Delaware Code Title 16 Sec. 7805 – Powers and duties of the Office of Management and Budget
The Office of Management and Budget shall have the following powers and duties and shall give due consideration to Federal Environmental Protection Agency (EPA) document 560/5-85-024 June 1985 or later revision, “Guidance for Controlling Asbestos Containing Materials in Buildings” in conducting these duties:
(1) Approve the standards and specifications for all asbestos abatement funded with state moneys from any source;
(2) Adopt rules and regulations governing the training requirements and certification of contractors and asbestos workers for all asbestos abatement within the State;
(3) Approve the selection of contractors and asbestos workers performing asbestos abatement for state-funded projects based upon qualifications, experience and ability to perform asbestos abatement;
(4) Require all state agencies to obtain prior approval for all asbestos abatement funded with state moneