit an application for off-site storage of regulated asbestos-containing waste to the Department at least 45 working days prior to the expiration of the existing permit. Previous approval of a site as a Temporary Asbestos Storage Containment Area does not guarantee re-issuance or continuance of a storage license.
Section IX. EXEMPTION FROM WETTING FOR ANY SIZED PROJECT.
A. General Provisions.
In renovation operations, wetting is not required if:
1. The owner/operator has obtained prior written approval from the Department based on a written application that wetting to comply with this Section would unavoidably damage equipment or present a safety hazard; and
2. The owner/operator uses one or more of the following emission control methods:
a. A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of asbestos materials. The system must exhibit no visible emissions to the outside air or must be designed and operated in accordance with the requirements in EPA Regulation 40 CFR 61.152, as amended, and any subsequent amendments and editions;
b. A glovebag system designed and operated in accordance with the requirements of OSHA regulation 29 CFR 1926.1101, as amended, and any subsequent amendments and editions;
c. Leak-tight wrapping to contain all RACM prior to dismantlement;
3. In renovation operations where wetting would result in equipment damage or a safety hazard and the methods allowed in this Section cannot be used, an owner or operator may use another method after obtaining written approval from the Department based on its determination that the alternative method is equivalent to wetting. The owner/operator shall keep a copy of the Department's written approval at the work site and make it available for review by Department personnel upon request.
B. Temperature Constraints.
When the temperature at the point of wetting is below 0° C (32° F):
1. During periods when wetting operations are suspended due to freezing temperatures, the owner/operator must record the temperature in the area containing the asbestos-coated or covered facility components at the beginning, middle, and end of each workday and keep daily temperature records. A copy of these records must be maintained at the project site and made available for inspection by Department personnel upon request. The facility owner must maintain these temperature records for two years from the date the project is completed and shall provide a legible copy of the data to the Department upon request.
2. The owner/operator may request to use an alternative work practice by submitting to the Department a written description of control measures to be used that will afford the same level of protection as wetting. A legible copy of the Department's approval letter must be available at the project site for the duration of the asbestos project and shall be made available for review by Department personnel upon request.
3. The owner/operator shall remove facility components containing, coated with, or covered with RACM as units or in sections and shall secure the units or sections leak-tight in 6-mil or thicker polyethylene sheeting.
Section X. NESHAP PROJECTS.
A. Applicability.
The notification/application, work practice, air sampling, clean-up and disposal requirements of this Section shall apply to each owner/operator of a renovation asbestos project, where the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed includes at least 260 linear feet on pipes, or 160 square feet on other facility components, or 35 cubic feet off of facility components where the area or length could not be measured prior to abatement.
B. Notification/Application.
1. Each owner/operator of a renovation or demolition operation to which this Section applies shall:
a. Provide the Department with written notification/application at least ten complete working days prior to any renovation or demolition operation, and pay all applicable project fees. Acceptable delivery of the notification and fee payment is by U.S. Postal Service or commercial delivery service, by hand, or by other methods deemed acceptable by the Department.
b. Update/revise the notification/application and pay appropriate fees as required when any previously-notified information changes, including but not limited to, when the amount of asbestos affected increases or decreases more than five percent (5%), when the project start or completion date changes, when the disposal site changes, and/or the project has been cancelled. The owner/operator shall notify the Department by telephone and follow up in writing as soon as possible before, but not later than, the following working day.
c. Prior to each demolition operation, and upon request for renovations, provide the Department with a complete legible copy of the asbestos building inspection report.
d. Begin abatement on the start date contained in the Department-issued asbestos project license.
e. Project designs shall be submitted at the Department's request.
2. When the asbestos stripping or removal operation or demolition operation covered by this Section will begin on a date earlier than the previously-notified start date, the owner/operator shall provide the Department with written notification/application of the new start date at least ten working days before asbestos stripping or removal work will begin. The Department may waive this requirement on a case-by-case basis, although the owner/operator shall provide all required information in writing prior to commencing any abatement activities.
3. The owner/operator of an asbestos stripping or removal operation covered by this Section shall:
a. Notify the Department of the new start date by telephone as soon as possible before, but notlater than, the original start date, when the renovation will begin after the date contained in the initial notification/application and in the asbestos project license issued by the Department.
b. Provide the Department with an updated written notice of the new start date as soon as possible before, but not later than, the original start date. Acceptable delivery of the updated notice is by the U.S. Postal Service or commercial delivery service, by hand, or by other methods deemed acceptable by the Department.
c. Provide the Department with an updated written notice of the new completion date as soon as possible before, but not later than, one working day following the completion of the project when the asbestos stripping or removal operation covered by this Section will end on a date earlier than contained in the initial notification and in the asbestos project license issued by the Department. Acceptable delivery of the updated notice is by the U.S. Postal Service or commercial delivery service, by hand, or by other methods deemed acceptable by the Department.
d. Provide the Department with written notification/application of the new completion date as soon as possible before, but not later than, the original completion date when the asbestos stripping or removal operation covered by this Section will end on a date later than contained in the initial notification/application and in the asbestos project license issued by the Department. Acceptable delivery of the updated notice is by the U.S. Postal Service or commercial delivery service, by hand, or by other methods deemed acceptable by the Department.
4. The written notification /application shall include:
a. Indication whether the notification/application is an original, revision, or cancellation;
b. Name, address, and telephone number of the owner/operator;
c. Type of operation: demolition or renovation;
d. Description of the facility or affected part of the facility, including the square footage, number of floors, age, and prior, present, and intended use of the facility;
e. Description of the procedures and analytical methods used to detect the presence of ACM (regulated and non-regulated), date of inspection, and name, address, telephone number, and license number of the building inspector;
f. An estimate of the approximate amount of RACM and Category II nonfriable ACM to be removed from the facility in terms of length of pipe in linear feet; surface area in square feet on other facility components, or volume in cubic feet, if already off facility components;
g. Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state of the facility being demolished or renovated;
h. Scheduled starting and completion dates of asbestos renovation or demolition;
i. Description of planned renovation or demolition work to be performed, emission control measure(s) to be employed, and a description of the affected facility or facility components;
j. Description of the engineering controls and procedures to be used to comply with the work practice requirements of this regulation;
k. Name and location of the waste disposal site where the regulated asbestos-containing waste material will be deposited. Regulated asbestos-containing waste must be deposited into a landfill approved or permitted to accept asbestos waste;
l. Description of procedures to be followed in the event that unexpected RACM is found or Category I or II nonfriable ACM becomes regulated;
m. Name, address, and telephone number of the waste transporter; and
n. Printed name and signature of the asbestos owner/operator submitting the notification, and date signed.
5. A complete notification/application shall contain all of the above information and shall be reported on a form similar to the one found in 40 CFR Part 61, Subpart M, as amended, and any subsequent amendments and editions.
C. Work Practice Requirements.
1. Preparation.
a. Prior to beginning removal, each owner/operator engaged in a renovation project subject to this Section shall:
(1) Define the work area using barrier tape and danger signs in accordance with the following or OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions, if more stringent:
(a) Warning signs and tape that clearly separate the regulated area shall be provided and displayed at each location where a regulated area is required to be established by this Section. Signs shall be posted at a distance from the regulated area such that an employee may read the signs and take necessary protective steps before entering the area marked by the signs.
(b) The warning signs required by this Section shall bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(2) Shut down, lock, and tag out all HVAC equipment in or passing through the work area. Seal each intake and exhaust opening and any seam in system components with two sheets of 6-mil polyethylene sheeting and tape.
(3) Detach and wet clean removable electrical, heating, and ventilating equipment and other items which may be connected to asbestos surfaces.
(4) Remove existing filters from the HVAC system and dispose of as asbestos-contaminated waste.
(5) Seal each opening between the work area and uncontaminated areas including windows, doorways, elevator openings, corridor entrances, drains, ducts, electrical outlets, grills, grates, diffusers, and skylights with a critical barrier consisting of at least two independent sheets of 6-mil or thicker polyethylene sheeting secured in place. These critical barriers must be maintained leak-tight for the duration of asbestos abatement.
(6) Thoroughly clean and remove all movable objects from the work area.
(7) Thoroughly clean, then cover and secure each non-movable object in the work area with at least one sheet of 4-mil or thicker polyethylene sheeting.
(8) Use polyethylene sheeting to isolate contaminated from uncontaminated areas, and ensure the sheeting is attached securely in place and properly maintained at all times.
(9) Prevent contamination of carpet with ACM, or dispose of the carpet as asbestos-contaminated waste.
(10) Cover floors not being abated with at least two layers of 6-mil or thicker polyethylene sheeting. Floor sheeting shall be installed first and shall extend at least 12 inches up the walls and be taped into place. No seams shall be located at wall/floor joints. Spray-applied polyethylene coating shall not be used.
(11) Cover walls and ceilings not being abated with at least one sheet of 4-mil or thicker polyethylene sheeting. Wall sheeting shall be installed to minimize joints and shall extend at least six inches beyond wall/floor joint and be taped into place. Ceiling sheeting shall extend at least 12 inches down the wall and be sized and taped into place. No seams shall be located at wall/ceiling or wall/wall joints.
(12) Construct a decontamination enclosure system adjoining the contained work area. The decontamination enclosure shall be built in a manner that will prevent track-out of RACM, and shall consist of: a clean room equipped with appropriate storage containers and adequate space for changing clothing; an air lock; a shower room containing hot and cold or warm running water controllable at the tap; and an equipment room suitable for storage of tools and equipment.
(13) Construct a clear viewing port measuring at least 24 inches by 24 inches in an external wall of the contained work area to allow unobstructed observation of abatement activities in the work area.
(14) Operate negative pressure differential equipment with HEPA filtration continuously from the time that barrier construction is completed through the time that acceptable final clearance air monitoring results are obtained.
(15) Utilize a manometer to measure negative pressure differential and operate it in accordance with the General Requirement Section of this regulation.
2. Removal.
Each owner/operator engaged in a renovation asbestos project subject to this Section shall ensure that:
a. Prior to removal, all RACM is thoroughly wet through to the substrate using amended water.
b. All RACM that has been stripped or removed in sections or units shall be:
(1) Thoroughly wet during stripping or removal and shall remain wet until disposed of in accordance with this regulation and 40 CFR 61.150, as amended, and any subsequent amendments and editions;
(2) Carefully lowered to the ground or floor, not dropped or thrown; and
(3) When removed or stripped at an elevation greater than 50 feet above ground level, transported to the ground via leak-tight chutes or containers.
c. At no time shall an owner/operator allow RACM to accumulate or become dry.
d. Structural components are thoroughly wet prior to wrapping in polyethylene sheeting for disposal.
e. For facility components such as reactor vessels, large tanks, and steam generators (but not beams, which must be stripped), ACM is not required to be stripped if the following requirements are met:
(1) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging any of the ACM;
(2) The component is encased in leak-tight wrappings; and
(3) The leak-tight wrapping is labeled in accordance with EPA Regulation 40 CFR 61.149(d)(1)(i),(ii),and(iii), as amended, and any subsequent amendments and editions, during all loading, unloading, and storage operations.
f. When double polyethylene bags of at least 6-mil thickness are used for waste, bags shall be leak-tight. Excess air shall be removed from bags prior to sealing using a vacuum equipped with a HEPA filtration system in accordance with OSHA regulation 29 CFR 1926.1101, as amended, and any subsequent amendments and editions.
g. ACM from within the work area is not permitted outside of the work area except in sealed leak-tight containers.
h. Any person exiting or any equipment or machinery being removed from the contaminated work area shall be thoroughly decontaminated. If equipment or machinery is not or cannot be thoroughly decontaminated, it shall be sealed in leak-tight containers. No visible residue shall appear on the outside surface of the container.
3. Cleanup.
a. Each owner/operator engaged in a renovation abatement project subject to this Section shall ensure that:
(1) Following abatement, a visual inspection of the abated substrate is performed.
(2) A coating of a compatible encapsulating agent is applied to porous surfaces that have been stripped and cleaned of ACM. The encapsulant must be allowed to thoroughly dry prior to additional cleaning or final air clearance.
(3) The air sampler or the owner's representative inspects the abated area prior to final clearance. If there is any evidence of contamination, the asbestos contractor shall perform additional wet cleaning and HEPA vacuuming.
(4) All polyethylene sheeting, except for critical barriers and the decontamination enclosure system, is removed and disposed of as asbestos-contaminated waste.
(5) With only the critical barriers and decontamination enclosure system left in place, the entire work area, including any duct work, is wet-cleaned and HEPA vacuumed until no visible residue remains.
(6) Areas exceeding clearance standards are re-cleaned by the contractor using wet methods and HEPA vacuuming. Re-cleaning, drying, and retesting shall be repeated until the satisfactory clearance standard is achieved.
(7) Following satisfactory clearance of the work area, remaining polyethylene critical barriers and decontamination enclosure systems are removed and disposed of as asbestos-contaminated waste.
(8) Portable decontamination trailers are cleaned and polyethylene sheeting disposed of as contaminated waste.
b. Re-establishment of the work area shall only occur following completion of clean-up procedures and after clearance air monitoring has been performed and documented to the satisfaction of the air sampler or of the facility owner or his representative.
c. Replacement materials shall only be installed following completion of abatement. This does not include outdoor projects subject to this regulation.
4. Disposal.
The disposal requirements of the Disposal Section of this regulation shall apply.
D. Air Sampling and Analysis Procedures.
The background, daily, and clearance air monitoring requirements of the Air Sampling Section of this regulation shall apply.
Section XI. SMALL PROJECTS.
A. Applicability.
The notification/application, work practice, air sampling, clean-up, and disposal requirements of this Section shall apply to each abatement project where the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is more than 25 but fewer than 260 linear feet on pipes, or more than 25 but fewer than 160 square feet on other facility components, or more than ten but fewer than 35 cubic feet of RACM off of facility components such that area or length could not be measured prior to abatement.
B. Notification/Application.
In a facility being renovated subject to this Section, the owner/operator shall provide the Department with written notification prior to any abatement and pay all applicable fees as follows:
1. Deliver the notification/application by U.S. Postal Service or commercial delivery service, facsimile transmission, by hand or by other methods deemed acceptable by the Department.
2. Postmark or deliver the notice at least four working days before asbestos stripping or removal work or any other activity begins that would break up, dislodge, or similarly disturb RACM.
3. Update/revise the notification/application and pay appropriate fees as required, when any previously-notified information changes, including but not limited to: when the amount of asbestos affected increases or decreases more than ten percent (10%), when the project start or completion date changes, and/or when the disposal site changes, and/or the project has been cancelled. The owner/operator shall notify the Department by telephone and follow up in writing as soon as possible before, but not later than, the following working day. When the amount of asbestos affected changes such that the total quantity being abated qualifies as a NESHAP project, prior approval must be granted by the Department for work to proceed.
4. The Department may waive the four working days prior notice requirement on a case-by-case basis.
C. Air Sampling and Analysis Procedures.
The facility owner shall ensure that air sampling is performed in accordance with applicable requirements of the Air Sampling Section of this regulation.
D. Work Practice and Clean-up Requirements.
1. An owner/operator engaged in a small asbestos abatement project shall:
a. Construct critical barriers to prevent the potential release of asbestos fibers from within the work area;
b. Prevent contamination of carpet with ACM, or dispose of the carpet as asbestos-contaminated waste;
c. Thoroughly wet all RACM prior to removal and keep it wet until disposal;
d. Prevent track-out and leakage of RACM onto uncontaminated surfaces;
e. Use HEPA vacuum equipment and wet-cleaning techniques to clean up the work area following abatement until there is no visible residue;
f. Ensure that ACM from within the work area is not permitted outside of the work area except in sealed, leak-tight containers;
g. Ensure that any person exiting or any equipment or machinery being removed from the contaminated work area is thoroughly decontaminated. If equipment or machinery is not thoroughly decontaminated, it shall be sealed in leak-tight containers. No visible residue shall appear on the outside surface of the container; and
h. Ensure porous surfaces that have been stripped or cleaned of RACM are encapsulated to secure any residual fibers that may be present. The encapsulant used must be compatible with subsequent coverings.
2. Disposal.
The owner/operator shall comply with the requirements of the Disposal Section of this regulation.
Section XII. MINOR PROJECTS.
A. Applicability.
The notification, work practice, clean-up, and disposal requirements of this Section shall apply to each abatement project where the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is equal to or fewer than 25 linear feet on pipes, or is equal to or fewer than 25 square feet on other facility components, or is equal to or fewer than 10 cubic feet of RACM off facility components where the area or the length or area could not be measured prior to abatement.
B. Notification/Application.
In a facility being abated subject to this Section:
1. The owner/operator shall provide the Department with a written application at least two working days prior to any abatement and pay all applicable fees as follows:
a. Acceptable delivery of the notification shall be by U.S. Postal Service, commercial delivery service, facsimile transmission, by hand or by other methods deemed acceptable by the Department.
b. Update/revise the notification/application and pay appropriate fees as required when any previously-notified information changes, including but not limited to: when the amount of asbestos affected increases or decreases more than ten percent (10%), when the project start or completion date changes, and/or when the disposal site changes, and/or the project has been cancelled; or
c. The owner/operator shall notify the Department by telephone and follow up in writing as soon as possible before, but not later than, the following working day. When the amount of asbestos affected changes such that the total quantity being abated qualifies as a small or NESHAP project, prior approval must be granted by the Department for work to proceed.
2. Facility employees who do not meet the definition of a contractor as defined by this regulation, or a contractor who has obtained a temporary storage license may maintain a log of all minor abatements performed during a quarter, report them to the Department within 30 calendar days after the end of the quarter, and pay applicable project fees. The log shall include, but is not limited to: the name and address of the facility being abated, amount and type of ACM removed, date(s) of removal, names of individuals who performed the abatement, exact location for temporary storage of asbestos wastes, and the name of the landfill used for disposal.
C. Air Sampling and Analysis Procedures.
The facility owner shall ensure that air sampling is performed in accordance with applicable requirements of the Air Sampling Section of this regulation.
D. Work Practice and Clean-up Requirements.
1. An owner/operator engaged in a minor asbestos abatement project shall:
a. Construct critical barriers to contain asbestos fibers released within the work area.;
b. Wet all RACM prior to removal and during containerization for disposal in an approved_landfill;
c. Prevent track-out and leakage of RACM onto uncontaminated surfaces;
d. Use HEPA vacuum equipment and wet-cleaning techniques to clean up the work area following abatement until there is no visible residue;
e. Ensure that ACM from within the work area is not permitted outside of the work area except in sealed leak-tight containers;
f. Ensure that any person exiting or any equipment or machinery being removed from the contaminated work area is thoroughly decontaminated. If equipment or machinery is not thoroughly decontaminated, it shall be sealed in a leak-tight container. No visible residue shall appear on the outside surface of the container;
g. Ensure porous surfaces, that have been stripped or cleaned of RACM are encapsulated to secure any residual fibers that may be present. The encapsulant used must be compatible with subsequent coverings;
h. Containerize waste in appropriately labeled impermeable containers (6-mil polyethylene sheeting, bags, and/or fiber or metal drums), and store in an area that is secured and locked; and
i. Transport asbestos waste in a manner that does not release fibers into the air and dispose of at a landfill permitted to accept asbestos waste.
2. Disposal.
The owner/operator shall comply with the requirements of the Disposal Section of this regulation.
Section XIII. OPERATION AND MAINTENANCE ACTIVITIES.
A. Applicability.
1. The notification/application, work practice, clean-up, and disposal requirements of this Section shall apply to the non-industrial facility owner/operator and the O&M personnel covered under the facility's group license.
2. Workers are limited to an activity in which the amount of RACM disturbed does not exceed that which can be contained in one glovebag or one 6-mil polyethylene bag measuring no greater than 60 inches in length and width.
B. Notification/Application.
In a facility being abated that is subject to this Section:
1. The non-industrial facility owner/operator shall provide the Department with written notification/application and pay all applicable fees as follows:
a. Acceptable delivery of the notification shall be by U.S. Postal Service, commercial delivery service, facsimile transmission, by hand or by other methods deemed acceptable by the Department.
b. Update the notification when any previously-notified information changes.
c. Notify the Department by telephone and follow up in writing as soon as possible, but not later than, the original start date when a project for which notification was made has been canceled.
2. Alternately, facility employees who do not meet the definition of a contractor as defined by this regulation may maintain a log of all O&M activities performed during a quarter, report them to the Department within 30 calendar days of the end of the quarter, and pay applicable project fees. The log shall include, but is not limited to: the name and address of the facility being abated, amount and type of ACM removed, date(s) of removal, names of individuals who performed the abatement, exact location for temporary storage of asbestos wastes, and the name of the landfill used for disposal.
C. Air Sampling and Analysis Procedures.
The facility owner shall ensure that sampling is performed in accordance with applicable requirements of the Air Sampling Section of this regulation.
D. Work Practice and Clean-Up Requirements.
1. An owner/operator engaged in an operation and maintenance activity shall:
a. Construct critical barriers to prevent the potential release of asbestos fibers from within the work area;
b. Wet all RACM prior to removal and during containerization for disposal at an approved landfill;
c. Prevent track-out and leakage of RACM onto uncontaminated surfaces;
d. Use HEPA vacuum equipment and wet-cleaning techniques to clean up the work area following abatement until there is no visible residue;
e. Ensure that ACM from within the work area is not permitted outside of the work area except in sealed leak-tight containers;
f. Containerize wetted waste in appropriately labeled impermeable containers (6-mil polyethylene sheeting, bags, and/or fiber or metal drums) and store in an area that is secured and locked;
g. Transport asbestos waste in a manner that does not release fibers into the air, and dispose of at a landfill permitted to accept asbestos waste.
2. Each owner/operator engaged in an O&M glovebag operation shall:
a. Ensure that the glovebag procedure is being performed only by persons who have received training in the method and are licensed as workers or supervisors in accordance with the requirements of this regulation;
b. Ensure that the glovebag is constructed and utilized in accordance with the glovebag requirements of this regulation and OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions;
c. Isolate the work area to prevent access by unprotected persons;
d. Display danger signs in accordance with OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions, at all approaches to any asbestos abatement area;
e. Remove all polyethylene sheeting, tape, glovebags and other equipment, and inspect the area for visible residue following abatement;
f. Wet-clean the area using amended water and a HEPA vacuum after surfaces have been allowed to dry. The sequence of wet cleaning and vacuuming shall be repeated until no visible residue is observed in the work area; and
g. Ensure that porous surfaces that have been stripped or cleaned of RACM are encapsulated to secure any residual fibers that may be present. The encapsulant used must be compatible with subsequent coverings.
E. Disposal.
The owner/operator shall comply with the requirements of the Disposal Section of this regulation.
Section XIV. GLOVEBAG TECHNIQUE.
A. Applicability.
1. The requirements of this Section shall apply to the owner/operator of any NESHAP, small, minor, or O&M abatement project when glovebag operations are implemented.
2. The owner/operator shall ensure that asbestos-containing waste from glovebag operations is wet at all times during abatement, storage, and transportation and is deposited in a landfill approved or permitted to accept asbestos waste.
B. Glovebag Operations.
Glovebag systems may be used to remove ACM from straight runs of piping, elbows, and other connections when performed in compliance with the provisions of this Section and OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions.
1. The owner/operator shall ensure that the glovebag is constructed and utilized in accordance with the following requirements:
a. The work area is isolated to prevent access by unprotected persons.
b. Danger signs are displayed at all approaches to any asbestos abatement area in accordance with OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions.
c. The glovebag procedure is performed only by persons who have received training in the method and are licensed as workers or supervisors in accordance with the requirements of this regulation.
d. At least two persons shall perform glovebag removal operations.
e. Each glovebag shall be made of 6-mil thick plastic and shall be seamless at the bottom.
f. Each glovebag used on elbows and other connections must be designed for that purpose and used without modifications.
g. Each glovebag shall be installed so that it completely covers the circumference of pipe or other structures where the work is to be performed.
h. Each glovebag shall be smoke-tested for leaks and any leaks sealed prior to use.
i. A glovebag shall be used only once and may not be slid or moved.
j. Each glovebag shall not be used on surfaces whose temperature exceeds 150 degrees Fahrenheit.
k. Prior to disposal, each glovebag shall be collapsed by removing air within it using a HEPA vacuum.
l. Before beginning the operation, loose and friable material adjacent to the glovebag or glovebox operation shall be wrapped and sealed in at least two layers of 6-mil polyethylene.
m. Where a system uses an attached waste bag, such bag shall be connected to the collection bag using a hose or other material that shall withstand the pressure of ACM waste and water without losing its integrity.
n. A sliding valve or other device shall separate the waste bag from the hose to ensure no exposure when the waste bag is disconnected.
C. Negative Pressure Glovebag Systems.
1. Negative pressure glovebag systems shall be used to remove ACM from piping.
2. In addition to the requirements for glovebag systems in Section B above, negative pressure glovebag systems shall have a HEPA vacuum attached to the glovebag/box to prevent collapse during removal.
3. A HEPA vacuum shall be used to prevent collapse of the bag during removal and shall run continually until completion of operation, at which time the pipe shall be encapsulated, and the bag and ACM shall be isolated prior to removal of the bag from the pipe.
D. Negative Pressure Glovebox Systems.
Negative pressure gloveboxes may be used to remove ACM from pipe runs when the following work practices are utilized:
1. Gloveboxes shall be constructed with rigid sides and made from metal or other material that can withstand the weight of the ACM and water used during removal.
2. A negative pressure generator shall be used to create negative pressure in the system.
3. An air filtration unit shall be attached to the box.
4. The box shall be fitted with gloved apertures:
a. An aperture at the base of the box shall serve as a bagging outlet for waste ACM and water.
b. A back-up generator shall be present on site.
c. Waste bags shall consist of 6-mil or thicker plastic and be double-bagged before they are filled.
5. At least two persons shall perform the removal.
6. The box shall be smoke-tested for leaks and any leaks sealed prior to use.
7. Loose or damaged ACM adjacent to the box shall be wrapped and sealed in at least two layers of 6-mil or thicker plastic prior to the job or otherwise made intact prior to the job.
8. A HEPA filtration system shall be used to maintain pressure barrier in the box.
E. Air Sampling and Analysis Procedures.
1. Background and daily area monitoring shall be performed for all NESHAP glovebag/glovebox projects. Personnel air sampling in the worker's breathing zone may be used to satisfy the requirement for daily area monitoring.
2. Non-aggressive Phase Contrast Microscopy (PCM) clearance air monitoring shall, at a minimum, be required for NESHAP and small glovebag or glovebox projects.
3. If personnel fiber counts exceed the PCM clearance standard of 0.01 fibers per cubic centimeter, aggressive clearance air monitoring shall be performed.
F. Glovebag/Glovebox Work Practices.
1. Use of the glovebag shall be terminated, cleanup procedures contained in this Section shall be implemented, and clearance by TEM analysis performed if the owner/operator:
a. Fails to keep RACM in the glovebag/glovebox;
b. Fails to keep RACM adequately wet;
c. Disturbs or dislodges RACM outside of the glovebag/glovebox; and/or
d. Experiences glovebag failure, including any breach in the glovebag/glovebox.
2. Glovebag/Glovebox Clean-up. Following removal, the owner/operator shall ensure that:
a. Porous surfaces that have been stripped or cleaned of RACM are encapsulated to secure any residual fibers that may be present prior to removing the glovebag or glovebox from the abated pipe. The encapsulant used must be compatible with subsequent coverings.
b. All polyethylene sheeting, tape, glovebags or gloveboxes and other equipment must be removed and the area inspected for visible residue.
c. Wet-cleaning using amended water is performed, followed by HEPA vacuuming after surfaces have been allowed to dry. The sequence of wet cleaning and vacuuming shall be repeated until no visible residue is observed in the work area.
d. When required, final TEM air clearance shall be performed following visual clearance.
G. Disposal.
All applicable disposal requirements of this regulation shall apply.
Section XV. NON-FRIABLE PROJECTS.
A. Applicability.
The requirements of this Section shall apply to the owner/operator of any renovation at any facility where the ACM being removed remains non-friable.
B. Notification/Application.
1. Each owner/operator shall:
a. Contact the landfill to ensure acceptance of non-friable ACM waste;
b. Provide the Department with a written application and obtain a Department-issued abatement license for the project four (4) working days prior to beginning abatement for NESHAP sized projects of 160 sf or 260 Lf. The license shall be maintained at the project site for the duration of the project;
c. For all other projects, provide a written application prior to disposal;
d. Facilities and those in possession of a temporary asbestos storage containment area license may notify the Department quarterly;
e. Prior to disposing of a non-regulated residential structure, provide a written application to the Department;
f. Applications must also be submitted for projects where waste will be disposed of out-of-state;
g. Provide the following information in the written application:
(1) Name, address, and telephone number of property/facility owner;
(2) Street address of the property or facility where removal will occur;
(3) Amount of non-friable ACM to be abated;
(4) Description of material (for example, cement-like tiles, asphaltic shingles, cementitious siding, roof flashing); and
(5) Name, address, telephone number, contact person, and location (county, city, state) of the landfill that the owner/operator has contacted for disposal of ACM waste;
h. The written disposal license issued by the Department must accompany the non-friable ACM waste to the landfill.
C. Work Practices.
1. The owner/operator shall prevent dust from being released during the removal of non-friable ACM to prevent exposure.
2. Category I and Category II ACM that will be or has been subjected to grinding, sanding, cutting, chipping, drilling, or abrading shall be considered regulated ACM, and the owner/operator shall comply with all applicable requirements of this regulation.
3. Category I and Category II ACM that will not be or has not been subjected to grinding, sanding, cutting, chipping, drilling, or abrading shall be considered non-regulated ACM, and the owner/operator shall comply with all applicable requirements of OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments or editions.
4. The owner/operator shall ensure that ACM and asbestos-contaminated waste is not intentionally burned or recycled.
D. Disposal.
1. Transport and disposal shall occur in a manner that will not permit the release of asbestos fibers into the air.
2. Disposal shall occur at a landfill permitted or approved to accept asbestos waste.
3. All containers shall be labeled with the following warning:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
4. The owner/operator shall:
a. Obtain a waste shipment record or other shipment manifest at the landfill to document disposal of all asbestos waste;
b. Ensure that a waste shipment record or other shipment manifest is signed by the landfill operator; and
c. Submit a copy of the waste shipment record or other shipment manifest to the Department within 30 working days after abatement completion.
Section XVI. STANDARDS FOR DEMOLITIONS.
A. Applicability.
The requirements of this Section shall apply to the owner/operator of a facility to be demolished.
B. Notification/Application.
1. Each owner/operator of a demolition to which this Section applies shall:
a. Submit to the Department a written DHEC demolition application at least ten working days in advance of the proposed demolition start date.
b. Delivery of the application shall be by U.S. Postal Service, commercial delivery service, by hand or by other methods deemed acceptable by the Department.
c. Acceptable methods of payment shall be by check or money order made payable to SCDHEC, credit card (VISA, MasterCard, or Discover), and cash.
d. Submit a written demolition project license application for each separate facility that includes all information required on the application form.
e. Submit a complete, legible copy of the building inspection report, which must be less than three years old, for each facility to be demolished.
2. Obtain an asbestos demolition license for any facility, regardless of whether the required building inspection indicates the presence of ACM.
3. When a demolition will begin on a date earlier than the previously-notified start date, the facility owner/operator shall provide the Department with a written notification of the new start date at least ten working days prior to the previously-notified demolition start date.
4. The owner/operator of a demolition operation covered by this section shall:
a. Notify the Department by telephone no later than the original start date when the demolition will begin on a date later than the previously-notified start date.
b. Provide the Department with a revised written application of the new start date no later than the previously-notified start date.
c. Provide the Department with a revised written notification/application immediately when any information pertaining to the demolition project changes, including but not limited to, the start and/or completion date, the demolition contractor, or the landfill.
5. Any facilities being demolished under order of a State or local government agency because the facility is structurally unsound, in imminent danger of collapse, and is a threat to public health or safety may be exempt from the ten-working day notification requirement. However, the owner/operator shall submit a complete demolition license application and written justification documents to the Department for approval prior to commencing the demolition activities.
a. The application shall include all of the following information:
(1) Indication whether the notification is an original, revision, or cancellation;
(2) Name, address, and telephone number of the owner/operator;
(3) Indication that demolition is the type of operation;
(4) Description of the facility or affected part of the facility, including the square footage, number of floors, age, and prior, present, and intended use of the facility;
(5) Description of the procedures and analytical methods used to detect the presence of ACM (regulated and nonregulated), date of inspection, and name, address, telephone number, and license number of the building inspector;
(6) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state of the facility being demolished or renovated;
(7) Scheduled starting and completion dates of asbestos renovation or demolition;
(8) Description of planned demolition work to be performed, emission control measure(s) to be employed, and a description of the affected facility or facility components;
(9) Description of the engineering controls and procedures to be used to comply with the work practice requirements of this regulation;
(10) Name and location of the waste disposal site where the regulated asbestos-containing waste material will be deposited. Regulated asbestos-containing waste must be deposited into a landfill approved or permitted to accept asbestos waste;
(11) Description of procedures to be followed in the event that unexpected RACM is found;
(12) Name, address, and telephone number of the waste transporter; and
(13) Printed name and signature of the owner/operator submitting the notification and the date signed.
b. The owner/operator shall submit to the Department a clear, legible copy of the signed order that contains all of the following information along with the completed demolition project application:
(1) The name, title, and authority of the State or local government representative who ordered the demolition;
(2) The date that the order was issued; and
(3) The date on which the demolition was ordered to begin.
C. Removal of ACM prior to Demolition.
1. Any demolition of a structure or portion of a structure that contains structural members or components composed of or covered by ACM shall be preceded by removal of all such materials.
2. All ACM, with the exception of those material referenced in Paragraph E. of this Section, shall be removed in accordance with work practice requirements for applicable NESHAP, small, or minor projects prior to demolition.
D. Air Sampling Procedures.
Air monitoring is not required during a demolition except when necessary due to an extenuating circumstance and/or required by the Department.
E. Exemptions from Removal of ACM prior to Demolition.
The following categories of asbestos-containing materials may be left in place during demolition:
1. ACM on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition.
2. RACM that was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, cannot be safely removed. If not removed for safety reasons, all exposed RACM and any asbestos-contaminated debris must be treated as regulated asbestos-containing waste material.
3. Category I and Category II nonfriable mastic, glue, and adhesive ACM that is not friable or in poor condition, and where the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition operations.
F. Disposal of Demolition Debris.
1. Waste that does not contain asbestos may be disposed of as construction debris at a landfill approved or permitted to accept such waste.
2. The owner/operator shall comply with the requirements of the Disposal Section of this regulation and shall ensure that asbestos-containing or asbestos-contaminated waste materials are not burned or recycled.
G. Project License Fees.
1. A project license is required for every facility that is to be demolished, including those that have been destroyed by fire or those whose required building survey indicates there is no ACM present.
2. The Department shall not issue a project license for a demolition until all requested information has been submitted and reviewed and all applicable fees have been paid.
3. Fees shall not be refunded for projects for which the Department has issued a project license.
4. A project license that has been issued shall automatically become invalid if an instrument of payment is returned for insufficient funds, in which case the licensee shall be subject to enforcement action for operation without a valid license.
Section XVII. OUTDOOR PROJECTS.
A. Applicability.
The notification, work practice, clean-up, and disposal requirements of this Section shall apply to each owner/operator of any regulated O&M or minor, small or NESHAP outdoor renovation.
B. Notification/Application.
1. NESHAP Project.
a. Each owner/operator of a renovation or demolition operation to which this Section applies shall:
(1) Provide the Department with written notification/application at least ten working days prior to any renovation or demolition and pay all applicable project fees. Acceptable delivery of the notification and fee payment is by U.S. Postal Service or commercial delivery service, by hand, or by other methods deemed acceptable by the Department.
(2) Update the notification/application and pay appropriate fees as necessary when any previously-notified information changes, including but not limited to, when the amount of asbestos affected changes, when the project start or completion date changes, or when the disposal site changes.
(3) Provide the Department with a legible copy of the building inspection report upon request.
(4) Begin abatement on the start date contained in the Department-issued asbestos project license.
b. When the asbestos stripping or removal operation covered by this Section will begin on a date earlier than the previously-notified start date, the owner/operator shall provide the Department with written notification of the new start date at least ten working days before asbestos stripping or removal work will begin.
c. When the asbestos stripping or removal operation covered by this Section will begin after the date contained in the initial notification and in the asbestos project license issued by the Department, the owner/operator must:
(1) Notify the Department of the new start date by telephone as soon as possible before, but not later than, the original start date; and
(2) Provide the Department with an updated written notice of the new start date as soon as possible before, but not later than, the original start date. Acceptable delivery of the updated notice is by the U.S. Postal Service or commercial delivery service, by hand, or by other methods deemed acceptable by the Department.
d. The written notification/application shall include:
(1) Indication whether the notification is an original, revision, or cancellation;
(2) Name, address, and telephone number of the owner/operator;
(3) Type of operation: demolition or renovation;
(4) Description of the facility or affected part of the facility, including the square footage, number of floors, age, and prior, present, and intended use of the facility;
(5) Description of the procedures and analytical methods used to detect the presence of ACM (regulated and non-regulated), date of inspection, and name, address, telephone number, and license number of the building inspector;
(6) An estimate of the approximate amount of RACM and Category II nonfriable ACM to be removed from the facility in terms of length of pipe in linear feet, in terms of surface area for other facility components in square feet, or in terms of volume if already off of facility components in cubic feet;
(7) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state of the facility being demolished or renovated;
(8) Scheduled starting and completion dates of asbestos renovation or demolition.
(9) Description of planned renovation or demolition work to be performed, emission control measure(s) to be employed, and a description of the affected facility or facility components;
(10) Description of the engineering controls and procedures to be used to comply with the work practice requirements of this regulation;
(11) Name and location of the waste disposal site where the regulated asbestos-containing waste material will be deposited. Regulated asbestos-containing waste must be deposited into a landfill approved or permitted to accept asbestos waste;
(12) Name, address, and telephone number of the waste transporter; and
(13) Printed name and signature of the asbestos owner/operator submitting the notification and date signed.
e. A complete notification/application shall contain all of the above information and shall be reported on a form similar to the one found in 40 CFR Part 61, Subpart M, as amended, and any subsequent amendments and editions.
2. Small Project.
In a facility being renovated subject to this Section, the owner/operator shall provide the Department with at least a five calendar day advance written notification of intent to renovate and pay applicable fees as follows:
a. Acceptable delivery of the notification/application shall be by U.S. Postal Service, commercial delivery service, by hand, facsimile transmission, or by other methods deemed acceptable by the Department.
b. Postmark or deliver the notice before asbestos stripping or removal work or any other activity begins that would break up, dislodge, or similarly disturb RACM.
c. Update the notification/application when any previously-notified information changes and pay additional project fees as necessary.
d. The Department may waive the five calendar-day notice on a case-by-case basis.
3. Minor or O&M Projects.
In a facility being abated subject to this Section:
a. The owner/operator shall provide the Department with written notification/application prior to any abatement and pay all applicable fees as follows:
(1) Acceptable delivery of the notification/application shall be by U.S. Postal Service, commercial delivery service, facsimile transmission, by hand or by other methods deemed acceptable by the Department.
(2) Update the notification/application when any previously-notified information changes.
(3) Notify the Department by telephone and follow up in writing as soon as possible, but not later than, the original start date when a project for which notification was made has been canceled; or
b. Facility employees who do not meet the definition of a contractor as defined by this regulation or a contractor who has obtained a temporary storage license may maintain a log of all minor abatements performed during a quarter, report them to the Department within 30 calendar days of the end of the quarter, and pay applicable project fees. The log shall include, but is not limited to: the name and address of the facility being abated, amount and type of ACM removed, date(s) of removal, names of individuals who performed the abatement, exact location for temporary storage of asbestos wastes, and the name of the landfill used for disposal.
C. Air Sampling and Analysis Procedures.
1. For projects subject to 40 CFR Part 763, AHERA, as amended, and any subsequent amendments or editions, the facility owner shall ensure that a licensed air sampler performs clearance air monitoring after abatement in areas to be reoccupied, including porticos and covered exterior walkways, and abatement on exterior portions of mechanical systems used to condition interior spaces.
2. Air monitoring is not required for Outdoor Projects that are not subject to EPA 40 CFR Part 763, AHERA regulation.
D. Work Practice Requirements.
1. Preparation.
The owner/operator shall minimize, to the extent reasonable and necessary, the exposure to persons downwind of the project.
2. Removal.
a. Wet removal methods shall be used.
b. There shall be no release of visible emissions during preparation, removal, or cleanup.
3. Clean-up.
a. Following removal, the owner/operator shall ensure that:
(1) The abated area is thoroughly cleaned using wet methods and amended water and surfaces have been allowed to dry.
(2) Once dry, the abated area is vacuumed using a vacuum equipped with HEPA cartridges or filters.
(3) The sequence of wet cleaning and vacuuming is repeated until no visible residue can be observed.
b. The facility owner shall ensure that the work area is inspected for any remaining visible residue. Evidence of contamination will necessitate additional cleaning by the contractor.
c. For porous surfaces that have been stripped or cleaned of RACM, the owner/operator shall ensure that a coat of encapsulant is applied to the abated surface to secure any residual fibers that may be present. The encapsulant chosen must be compatible with subsequent coverings.
E. Disposal.
The disposal requirements of the Disposal Section of this regulation shall apply to outdoor projects.
Section XVIII. ENCAPSULATION AND ENCLOSURE.
A. Applicability.
1. The notification/application, air sampling, work practice, clean-up, and disposal requirements of this Section shall apply to each owner/operator engaged in an encapsulation or enclosure operation where mechanical sprayers will be utilized and the potential to disturb RACM will involve amounts greater than 160 square or 260 linear feet of surfacing materials or thermal system insulation.
2. Surfaces that have been previously coated or treated with an encapsulant and that are not in poor condition are exempt from the requirements of this Section.
B. Notification/Application.
1. In a facility with RACM being encapsulated, the owner/operator shall:
a. Provide the Department with written notification/application at least ten complete working days prior to beginning any encapsulation activities.
b. Notify the Department as soon as possible by telephone and follow-up in writing when any previously-notified information changes or when a previously-notified project has been canceled.
2. Acceptable delivery of notification/application shall be by U. S. Postal Service, commercial delivery service or facsimile transmission, by hand, or by other methods deemed acceptable by the Department.
C. Air Sampling and Analysis Procedures.
1. Background Monitoring.
a. Background ambient air sampling shall be required.
b. At least five air samples shall be collected prior to the start of abatement activities in order to obtain an index of background airborne fiber concentrations.
c. Representative samples should be taken both inside and outside the work area within the facility to establish existing ambient air levels under normal activity conditions.
d. The air sampler shall document any variations and justifications for the variances, and shall provide the information to the Department upon request.
2. Clearance.
The owner/operator shall ensure that non-aggressive TEM clearance air monitoring is conducted prior to re-occupancy of any area that has been encapsulated.
D. Work Practice Requirements.
1. Preparation.
a. The owner/operator of an encapsulation or enclosure operation shall:
(1) Define the work area using barrier tape and danger signs in accordance with OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions.
(2) Shut down, lock, and tag out all HVAC equipment in or passing through the work area.
(3) Remove existing filters and dispose of as asbestos-containing waste.
(4) Securely seal all intake and exhaust openings and any seams in system components with 6-mil or thicker polyethylene sheeting and tape.
(5) Securely seal each opening between the work area and uncontaminated areas, including but not limited to windows, doorways, elevator openings, corridor entrances, drains, ducts, electrical outlets, grills, grates, diffusers, and skylights, with a critical barrier consisting of at least one sheet of 6-mil or thicker polyethylene sheeting and tape.
(6) Thoroughly clean and remove all movable objects from the work area.
(7) Thoroughly clean, then cover and secure all non-movable objects in the work area with at least one layer of 4-mil or thicker polyethylene sheeting.
(8) Cover and secure all surfaces not being encapsulated or enclosed with at least one layer of 4-mil polyethylene sheeting for walls or ceilings and 6-mil polyethylene sheeting for floors.
2. Encapsulation/Enclosure Procedures.
a. During any encapsulation of RACM, the owner/operator shall ensure that:
(1) The encapsulant chosen for use is compatible with the substrate to which it will be applied and is appropriate for the application intended.
(2) When airless sprayers are utilized, nozzle pressure shall be adjusted between 400 and 1,500 pounds per square inch (psi).
(3) Loose, damaged, or fallen RACM is cleaned immediately using wet methods and HEPA vacuuming.
(4) RACM is not tracked from the work area onto uncontaminated surfaces.
(5) Once all encapsulated surfaces have completely dried, each surface is wet wiped or HEPA vacuumed.
b. During any enclosure of RACM, the owner/operator shall ensure that:
(1) The enclosure is constructed air-tight so as to prevent the escape of airborne asbestos fibers.
(2) Loose, damaged, or fallen RACM is cleaned immediately using wet methods and HEPA vacuuming and is properly packaged for disposal.
(3) RACM is not tracked from the work area onto uncontaminated surfaces.
(4) Wet methods and HEPA vacuums are used to clean any fallen RACM immediately.
3. Disposal.
The requirements of the Disposal Section of this regulation shall apply.
Section XIX. REQUIREMENTS FOR TRAINING COURSES, INSTRUCTORS, AND TRAINING PROVIDERS.
A. Asbestos Training Course Licenses.
1. An asbestos training course provider who intends to present asbestos training courses within the State shall submit an application for approval, for each initial or refresher training course discipline to be taught, that contains all information necessary to verify qualifications as required by the regulation.
2. An asbestos training course provider must have a separate Department-issued license for each different initial or refresher training course discipline.
3. Licenses for asbestos training course providers will be restricted to courses approved by the Department in accordance with the requirements of this regulation.
4. Each asbestos course license is valid for one year from date of issue, regardless of the number of times the course is taught during the year.
5. Each individual seeking to teach or instruct any portion of any mandatory asbestos training course, regardless of discipline, must submit an instructor application that contains all information necessary to verify qualifications as required by this Section and be approved by the Department.
6. When an asbestos training course instructor seeks to conduct mandatory asbestos training courses in more than one discipline, the instructor must be approved for each separate discipline by the Department.
7. Upon initial approval and licensing of an asbestos training course, the Department will audit and assess the training course provider an initial audit fee prescribed in this regulation.
8. Upon renewal of a training course license, the training course provider will be assessed the annual license renewal fee prescribed in this regulation.
9. An asbestos training course must be approved and currently licensed by the Department on the date that it is taught to be acceptable as a basis for documentation that the person receiving the course certificate has completed the requisite training for asbestos accreditation in any specific work practice topic or discipline.
B. Personnel Licensing Requirements.
In order for an initial or refresher training course in any discipline to be acceptable as a basis for personnel licensing pursuant to this regulation, the course must be licensed and instructor(s) must be approved by the Department.
C. Department Approval.
To qualify for Department approval, an initial or refresher training course in any discipline shall meet the following requirements:
1. Course Content.
a. Each course shall:
(1) Correspond only to a single discipline; and
(2) Provide coverage of specific topics, including instruction in the requirements of this regulation as requested by the Department, and satisfy the requirements of:
(a) The AHERA Model Contractor Accreditation Plan, 40 CFR 763, Subpart E, Appendix C (Federal Register, Volume 59, Number 23, Thursday, February 3, 1994), as amended, and any subsequent amendments and editions, and this regulation; and
(b) The 16-hour Operation and Maintenance Worker Course as specified in this Section.
b. Initial training courses for all supervisors and workers shall include hands-on glovebag training with smoke testing of the glovebag seal in accordance with OSHA 29 CFR 1926.1101(g)(5)(ii), as amended, and any subsequent amendments and editions.
c. Supervisor and worker refresher course hands-on training shall be required and shall include instructor demonstrations; video applications; and written illustrations or representations or other methods designed to communicate work practice procedures to the student. Students are not required to handle equipment or to participate in simulated abatement activities.
2. Course Presentation.
a. An initial worker or O&M worker training course may be conducted by a single qualified instructor if the instructor meets the minimum requirements of this Section.
b. Initial training courses in all disciplines (except worker) shall be taught by at least two Department-approved instructors.
3. Duration of Training.
a. A training course shall not include more than eight hours of training during a single 24-hour period.
b. One day of training equals no less than six and one-half hours of actual classroom or hands-on activities.
c. The total number of hours required for any initial training course shall be completed within a period not to exceed 14 calendar days.
4. Effectiveness of Training.
a. Instructors shall be evaluated by Department-conducted on-site audits or by audits conducted by representatives from states with whom the Department has established reciprocity.
b. Training providers shall conduct courses in a physical environment conducive to learning (such as a classroom).
c. The maximum enrollment of an initial asbestos course shall be 40 participating students.
d. There shall be no more than ten students per instructor during all hands-on portions of initial training.
5. Foreign-Language Instruction.
a. Worker course instructors and students shall be fluent in the language in which the course is being taught.
(1) An English-speaking instructor shall not use an interpreter to instruct foreign-language trainees.
(2) Training courses in all disciplines (except worker) shall be conducted only in English.
b. The training provider shall provide trainees with course materials accurately translated into the language in which the course is being conducted.
6. Testing.
a. At the conclusion of each initial or refresher course, the training provider shall administer an examination in written or oral form to any trainee seeking to obtain a license to perform asbestos-related activities. Oral examinations are allowed to be administered only to individuals seeking training in the worker category.
b. The training provider shall administer an examination designed to test the trainees' familiarity with those issues relevant to the safe and proper performance of asbestos projects.
c. The training provider shall construct the course examination from a pool of validated questions and shall prepare a new examination for each course presentation.
d. A trainee who fails to pass an initial examination by not achieving a minimum score of 70 on a 100-point scale may be retested once. Upon failing to pass an examination on the second attempt, the trainee shall retake the entire training course before being allowed to retest for that discipline.
e. The Department may approve alternative testing it deems appropriate.
7. Certificates.
a. The training course provider shall issue a unique numbered certificate to each student who successfully completes the training course and passes the examination.
b. Each numbered certificate shall include the following information:
(1) Name and last four digits of the Social Security number of the trainee;
(2) Unambiguous course title indicating the discipline and specifying whether the training is an initial or refresher course;
(3) A unique certificate number;
(4) Inclusive dates of training course;
(5) Examination date;
(6) A statement indicating that the person whose name appears on the certificate has completed the training course and successfully passed an examination;
(7) For courses covered under 40 CFR Part 763, Subpart E, Appendix C, as amended, and any subsequent amendments and editions, a certificate expiration date that is one year after the date the course was completed and the applicable examination passed;
(8) The name, address, and telephone number of the training provider;
(9) The printed name and signature of the principal instructor;
(10) Training course location; and
(11) A statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under Title II of Section 206 of the Toxic Substances Control Act (15 U.S.C.A. Section 2646), with the exception of O&M certificates.
8. Notifications and Reporting.
a. A training provider who intends to present a training course within the state shall notify the Department in writing at least ten calendar days prior to the first day of the course. The written notification must include the following information:
(1) Training provider name, address, telephone number, and contact person;
(2) Training course title;
(3) Inclusive dates of course and applicable exam;
(4) Daily start and completion times;
(5) Location and detailed directions to course facility;
(6) Language in which the course is taught;
(7) Names of the instructors; and
(8) A copy of the training course agenda. (If the agenda is identical to one previously submitted to the Department, an additional copy is not required.)
b. Within seven days of conclusion of a training course presented within the State, the training provider shall submit the following information to the Department:
(1) Name of the course indicating whether initial or refresher;
(2) Inclusive dates of the course and examination;
(3) Names of all course instructors and topics taught;
(4) The course location;
(5) The name and Social Security number of every trainee, including names of those who did not successfully pass or otherwise complete the course;
(6) The unique certificate numbers of every trainee who completed the course and passed the examination; and
(7) Name, address, and telephone number of the training provider.
c. Out-of-state training providers shall submit any information specified in this Section to the Department upon request.
d. Failure to submit a written course notification or course roster in the timeframe prescribed by this Section may result in the rejection of the course and certificates for licensure by the Department.
9. Record Keeping.
a. The person, sole proprietorship, public corporation, or incorporated entity operating as a training provider shall retain copies of records related to asbestos training approved pursuant to this regulation for three years or for a period of time as defined in Title II, Section 206 of the Toxic Substances Control Act of the United States (15 U.S.C.A. Section 2646), as amended.
b. In the event that ownership of the sole proprietorship, public corporation, or incorporated entity operating as a training provider is transferred to a different owner, all records maintained during the previous three years shall be transferred and maintained by the new owner.
c. Records that must be maintained shall include those defined in Title II, Section 206 of the Toxic Substances Control Act of the United States (15 U.S.C.A. Section 2646), as amended, and in all cases shall include the following:
(1) Course curriculum materials;
(2) Examinations and scores of all persons who have taken examinations;
(3) Instructor applications and resumes;
(4) Training course approval applications;
(5) Rosters of individuals taking training courses;
(6) Copies of training course notifications; and
(7) Copies of all correspondence with federal and/or state accreditation agencies regarding instructor and training course approvals, disapprovals, suspensions, or audits.
D. Operation and Maintenance (O&M) Worker Course.
1. An initial O&M training course shall be at least 16 hours in length and shall provide, at a minimum, information on all of the following topics:
a. The physical characteristics of asbestos, including fiber size, aerodynamic characteristics, and physical appearance.
b. The health hazards of asbestos, including the nature of asbestos-related diseases, routes of exposure, dose-response relationships, synergism between cigarette smoking and asbestos exposure, latency period of diseases, and health basis for the standards.
c. Typical locations, uses, and types of ACM; and recognition of damage, deterioration, and delamination of ACM.
d. Employee personal protective equipment, including the types and characteristics of respirators; limitations of respirators; proper selection, inspection, donning use, maintenance and storage procedures for respirators; methods for field testing of the face-piece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit test procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment.
e. Air monitoring procedures and requirements included under OSHA 29 CFR 1926.1101, as amended, and any subsequent amendments and editions, including a description of equipment and methods, reasons for air monitoring, types of samples, and current standards with proposed changes.
f. Description of the proper methods of handling RACM to include state-of-the-art work practices for asbestos O&M activities including: purpose, proper construction, and maintenance of barriers; posting of warning signs; electrical and ventilation system lockout/tagout; proper working techniques for minimizing fiber release; use of wet methods and surfactants; use of HEPA vacuums; and proper cleanup and disposal procedures. Work practice requirements as they apply to removal, encapsulation, enclosure, and repair shall be discussed individually.
2. A yearly review course shall be one day in length and shall review the health hazards associated with exposure to asbestos; the locations, uses, types, and condition of ACM; hands-on activities; updated information on state-of-the-art procedures and equipment; and regulatory changes and interpretations. Actual instruction time shall be a minimum of six and one-half hours. The Department may request coverage of specific topics.
3. The requirements of this Section pertaining to course presentation, effectiveness of training, foreign-language instruction, testing, certificates, notification and reporting, record keeping, qualifications for instructors, course approval, and periodic audits shall apply to O&M courses.
E. Qualifications for Instructors of Non-Work Practice Topics.
1. Applicants seeking approval to teach segments of asbestos training courses other than work practice or hands-on exercises shall be actively working in the field of expertise for which he or she is conducting training.
2. The following documentation is required for instructors of non-work practice topics:
a. A copy of a high school, General Education Development (GED), or college/university diploma;
b. A copy of all professional licenses relevant to the subject matter being taught; and
c. The name, address, and telephone number of the applicant's current employer.
F. Initial and Refresher Course Instructor Qualifications.
The Department reserves the right to reject instructor training and/or experience that it deems unacceptable for qualification.
1. Worker Discipline.
a. Previous Training.
The applicant shall meet current EPA and Department accreditation requirements for supervisors.
b. Education/Asbestos Work Experience.
The applicant shall meet at least one of the following education/asbestos work experience combinations:
(1) If the applicant does not possess either a GED or high school diploma, the applicant shall:
(a) Have at least 360 instructional hours as an instructor in an EPA-approved worker course; and
(b) Have at least 1,440 hours experience in a worker or supervisory capacity of contained work areas.
(2) If the applicant possesses either a high school or GED diploma, the applicant shall:
(a) Have at least 960 hours of documented experience in a worker, supervisory, or consulting capacity of contained work areas; or
(b) Have at least 240 documented hours as an instructor in an asbestos worker or supervisor course.
(c) The applicant may substitute 240 documented hours of occupational safety, health, and environmental instructional hours taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.1.b. (2)(b) of this Section.
(3) If the applicant possesses at least an associate degree from a regionally-accredited college/university, the applicant shall:
(a) Have at least 480 hours of documented experience in a worker, supervisory, or consulting capacity of contained work areas; or
(b) Have at least 120 documented hours as an instructor in an asbestos worker or supervisor course.
(c) The applicant may substitute 120 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.1.b. (3)(b) of this Section.
2. Supervisor Discipline.
a. Previous Training.
The applicant shall meet current EPA accreditation requirements for supervisors.
b. Education Asbestos Work Experience.
The applicant shall meet at least one of the following education/asbestos work experience combinations:
(1) If the applicant does not possess either a high school or GED diploma, the applicant shall:
(a) Have at least 360 documented hours as an instructor in an EPA-approved supervisor course; and
(b) Have at least 1,440 hours of documented experience in a supervisory capacity of contained work areas.
(2) If the applicant possesses either a high school or GED diploma, the applicant shall:
(a) Have at least 960 hours of documented experience in a supervisory capacity of contained work areas; or
(b) Have at least 240 documented hours as an instructor in an asbestos worker or supervisor course.
(c) The applicant may substitute 240 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.2.b. (2)(b) of this Section.
(3) If the applicant possesses at least an associate degree from a regionally-accredited college/university, the applicant shall:
(a) Have at least 480 hours experience in a worker, supervisory, or consulting capacity of contained work areas; or
(b) Have at least 120 instructional hours as an instructor in an asbestos worker or supervisor course.
(c) The applicant may substitute 120 hours of occupational safety, health, and environmental instructional hours taught in courses required to meet federal and State regulations for the instructional hours required in Paragraph F.2.B. (3)(b) of this Section.
3. Management Planner Discipline.
a. Previous Training.
The applicant shall meet current EPA accreditation requirements for management planners.
b. Education/Asbestos Work Experience.
The applicant shall meet at least one of the following education/asbestos work experience combinations:
(1) If the applicant possesses either a high school or GED diploma, the applicant shall:
(a) Have documented management planning experience showing at least 25 management plans written in the last three years, or documented experience as the project manager for at least 25 asbestos projects in the last three years, or a combination of management plans and projects managed; or
(b) Have at least 48 documented hours as an instructor in an EPA-approved management planner course.
(c) The applicant may substitute 48 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.3.b. (1)(b) of this Section.
(2) If the applicant possesses at least an associate degree from a regionally-accredited college/university, the applicant shall:
(a) Have documented management planning experience showing at least 12 management plans written in the last three years, or documented experience as the project manager for at least 12 asbestos projects in the last three years, or a combination of management plans and projects managed; or
(b) Have at least 32 documented hours as an instructor in an EPA-approved management planner course.
(c) The applicant may substitute 32 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.3.b. (2)(b) of this Section.
4. Building Inspector Discipline.
a. Previous Training.
The applicant shall meet current EPA accreditation requirements for asbestos building inspectors.
b. Education/Asbestos Work Experience.
The applicants shall meet at least one of the following education/asbestos work experience combinations:
(1) If the applicant possesses either a high school or GED diploma, the applicant shall:
(a) Have documented experience including asbestos inspections in at least one million square feet of building space in the last three years; or
(b) Have at least 60 documented hours as an instructor in an EPA-approved building inspector course.
(c) The applicant may substitute 60 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.4.b. (1)(b) of this Section.
(2) If the applicant possesses at least an associate degree from a regionally-accredited college/university, the applicant shall:
(a) Have documented experience including asbestos inspections in at least 500,000 square feet of building space in the last three years; or
(b) Have at least 40 documented hours as an instructor in an EPA-approved building inspector course.
(c) The applicant may substitute 40 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.4.b. (2)(b) of this Section.
5. Project Designer Discipline.
a. Previous Training.
The applicant shall meet current EPA accreditation requirements for asbestos project designers.
b. Education/Asbestos Work Experience.
The applicants shall meet at least one of the following education/asbestos work experience combinations:
(1) If the applicant possesses either a high school or GED diploma, the applicant shall:
(a) Have documented asbestos project design experience including the design of at least 12 asbestos projects in the last three years; or
(b) Have at least 30 documented hours as an instructor in an EPA-approved asbestos project designer course.
(c) The applicant may substitute completion of 30 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.5.b. (1)(b) of this Section.
(2) If the applicant possesses at least an associate degree from a regionally-accredited college/university, the applicant shall:
(a) Have documented asbestos project design experience including the design of at least six asbestos projects in the last three years; or
(b) Have at least 20 documented hours as an instructor in an EPA-approved asbestos project designer course.
(c) The applicant may substitute 20 documented hours of occupational safety, health, and environmental instruction taught in courses required to meet federal or State regulations for the instructional hours required in Paragraph F.5.b. (2)(b) of this Section.
G. Documentation of Instructor Qualifications.
1. Applicants seeking approval to teach work-practice or hands-on topics or to act as a sole instructor shall submit documentation of training, education, and work experience as required herein.
2. Documentation of Training.
a. The applicant shall submit a copy of initial and subsequent refresher certificates of training from courses approved by the EPA or by an EPA-accredited state, and provide for each course the title, dates of instruction, names of instructors, name, address, and telephone number of the training provider.
b. Instructors shall take refresher training from a training provider not affiliated with the instructor for at least one discipline every year. Instructors teaching multiple disciplines shall alternate among the different disciplines taught.
3. Documentation of Education.
The applicant shall submit a copy of high school, GED, or college or university diploma or the name and address of the conferring institution.
4. Documentation of Asbestos Work Experience.
a. An applicant for instructor of worker or supervisor training courses shall submit a detailed description of job duties and responsibilities as an asbestos worker, foreman, supervisor, or consultant, including all of the following:
(1) Inclusive dates of employment;
(2) The name of the employer;
(3) Types of ACM removed;
(4) Number of workers supervised;
(5) Name, address, and telephone number of each different employer; and
(6) Name of immediate supervisor at each different employer.
b. An applicant for instructor of building inspector, management planner, or project designer training courses shall include all relevant information concerning experience completing inspections, management plans, or project designs, including all of the following:
(1) Size and location of buildings inspected;
(2) Descriptions of management plans, projects managed, or projects designed;
(3) Name, address, and telephone numbers of building owners;
(4) Name, address, and telephone numbers of all employers; and
(5) Inclusive dates of employment.
c. Documentation of Instructor Experience.
The applicant shall submit a detailed description of instructor experience, including all of the following:
(1) Name of training courses taught;
(2) Topics taught for each course;
(3) Inclusive dates of each training course;
(4) Total hours taught for each training course; and
(5) Name, address, and telephone number of each training organization with which experience is claimed.
H. Work Practice Topics.
Instructors shall meet the qualifications for instructors listed in Section XIX.F. above in order to teach the following asbestos Work Practice Topics:
1. O&M Worker and Worker Refresher:
a. State-of-the-Art Work Practices.
b. Hands-on Exercises (initial course only).
2. Worker and Worker Refresher:
a. State-of-the-Art Work Practices.
b. Hands-on Exercises (initial course only).
3. Supervisor and Supervisor Refresher:
a. State-of-the-Art Work Practices.
b. Techniques for Asbestos Abatement Activities.
c. Hands-on Exercises (initial course only).
4. Management Planner and Management Planner Refresher:
a. Evaluation/Interpretation of Survey Results.
b. Hazard Assessment.
c. Developing an Operation and Maintenance (O&M) Plan.
d. Record Keeping for the Management Planner.
e. Assembling and Submitting the Management Plan.
5. Building Inspector and Building Inspector Refresher:
a. Pre-inspection Planning and Review of Previous Inspection Records.
b. Inspecting for Friable and Non-friable Asbestos Containing Materials (ACM).
c. Assessing the Condition of Friable ACM.
d. Bulk Sampling/Documentation of Asbestos in Schools.
e. Record Keeping and Writing Inspection Reports.
f. Field Trip.
6. Project Designer and Asbestos Project Designer Refresher:
a. Safety System Design Specifications.
b. Designing Abatement Solutions.
c. Budgeting/Cost Estimation.
d. Writing Abatement Specifications.
e. Preparing Abatement Drawings.
f. Occupied Buildings.
g. Field Trip.
I. Course Approval.
1. The Department may base approval of an initial or refresher training course in any discipline in whole or in part on the provider's compliance with the requirements of Section XIX.C., the accuracy and applicability of the materials submitted pursuant to this Section, observation by a Department representative of an actual presentation of the course, or approval from the EPA, an EPA-accredited state, or a state having reciprocity with the Department.
2. The training provider shall submit all of the following information to the Department not less than 30 days prior to the initial presentation of the course within the State:
a. Course sponsor's name, address, and telephone number;
b. The course curriculum;
c. Length of training in days;
d. Description of amount and type of hands-on training;
e. Topics covered in the course;
f. A copy of all course materials, including student manuals, student handouts, instructor notebooks, lecture outlines, etc;
g. A detailed statement regarding the length, format, and development of examinations, and copies of actual examinations;
h. A description of procedures used to administer examinations and to ensure their security;
i. Instructor names, documentation of qualifications (including resumes), and the subject areas that each instructor will teach;
j. Description and samples of numbered certificates that will be issued to students who successfully complete the course, and a statement regarding the manner in which certificate numbers are generated; and
k. Other applicable information requested by the Department.
3. The provider of any training course presented in the State shall allow Department representatives to attend, monitor, and evaluate the course without charge and without advance notice.
4. The provider of any training course approved by the Department shall notify the Department within ten days of any changes in course topics, materials, and instructors. The training provider shall provide notification in writing and shall submit appropriate documentation for Department approval.
5. The Department reserves the right to require additional training as appropriate, including training specific to this regulation, air sampling strategies, or roofing projects.
6. The Department shall withdraw approval of a training course if it determines that:
a. The course no longer meets the requirements of this regulation or the EPA Model Accreditation Plan.
b. Approval from the EPA, an EPA-accredited state, or a state with whom the Department has reciprocity has been withdrawn.
J. Periodic Audits.
1. The Department may conduct unannounced audits of any training course to ensure compliance with all requirements of this regulation.
2. All in-State training providers shall maintain the approval status of their training courses by submitting to periodic on-site audits by the Department. Such audits may be unannounced. In-State training courses that have been audited by a state having a written reciprocal agreement with the Department regarding periodic audits may be exempted from the periodic audit rule.
3. The Department shall conduct periodic audits for the purpose of verifying that:
a. The training course complies with all requirements of this regulation;
b. The training course content has been updated and is current with state-of-the-art methods and technology available in the asbestos abatement and management industry;
c. The training course meets instructor qualifications and performance standards, training course administration standards, hands-on training standards, and instructor-to-student and workstation-to-student ratios as established by the Department;
d. The training course sponsor has maintained training-related records as required in Paragraph C.9. of this Section; and
e. Previously-approved curriculum materials and instructors are subject to the training course standards as defined by the Department.
4. All training course sponsors shall allow, at no charge, representatives from the Department to attend all or any part of any training course for the purpose of conducting periodic audits. Training course sponsors shall not restrict access to any part of a training course for which the Department is conducting an on-site audit. As part of the audit process, training course sponsors shall make records that are required by this regulation available to the Department upon request.
5. As a result of a periodic on-site audit of any training course previously approved by the Department, the Department may revoke or suspend its approval; or, for training courses that have been approved by other federal or state approval agencies, the Department may refuse to accept certificates of training if any of the following deficiencies are noted during the audit:
a. The course is not in compliance with this regulation;
b. The training provider misrepresents the extent of the training course's approval; or
c. The Department finds evidence of falsification of any records required by this regulation.
6. The Department shall not recognize a certificate of training issued by any in-State training course that has had its acceptance suspended or revoked as a result of an on-site audit until a subsequent audit shows that the cause of suspension or revocation has been corrected.
7. The Department shall not recognize a certificate of training issued by any training course that has had its approval, acceptance, or certification revoked by any other state or federal approval agency until the approval has been reinstated by the revoking agency.
K. Training Course Fee Schedule.
1. Initial approval for each training course license - $350.00 per day per course.
2. Annual license renewal for Department-approved training courses - $200.00 per course.
3. Each course license is valid for an entire year, regardless of the number of times the course is taught during the year.
4. Fees shall not be refunded if a training course is denied a license per this regulation.
5. Failure to pay annual training course license renewal fees may, after a hearing in accordance with the provisions of this regulation, result in the course license being revoked.
Section XX. INDUSTRIAL MANUFACTURING AND ELECTRICAL GENERATING FACILITIES.
A. Applicability.
1. In lieu of requirements described in other sections of this regulation except as specified herein, the requirements of this Section shall apply to the owner of an industrial manufacturing or electrical generating facility that has obtained a group license for facility employees or employees of the designated long-term in-house contractor.
2. Unless otherwise specified herein, the applicable requirements of this regulation shall apply to any asbestos project involving RACM, regardless of the size of the project.
3. No person shall engage in any asbestos project or abatement involving RACM unless licensed to do so by the Department.
4. Industries that choose not to obtain a facility group license or who hire companies or individuals not covered under the facility group license shall satisfy all applicable requirements described in other sections of this regulation.
B. Training.
Employees of industrial manufacturing or electrical generating facilities and of such facilities' long-term in-house contractors who perform asbestos abatement projects shall satisfy the training requirements as specified below:
1. Employees who perform OSHA-designated Class I and II work not subject to OSHA's exceptions shall receive training consistent in length and curriculum with 40 CFR Part 763, Subpart E, Appendix C, as amended, and any subsequent amendments and editions. Employees who perform OSHA-designated Class III work not subject to OSHA's exceptions shall receive training consistent in length and curriculum with 40 CFR 763.92(a)(2).
2. All training conducted for the purpose of satisfying B.1 of this Section shall be conducted by a person who meets the applicable instructor qualifications of the Training Section of this regulation.
C. License Application.
1. Each person covered under a facility group license shall successfully complete a Department-approved initial or refresher training course specific to the discipline, and at the conclusion of the course, shall successfully pass an examination, when applicable, with a score of 70 percent or above.
2. Each facility seeking a group license shall submit a completed application to the Department in a format designated by the Department. The application must state the type of license for which the application is being made and must include the following information:
a. Name, mailing address, and street address of the industrial manufacturing or electrical generating facility;
b. Name, title, and telephone number of a responsible company official;
c. Name of the designated long-term in-house contractor, when applicable; and
d. Name, Social Security number, discipline, training provider or approved instructor, and, when applicable, examination date of most recent training certificate for each person to be included under the license.
e. An owner shall notify the Department quarterly of any change in facility name, contact person, mailing address, street address, telephone number, long-term in-house contractor, and/or personnel covered by the group license.
3. Acceptable documentation of training may be requested by the Department and shall include:
a. An original certificate issued by the training course provider that meets the requirements specified in this regulation; or
b. A valid, original license or accreditation issued by a state that has a reciprocal arrangement with the Department (photocopies or telephone facsimile copies shall not be accepted); or
c. A letter verifying successful completion of training that is sent directly to the Department from the approved training instructor.
4. Duration of a License.
a. A license shall automatically become invalid if an instrument of payment is returned for insufficient funds.
b. A group license shall expire one year from the process date, unless the Department suspends or revokes the license at an earlier date. No person covered by a group license shall engage in any asbestos project after one year from the examination date printed on his or her most recent training certificate regardless of the expiration date of the group license.
D. Continuing Education
1. After successful completion of an approved initial training course, each employee to be covered under a group license shall thereafter successfully complete a Department-approved initial or refresher training course specific to the discipline, and, at the conclusion of each course shall pass an examination with a score of 70 percent or above where applicable.
2. If more than 12 months but fewer than 24 months have elapsed since completing an initial or refresher training course, an applicant shall successfully complete either a refresher training course or an initial training course.
3. If more than 24 months have elapsed since successfully completing an initial or refresher training course, an applicant shall complete another initial training course.
E. Fees.
1. No application will be processed unless accompanied by the required fee.
2. Departmental receipt and deposit of fees submitted with an application shall in no way indicate approval of the application or guarantee the Department's issuance of a license.
3. Fees shall not be refunded if a license is denied.
F. Group License Fee Schedule.
The fee for a group license shall be as follows:
1. Up to 10 people - $ 25.00 minimum fee
2. 11 to 20 people - $ 2.50 per person
3. 21 to 50 people - $ 5.00 per person
4. 51 to 90 people - $ 7.50 per person
5. 91 persons or more - $ 500.00 maximum fee
6. The minimum fee for a group license is $25.00 and the maximum is $500.00.
G. Project Fees.
1. The Department shall collect project license fees for all RACM being removed and for previously non-regulated ACM rendered regulated by use of destructive removal techniques such as chipping, grinding, sawing, abrading, drilling, or extensive breaking.
2. Abatement project fees for RACM are calculated at 10 cents per linear, cubic, or square foot, with a minimum fee of $25.00 and a maximum fee of $1,000.00.
3. The Department will not issue an abatement project license for a renovation or demolition until all requested information has been submitted and reviewed and all applicable fees have been paid.
4. Fees will not be refunded on projects for which the Department has issued an asbestos project license.
5. An abatement project license that has been issued shall automatically become invalid if an instrument of payment is returned for insufficient funds.
H. Action on an Application.
Within 15 calendar days after receiving an application, the Department will acknowledge receipt of the application and notify the applicant of any deficiency in the application. Within 30 calendar days after receiving a completed application, including all additional information requested, the Department will issue a license or deny issuance of the application.
I. Conditions and Generic Alternatives.
In granting a license, the Department may impose reasonable terms and conditions to ensure continuous compliance with the requirements of this regulation.
J. Asbestos Project General Information.
1. Prior to beginning a renovation or demolition operation at a facility, the owner/operator shall ensure that a building inspection is performed to identify the presence, location, and estimated quantity of ACM that may be disturbed by the work activity. The building inspection shall be performed by a person licensed as a building inspector or management planner.
2. The building inspector or management planner shall comply with the Building Inspection Section of this regulation.
K. Notification.
1. For NESHAP renovation projects, refer to the NESHAP Project Section of this regulation.
2. For demolitions, refer to the Demolition Section of this regulation.
3. For small, minor, and O&M renovation projects, either:
a. Provide the Department with written notification/application prior to any abatement and pay all applicable fees.
(1) Deliver the notification by U.S. Postal Service or commercial delivery service, facsimile transmission, by hand or by other methods deemed acceptable by the Department.
(2) Postmark or deliver the notice at least four working days for small projects before commencing asbestos stripping or removal work or any other activity begins that would break up, dislodge, or similarly disturb RACM. For minor and O&M projects, postmark or deliver the notice prior to commencing abatement activities.
(3) Update the notification when any previously-notified information changes and pay additional project fees as necessary.
(4) Notify the Department by telephone and follow up in writing as soon as possible, but not later than, the originally notified start date when a project for which notification was sent has been canceled.
(5) The Department may waive the five-calendar-day prior notice requirement on a case-by-case basis.
b. Maintain a log of all small, minor, or O&M projects performed during a quarter, report them to the Department within 30 calendar days of the end of the quarter, and pay applicable project fees. The log shall include but is not limited to: the name and address of the facility being abated, amount and type of ACM removed, date(s) of the removal, names of individuals who performed the abatement, the temporary waste storage location, and the name of the landfill used for disposal.
4. The owner/operator shall notify the Department by telephone and follow up in writing as soon as possible before, but not later than, the notified start date when a project has been canceled.
5. A licensed asbestos project designer shall prepare and implement the written design for each abatement renovation project involving the removal of greater than 3,000 square, 1,500 linear, or 656 cubic feet of RACM in a facility to be reoccupied. However, all projects shall be designed in accordance with the requirements of 40 CFR 763.90(g), as amended, and any subsequent amendments and editions, and this regulation.
6. The disposal requirements of this regulation shall be applicable to asbestos-containing and asbestos-contaminated materials for any abatement activity.
L. Emergency Operation Documentation.
1. For an emergency operation, the owner/operator shall submit project notification as early as possible before, but not later than, the working day following the emergency operation.
2. The facility owner shall notify the Department in writing of the date and hour that the emergency occurred; a description of the sudden, unexpected event; and an explanation of how the event caused an unsafe condition, public safety or health threat, equipment damage, or would impose an unreasonable financial burden. The owner shall submit this information with the project notification as required in this Section.
M. Work Practices.
1. NESHAP projects performed at an industrial manufacturing or electrical generating facility by individuals covered under the facility's group license shall satisfy the work practice requirements of 40 CFR 61.145, as amended, and any subsequent amendments and editions, and shall ensure that: wet removal methods are used; no visible emissions are released to the outside air; and all asbestos waste is sealed in leak-tight containers and disposed of at a landfill permitted to accept asbestos waste.
2. Any small or minor asbestos project or any O&M activity performed at an industrial manufacturing or electrical generating facility shall be subject to the work practice requirements of the Small Project, Minor Project, or O&M Project Sections whenever feasible. When such work practice requirements are not feasible or when alternate Federal OSHA and EPA work practice standards are used, the owner/operator shall perform work in such a way to provide assurance of RACM containment.
3. The use of glovebags must be in accordance with the requirements of OSHA 29 CFR 1926.1101.
4. The owner/operator shall ensure that contaminated water is filtered through a five micron or smaller filter and discharged to a sanitary sewer system. No contaminated or filtered water shall be allowed to leak or drain outside of the work area.
5. The Department may, on a case-by-case basis, approve alternative procedures for work practices, control of emissions from an asbestos abatement project, or air monitoring, provided the owner/operator submits a written description of the alternative procedure to the Department prior to beginning work and demonstrates to the satisfaction of the Department that compliance with the prescribed procedures will not be practical or feasible and that the proposed alternative procedures provide equivalent protection from asbestos exposure.
6. Legible copies of Departmental letters of approval for alternative work practices shall be kept at the project site and available for inspection for the duration of abatement.
N. Exemption from Wetting for Any Sized Project.
The requirements of the Exemption From Wetting Section of this regulation shall apply.
O. Disposal.
The requirements of the Disposal Section of this regulation shall apply except as follows:
1. In lieu of locking metal dumpster doors and tops, the dumpster containing asbestos waste may be kept in a secured area to which access is controlled.
2. Asbestos waste may be kept at the site until a sufficient quantity has accumulated for a full shipment. In this instance, the facility owner shall submit a copy of a completed waste shipment record or other shipping manifest to the Department within 45 working days of shipment of the waste.
P. Requirements for Training Courses and Training Instructors.
In order for initial or refresher training subject to the requirements of 40 CFR Part 763 to be acceptable as a basis for licensing pursuant to this Section, the course curriculum and instructors must meet the applicable curriculum criteria in the Training Section of this regulation and be approved by the Department.
Q. The requirements of the Reprimands, Suspensions, and Revocation Section of this regulation shall apply.
R. The requirements of the Contested Cases Section of this regulation shall apply.
S. The requirements of the Records Section of this regulation shall apply.
T. The requirements of the Other Requirements Section of this regulation shall apply.
Section XXI. REPRIMANDS, SUSPENSIONS AND REVOCATION.
The Department may reprimand any licensee or revoke or suspend any license based upon violation of any requirement stated herein. Reasons for reprimand, suspension, or revocation may include, but are not limited to, falsification or known omission of any written submittal required as part of this regulation, submission of fraudulent information or documentation, omission or improper use of work practices, improper disposal of ACM, or spread of asbestos emissions beyond the containment area.
Section XXII. CONTESTED CASES
A. A Department decision involving the issuance, denial, renewal, suspension, or revocation of a permit or license may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23.
B. Any person to whom an order or civil penalty is issued may appeal it pursuant to applicable law, including S.C. Code Title 44, Chapter 1 and Title 1, Chapter 23.
Section XXIII. RECORDS.
Each licensed asbestos owner/operator shall retain, for at least three years after their issuance, all records required herein unless otherwise stated. These records shall be made available to the Department for review upon request.
Section XXIV. OTHER REQUIREMENTS.
A. The requirements of this regulation shall in no way be construed to relieve the owner/operator from compliance with other regulatory requirements or contractual agreements that may be more restrictive.
B. The Department reserves the right to assess additional fees for licensing, training course auditing, and abatement activities, should enabling legislation be enacted.
Section XXV. SEVERABILITY CLAUSE.
The provisions of Sections I through XXV of this regulation must be construed as separate provisions. If a provision is judged to be invalid in a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of the Section which may be given effect without invalid provision or application and pursuant to this requirement, the provisions of these Sections are severable.
These regulations set forth the specific requirements for controlling underground injection in the State and include provisions for: the classification and regulation of injection wells; prohibiting unauthorized injection; protecting underground sources of drinking water from injection; classifying underground sources of drinking water; and, requirements for abandonment, monitoring, and reporting for existing injection wells used to inject wastes or contaminants.
The definition of any word or phrase used in these regulations shall be the same as defined in Section 48-1-10 of the 1976 Code, except that the following words and phrases shall have the following meaning and shall apply to the underground injection control program.
A. "Abandoned well" means a well the use of which has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for monitoring purposes.
B. "Aquifer" means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of ground water to wells or springs.
C. "Casing" means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into permeable strata, or to prevent fluids from entering or leaving the hole.
D. "Cesspool" means a drywell that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides.
E. "Confining zone" means a geological formation, group of formations, or part of a formation that is capable of significantly limiting fluid movement above or below an injection zone.
F. "Contaminant" means any substance or matter which degrades the quality of naturally occurring water either directly or indirectly as a result of man's activity.
G. "Drywell" means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.
H. "Facility, operation or activity" means any injection well or system including land and appurtenances thereto.
I. "Flow rate" means the volume per unit of time of a fluid which emerges from an orifice, pump, turbine, or passes along a conduit or channel.
J. "Fluid" means material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.
K. "Formation" means a body of rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.
L. "Formation fluid" means fluid present in a formation under natural conditions as opposed to introduced fluids.
M. "Ground water" means water below the land surface in a zone of saturation.
N. "Improved sinkhole" means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geological settings which have been modified by man for the purpose of directing and emplacing fluids into the subsurface.
O. "Injection" means the emplacement of fluid into the subsurface or ground waters by an injection well except fluids used in association with well construction, development, or abandonment.
P. "Injection well" means any well which is used or intended to be used for injection.
Q. "Injection zone" means a geological formation, group of formations, or part of a formation which is receiving injection, has received injection, or is intended to receive injection.
R. "Lithology" means the description of rocks on the basis of their physical and chemical characteristics.
S. "Non-contact system" means a closed system which conveys water pumped from the aquifer through a process on a once-through basis without significantly altering the chemical quality of the water to be returned to the aquifer.
T. "Owner/operator" means the person who owns the land on which a facility is located and/or the person who is responsible for the overall operation of the facility.
U. "Person" means any individual, federal agency, public or private corporation, political sub-division, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any legal entity whatsoever.
V. "Point of injection for Class V wells" means the last accessible point prior to waste fluids being released into the subsurface environment through a Class V well.
W. "Pressure" means the total load or force per unit area acting on a surface.
X. "Septic system" means a well that is used to emplace sanitary wastes below the surface and is typically comprised of a septic tank and subsurface fluid distribution system. The UIC requirements do not apply to single family residential septic systems nor to non residential septic systems which are used solely for disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day.
Y. "Stratum (plural strata)" means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.
Z. "Subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.
AA. "Subsidence" means the lowering of the natural land surface in response to: Earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (Hydro-compaction); oxidation of organic matter in soils; or added load on the land surface.
BB. "Total dissolved solids (TDS)" means the amount of material in solution gravimetrically determined after filtering the sample through a 0.45-um membrane filter and drying at 180°C.
CC. "Underground source of drinking water (USDW)" means an aquifer or its portion:
(1) Which supplies any public water system; or,
(2) Which contains a sufficient quantity of ground water to supply a public water system; and,
(a) Currently supplies drinking water for human consumption; or,
(b) Contains water with fewer than ten thousand milligrams per liter total dissolved solids.
DD. "Waste" shall mean and include the following:
(1) "Sanitary waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparations, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of the wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the water is not mixed with industrial wastes.
(2) "Industrial waste" means any superfluous liquid, gaseous, solid or other substance or a combination thereof resulting from any process of industry, manufacturing, trade or business.
(3) "Hazardous waste" has the meaning given in Section 44-56-20 of the 1976 South Carolina Code of Laws as amended and regulations promulgated pursuant thereto.
EE. "Well" means any excavation which is cored, bored, drilled, jetted, dug, or otherwise constructed the depth of which is greater than its largest surface dimension; or, a dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system.
FF. "Well injection" means the subsurface emplacement of fluids through a well.
These regulations apply to all persons owning, using, or proposing to use any well for injection, but does not include any dug hole, or well which is not used for emplacement of fluids. Minimum standards for construction and abandonment of injection wells are as those stated for all wells in the SC Well Standards and Regulations (R.61-71).
The injection of any fluids to the subsurface or ground waters of the State by means of an injection well is prohibited except as authorized by a Department permit or rule.
61-87.5. Protection of Underground Sources of Drinking Water.
The movement of fluids containing wastes or contaminants into underground sources of drinking water as a result of injection is prohibited if the presence of the waste or contaminant:
A. May cause a violation of any drinking water standard under R61-58.5; or,
B. May otherwise adversely affect the health of persons.
61-87.6. Classification of Underground Sources of Drinking Water.
The Department may classify (identify by narrative description, illustrations, maps, or other means) and shall protect, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an "underground source of drinking water."
61-87.7. Area of Review Requirements for Class II and III Wells.
The area of review for an injection well or field, project or area of the State shall be a fixed radius around the well, field or project of one fourth mile or greater as determined by the Department. In determining the fixed radius, the following factors shall be taken into consideration by the Department:
A. Physical and chemical characteristics of the injected and formation fluids;
B. Injection rate and pressure;
C. Hydrogeology;
D. Population and ground-water use and dependence;
E. Historical practices in the area.
F. Well design and construction standards.
61-87.8. Corrective Action Requirements for Class II and III Wells.
A. Corrective action required under these regulations for improperly sealed, completed, or abandoned wells which penetrate the injection zone and are located within the area of review shall consist of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water.
B. The applicant shall identify all such wells and submit a plan for corrective action with the permit application.
C. If the plan is determined adequate, the Department shall incorporate it into the permit as a condition.
D. If review of the application indicates that the applicant's plan is inadequate, the Department shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit or deny the application.
E. To determine the adequacy of corrective action proposed by the applicant and the additional steps needed to prevent fluid movement into underground sources of drinking water the following criteria and factors shall be considered by the Department:
(1) Nature and volume of the injected fluid;
(2) Nature of formation fluids or by-products of injection;
(3) Potentially affected population;
(4) Geology;
(5) Hydrology;
(6) History of the injection-operation;
(7) Completion and plugging records;
(8) Abandonment procedures in effect at the time the well was abandoned;
(9) Hydraulic connections with underground sources of drinking water.
(10) Well design and construction standards.
F. The Department may require, as a permit condition, that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well or water supply well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such restrictions on injection pressure may be a part of the compliance schedule for corrective action and last until all other required corrective action has been taken.
G. No permit for a new injection well will be issued until all required corrective action has been taken.
H. The Department's corrective action requirements for Class III wells shall include the consideration of the overall effect of the project on the hydraulic gradient in potentially affected Underground Sources of Drinking Water and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program shall be designed to verify the validity of such determinations.
61-87.9. Mechanical Integrity Requirements for Class II and III Wells.
A. An injection well will be considered to have mechanical integrity if:
(1) There is no measurable leak in the casing, tubing or packer; and,
(2) There is no measurable fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore which would result in deterioration of the water quality in zones above or below the injection zone.
B. The method used to determine the absence of any measurable leaks in the casing, tubing or packer shall be conducted as follows:
(1) Monitoring of the annulus pressure; or,
(2) A pressure test with liquid or gas.
C. The method used to determine the absence of any measurable fluid movement into underground sources of drinking water shall be the results of a temperature or noise log.
D. In conducting and evaluating the tests for mechanical integrity, the owner or operator and the Department shall apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the Department, the owner or operator shall include a description of the test(s) and the method(s) used. In making the evaluation, the Department shall review monitoring and other test data submitted since the previous evaluation.
61-87.10. Financial Responsibility Requirements for Class II and III Wells.
The permittee shall maintain financial responsibility and resources, in the form of performance bonds or other equivalent forms of financial assurances approved by the Department, as specified in the permit, to close, plug, and abandon the injection operation.
61-87.11. Classification and Regulation of Injection Wells.
A. Class I.
(1) This class applies to industrial, municipal and other injection wells for disposing of fluids into the subsurface or ground water and includes:
(a) Industrial disposal wells for disposing of waste other than hazardous or radioactive waste;
(b) Municipal or privately owned disposal wells for disposing of domestic sewage or other waste not hazardous or radioactive.
(c) Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste;
(2) No person shall construct, operate or use a well of this Class for injection.
B. Class II.
(1) This Class applies to wells which inject fluids:
(a) Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;
(b) For enhanced recovery of oil or natural gas; and,
(c) For storage of hydrocarbons which are liquid at standard temperature and pressure.
(2) No person shall construct, use, or operate a well of this Class for injection except as authorized by a permit issued by the Department. A mining permit issued by the Department may be necessary before petroleum exploration and/or production is initiated.
C. Class III.
(1) This Class applies to special process wells which use injection for extraction of minerals and includes but is not limited to:
(a) Mining of sulfur by the Frasch process;
(b) In-situ production of uranium or other metals;
(c) Solution mining of salts or potash;
(d) In-situ recovery of lignite, coal, tar sands, and oil shale.
(2) No person shall construct, use, or operate a well of this Class for injection except as authorized by a permit issued by the Department. A mining permit issued by the Department may be necessary before mineral extraction is initiated.
D. Class IV.
(1) This Class applies to injection wells for disposing of hazardous or radioactive waste into the subsurface or ground water and includes those injection wells used by:
(a) Generators of hazardous or radioactive wastes;
(b) Owners or operators of hazardous waste management facilities or radioactive waste disposal sites.
(2) No person shall construct, use or operate a well of this class for injection:
(a) Except owners or operators of contaminated ground water remedial systems treating groundwater to be injected into the same formation from which it was drawn are authorized by rule for the life of the well if subsurface emplacement of fluids is approved by EPA, or the Department, pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601-9675, or pursuant to requirements and provisions under the Resource and Conservation Act (RCRA), 42 U.S.C. 6901-6992k;
(b) In violation of R61-87.5.
E. Class V.A.
(1) This Class applies to all injection wells not included in Class I, II, III, and IV and V.B. and includes but is not limited to:
(a) Drainage wells used to drain storm runoff into a subsurface formation;
(b) Recharge wells used to replenish the water in an aquifer;
(c) Salt-water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;
(d) Subsidence control wells (Not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water;
(e) Sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined-out portions of subsurface mines;
(f) Injection wells associated with the recovery of geothermal energy of heating, aquaculture or production of electric power;
(g) Injection wells used in experimental technologies;
(h) Natural gas storage wells;
(i) Corrective action wells used to inject groundwater associated with aquifer remediation;
(j) Septic system wells used to inject the waste or effluent from a multiple dwelling, business establishment, community, or regional business establishment septic tank;
(k) Large capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes which have an open bottom and sometimes perforated sides. The UIC requirements do not apply to single family residential cesspools nor to non residential cesspools which receive sanitary waste and have the capacity to serve fewer than 20 persons a day;
(l) Motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities.
(2) No person shall construct, use or operate a well of this Class for injection:
(a) Except as authorized by a permit issued by the Department as provided by these regulations;
(b) In violation of R61-87.5.
(3) No person shall construct, use or operate:
(a) Large capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes which have an open bottom and sometimes perforated sides. The UIC requirements do not apply to single family residential cesspools nor to non residential cesspools which receive sanitary waste and have the capacity to serve fewer than 20 persons a day;
(b) Motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities.
F. Class V. B.
(1) This Class applies to all injection wells used to return to the supply aquifer the water which has passed through a non-contact system and includes, but is not limited to:
(a) Heat pump return flow wells;
(b) Cooling water return flow wells.
(2) This Class is authorized by rule and does not require a permit, however, no person shall construct, use or operate a well of this Class for injection in violation of R61-87.5.
(3) Reporting requirements: All Class V. B. well owners or operators shall report to the Department no later than one year after the effective date of these regulations for existing wells of this Class, and no later than thirty days for new wells of this Class, on forms provided by the Department or on an alternative approved form the following information:
(a) Facility name and location description with direction and distance from two nearby map reference points;
(b) Name and mailing address of facility owner;
(c) Name and mailing address of facility operator;
(d) Nature and type of injection facility and well(s) including drawings of the surface and subsurface construction details of the well(s);
(e) Operating status of the injection facility and well(s).
(4) Failure to submit information to the Department regarding R.61-78(f)(3) will result in the prohibition from injecting until the reporting requirements are satisfied.
61-87.12. Abandonment, Monitoring and Reporting Requirements Applicable to Existing Injection Wells Used to Inject Waste or Contaminants.
A. Any well, used for the injection of wastes or contaminants, and constructed or in operation prior to the effective date of these regulations, must be reported by the owner to the Department within thirty days after the effective date. The information shall include:
(1) Location of the injection well and any associated monitoring wells;
(2) Name and address of injection well owner;
(3) Name and address of injection well operator;
(4) Construction drawings of the injection well and injection systems to include depths, composition of construction, and injection system materials, etc.;
(5) Analysis of injected fluid;
(6) Date injection initially began;
(7) Records of injection rates, pressures, volumes, etc. during the operating period of the well; and,
(8) Background ground-water quality data.
B. Any Class II, III, IV(2)(a) or V.A. injection well constructed or in operation prior to the effective date of these regulations shall be permitted in accordance with R.61-87.13 or abandoned by the owner in a manner specified by the Department. Any Class I, Class IV (other than specified above), V.A.-(j), (k), (l) injection well constructed or in operation prior to the effective date of these regulations will be abandoned by the owner in a manner specified by the Department. As part of abandonment, the Department may require the owner to:
(1) Install monitor wells in the injection zone and adjacent zones as necessary to detect the dispersion and migration of injection fluids within and from the injection zone;
(2) Monitor the fluid levels and water quality in the injection and monitor wells at specified intervals;
(3) Submit the results of monitoring at such frequencies and in such form as specified.
61-87.13. Permitting Requirements for Class II, III, IV(2)(a), and V. A. Wells.
A. A permit shall be obtained from the Department prior to constructing, operating, or using any Class II, III, IV(2)(a) or V. A. well for injection.
B. All permit applications shall be signed as follows:
(1) For a corporation: by a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or,
(3) For a municipality, state, federal or other public agency: by either a principal executive officer or ranking elected official.
C. The person signing the application certifies the well will be operated in accordance with approved specifications and conditions of the permit.
D. All reports required by permits, other information requested by the Department, and all permit applications submitted for Class II wells under the UIC program shall be signed by a person described in paragraph B of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in paragraph B. of this section;
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);
(3) The written authorization is submitted to the Department.
E. If an authorization under D. of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of D. of this section must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.
F. Any person signing a document under paragraphs B., D., or E. of this section shall make the following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
G. An application shall be submitted in triplicate to the Department on forms furnished by the Department and shall include the following:
(1) Class II and III Wells;
(a) The activities conducted by the applicant which require it to obtain a permit.
(b) Name, mailing address, and location of the facility for which the application is submitted.
(c) Up to four Standard Industrial Codes which best reflect the principal products or services provided by the facility.
(d) The owner's and (if different than the owner) operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.
(e) A listing of all permits or construction approvals received or applied for under any of the following programs:
(i) Hazardous Waste Management program under RCRA;
(ii) UIC program under SDWA;
(iii) NPDES programs under CWA;
(iv) Prevention of Significant Deterioration (PSD) program under the Clean Air Act;
(v) Nonattainment program under the Clean Air Act;
(vi) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
(vii) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act;
(viii) Dredge or fill permits under section 404 of CWA;
(ix) Other relevant environmental permits, including State permits.
(f) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage or disposal facilities; each well where fluids from the facility are injected underground; and other wells, springs, surface water bodies, mines (surface and subsurface), and quarries in the map area.
(g) A brief description of the nature of the business.
(h) A map showing the injection well(s) for which a permit is sought and the applicable area of review. Within the area of review, the map shall show the name and location of all producing wells, injection wells, abandoned wells, dry wells, and water wells. The map shall also show faults, or other geological discontinuities if known or suspected.
(i) A tabulation of data reasonably available from public records or otherwise known to the applicant on all wells within the area of review included on the map required under paragraph (h) of this section which penetrate the proposed injection zone or, in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review which penetrate formations affected by the increase in pressure. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the Department may require. In cases where the information would be repetitive and the wells are of similar age, type, and construction the Department may elect to only require data on a representative number of wells.
(j) Illustrations (maps, cross-sections, fence diagrams) prepared by a geologist showing:
(i) The regional geologic setting;
(ii) The detailed hydrogeologic structure of the local area;
(iii) The vertical and lateral limits of all underground sources of drinking water, confining zones, and injection zones within the area of review, their position relative to the injection formation and the direction of water movement in every underground source of drinking water and injection zone which may be affected by the proposed injection.
(k) Proposed operating data as follows:
(i) Average and maximum daily rate and volume of fluid to be injected;
(ii) Average and maximum injection pressure; and
(iii) Source and a qualitative analysis and ranges in concentrations of the constituents in the injected fluid;
(l) Proposed formation testing program.
(m) Proposed stimulation program.
(n) Proposed injection procedure.
(o) Drawings of the surface and subsurface construction details of the well.
(p) Plans for meeting the monitoring requirements for the Class proposed.
(q) Expected changes in pressure, formation fluid displacement, and direction of movement of injected fluid.
(r) Contingency plans to cope with all shut-ins or well failures so as to prevent the migration of contaminating fluids into underground sources of drinking water.
(s) A plan for plugging and abandonment that will prevent the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another.
(t) A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug, or abandon the well as required by these regulations.
(u) The corrective action proposed to be taken as required by these regulations.
(2) Class IV(2)(a) and Class V. A. Wells;
(a) The activities conducted by the applicant which require it to obtain a permit.
(b) Name, mailing address, and location of the facility for which the application is submitted.
(c) The owner's and (if different than the owner) operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.
(d) A brief description of the nature of the business.
(e) Proposed operating data as follows:
(i) Average and maximum daily rate and volume of fluid to be injected;
(ii) Average and maximum injection pressure; and
(iii) Source and an analysis of the chemical, physical, biological and radiological characteristics of the injected fluid.
(f) Drawings of the surface and subsurface construction details of the well.
H. All applications for a new permit and renewal or transfer of an existing permit shall be filed in sufficient time prior to commencement of well construction, or transfer to allow compliance with all legal procedures.
I. If the Department finds the application is complete, the Department shall prepare a draft permit or issue a notice of intent to deny the application. If the Department finds that the tentative decision to deny or terminate was incorrect, the Department shall withdraw the notice of intent and prepare a draft permit.
J. The Department shall prepare a Statement of Basis for each notice of intent to deny or terminate, and for each draft permit for non-major facilities. A Fact Sheet shall be prepared for each draft permit for a major facility and for each draft permit which the Department finds is the subject of widespread public interest. The Statement of Basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision. Fact Sheets prepared when applicable shall include:
(1) A brief description of the type of facility or activity which is the subject of the draft permit;
(2) The type and quantity of fluids which are proposed to be injected;
(3) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;
(4) Reasons why any requested variances or alternatives to required standards do or do not appear justified;
(5) Name and telephone number of a person to contact for additional information; and,
(6) A description of the procedures for reaching a final decision on the draft permit including:
(a) The beginning and ending dates of the public comment period and the address where comments will be received;
(b) Procedures for requesting a hearing and the nature of that hearing; and,
(c) Any other procedures by which the public may participate in the final decision.
K. The Department will issue a public notice when any of the following actions have occurred:
(1) A permit action has been tentatively denied;
(2) A draft permit has been prepared;
(3) A public hearing has been scheduled; or,
(4) An appeal has been granted.
L. The contents of the public notice will include:
(1) Name, address and phone number of the office processing the permit action;
(2) Name and address of each applicant whose application is being considered;
(3) A brief discussion of the business conducted at the facility;
(4) Name, address and phone number of person from whom interested person may obtain additional information;
(5) The purpose of the hearing;
(6) Reference to the date of previous public notices relating to the permit; and,
(7) A brief description of the comment procedures and the date, time, and place of any hearing that will be held, including procedures to request a hearing.
M. The public notice shall allow at least thirty days for public comment.
N. No public notice will be issued for Class V.B. Wells or non-major Class V.A. Wells. No public notice will be issued for other classes of wells when a request for permit modification, revocation and reissuance, or termination is denied. In such cases, written notice only will be given to the requestor and permittee.
O. The Department will hold a public hearing whenever the Department finds, on the basis of requests, a significant degree of public interest in draft permits and whenever such hearing might clarify one or more issues involved in the permit decision. Public notice of a public hearing may be given at the same time as public notice of a draft permit and the two notices combined.
P. Public notices will be circulated in the geographical area of the proposed facility at least thirty days prior to the date of the hearing:
(1) By posting a copy of the notice at the Courthouse in the county in which the facility is located;
(2) By publishing the notice three times in a newspaper having general circulation in the said county;
(3) By mailing to all appropriate government agencies;
(4) By mailing to any person or group upon request; and,
(5) By mailing a copy to all persons on the Department's mailing lists for receiving such notices.
Q. The Department shall issue a final permit decision after the close of the public comment period. A final permit decision shall become effective thirty days after serving notice of the final decision to the applicant and each person who has submitted written comments or requested notice of the final permit decision; unless:
(1) A later date is specified by the Department; or,
(2) A participant in the public hearing or public review process petitions the decision within thirty days after the final decision is issued; or,
(3) No comments requested a change in the draft permit, in which case the permit shall become final upon issuance.
R. The Department will respond to comments received at the time a final permit is issued. The response will be made available to the public and include:
(1) Which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the changes; and,
(2) A description and response to all significant comments on the draft permit raised during the public comment period or during any hearing.
S. All records, reports and information required to be submitted to the Department; public comment on these records, reports or information; and the draft and final permits shall be disclosed to the public unless the person submitting the information can show that such information, if made public, would disclose methods or processes entitled to protection as trade secrets. The Department shall determine which information is entitled to confidential treatment. In the event the Department determines that such information is entitled to confidential treatment, the Department shall take steps to protect such information from disclosure. The Department shall submit the information considered to be confidential in the Department's determination of confidentiality.
T. The Department shall:
(1) Provide facilities for the inspection of information relating to UIC permit applications and permits;
(2) Ensure the employees handle requests for such inspections promptly; and,
(3) Ensure that copying machines or devices are available for a reasonable fee.
U. Injection may not commence until construction is complete, the permittee has submitted notice of completion of construction to the Department, and the Department has inspected or otherwise reviewed the injection well and finds it in compliance with these regulations.
(1) Prior to granting approval for the operation of any injection well, the Department shall require a satisfactory demonstration of mechanical integrity pursuant to these regulations.
(2) Prior to granting approval for the operation of any injection well, the Department shall consider the following information when such information is required by these regulations:
(a) All available logging and testing data on the well;
(b) The proposed operating procedures;
(c) The results of the formation testing program; and,
(d) The status of corrective action on defective wells in the area of review.
V. The Department may establish maximum injection volumes and pressures and such other permit conditions as necessary to assure that fractures are not initiated in the confining zone adjacent to an underground source of drinking water; that injected fluids do not migrate into underground sources of drinking water; that formation fluids are not displaced into any underground sources of drinking water; and to assure compliance with operating requirements.
W. A permit shall be issued for a period not to exceed ten years from the date of issuance for a Class IV(2)(a) and Class V. A. wells. On expiration of the permit, the permit shall become invalid unless a complete application is made, prior to the expiration date, for a renewal of the subject permit. For Class II and III wells the permit shall be issued for a period up to the operating life of the facility. The Department shall review each issued Class II or III U.I.C. permit at least once every five years to determine whether it should be modified, revoked and reissued, or terminated.
X. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
(1) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
(2) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.
(3) The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility.
(4) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
(5) Monitoring results shall be reported at the intervals specified elsewhere in the permit.
(6) Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each schedule date.
(7) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information.
Y. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(1) Causes for permit modification or revocation and reissuance:
(a) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit;
(b) The Department has received information not available at the time of permit issuance that would have justified application of different permit conditions at the time of issuance. This cause shall include any information indicating that cumulative effects on the environment are unacceptable;
(c) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. The Department may determine good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonable available remedy.
(2) The Department may terminate a permit during its term or deny a permit renewal application for the following causes:
(a) Noncompliance by the permittee with any condition of the permit;
(b) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination.
(d) The Department shall follow the procedures as prescribed in Section 48-1-50 of the 1976 South Carolina Code of laws.
Z. The permit does not convey any property rights of any sort, or any exclusive privilege.
AA. The permittee shall furnish to the Department any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the Department, upon request, copies of records required by the permit to be kept.
BB. The permittee shall allow the Department, or an authorized representative, upon their presentation of credentials to:
(1) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
(3) Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and,
(4) Sample or monitor, at reasonable times, for the purposes of assuring permit compliances or as otherwise authorized, any substances or parameters.
CC. The permittee shall:
(1) Retain copies of records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended up to five years by request of the Department at any time. Records of monitoring information shall include:
(a) The date, exact place, and time of sampling or measurements;
(b) The individual(s) who performed the sampling or measurements;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and,
(f) The results of any such sampling, measurements and analyses.
(2) Retain all records concerning the nature and composition of injected fluids until five years after completion of any plugging and abandonment. The Department may require the owner or operator to deliver the records to the Department at the conclusion of the retention period.
DD. The permit shall not be transferable to any person except after notice to and approval by the Department. The Department may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be appropriate.
EE. The permittee shall report any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water and any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. The permittee shall immediately stop injection upon determination that the injection system has malfunctioned and could cause fluid migration into or between underground sources of drinking water. The permittee shall not restart the injection system until the malfunction has been corrected and written approval is issued by the Department. The information shall be provided, to the Department, orally within eight hours of the occurrence. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the cause for the noncompliance has not been corrected, the anticipated time required for correction, and any steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
61-87.14. Criteria and Standards for Class II, III, IV(2)(a) and V.A. Wells.
A. All Class II and III wells shall be sited in such a fashion that they inject into a formation which is separated from any Underground Sources of Drinking Water by a confining zone that is free of known open faults or fractures, or other geological discontinuities within the area of review.
B. All Class II and III injection wells shall be cased and cemented to prevent movement of fluids into or between underground sources of drinking water. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well.
(1) In determining and specifying casing and cementing requirements, the following factors shall be considered:
(a) Depth to the injection zone;
(b) Depth to the bottom of all Underground Sources of Drinking Waters; and,
(c) Estimated maximum and average injection pressures.
(2) In addition, the Department may consider information on:
(a) Corrosiveness of injected fluids and the physical and chemical characteristics of formation fluids;
(b) Lithology of injection and confining zones;
(c) External pressure, internal pressure, and axial loading;
(d) Hole size; (depth, diameter)
(e) Size and grade of all casing strings; and,
(f) Type and grade of cement and additives.
C. Appropriate logs and other tests shall be conducted during drilling and construction. A descriptive report interpreting the results of that portion of those logs and tests which specifically relate to an Underground Source of Drinking Water and the confining zone adjacent to it, and the injection and adjacent formations shall be prepared by a knowledgeable log analyst and submitted to the Department. At a minimum, these logs and tests shall include:
(1) Deviation checks on all holes constructed by first drilling a pilot hole and then enlarging the pilot hole, by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling.
(2) Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. In determining which logs and tests shall be required the following shall be considered by the Department in setting logging and testing requirements:
(a) For surface casing intended to protect underground sources of drinking water in areas where the lithology has not been determined:
(i) Electric and caliper logs before casing is installed; and,
(ii) A cement bond, temperature, or density log after the casing is set and cemented.
(b) For intermediate and long strings of casing intended to facilitate injection:
(i) Electric, porosity and gamma ray logs before the casing is installed;
(ii) Fracture finder log; and,
(iii) A cement bond, temperature, or density log after the casing is set and cemented.
D. At a minimum, the following information concerning the injection formation shall be determined or calculated:
(1) Fluid pressure;
(2) Estimated fracture pressure;
(3) Physical and chemical characteristics of the injection zone.
E. Operating Requirements. Operating requirements shall, at a minimum specify that:
(1) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to the Underground Sources of Drinking Waters. In no case shall injection pressure cause the movement of injection or formation fluids into an underground source of drinking water.
(2) Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited.
F. Monitoring Requirements for Class II Wells. Monitoring requirements shall, at a minimum, include:
(1) Monitoring of the nature of injected fluids at time intervals sufficiently frequent to yield data representative of their characteristics;
(2) Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies:
(a) Weekly for produced fluid disposal operations;
(b) Monthly for enhanced recovery operations;
(c) Daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons; and,
(d) Daily during the injection phase of cyclic steam operations; And recording of one observation of injection pressure, flow rate and cumulative volume at reasonable intervals no greater than thirty days.
(3) A demonstration of mechanical integrity at least once every five years during the life of the injection well;
(4) Maintenance of the results of all monitoring until the next permit review; and,
(5) Hydrocarbon storage and enhanced recovery may be monitored on a field or project basis rather than on an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.
G. Monitoring Requirements for Class III, IV(2)(a) and V.A. Wells.
(1) An appropriate number of monitoring wells shall be completed into the injection zone and into any underground sources of drinking water which could be affected by the injection operation. These wells shall be located in such a fashion as to detect any excursion of injection fluids, process by-products, or formation fluids outside the injection area or zone. If the operation may be affected by subsidence or catastrophic collapse the monitoring wells shall be located so that they will not be physically affected.
(2) In determining the number, location, construction and frequency of monitoring of the monitoring wells the following
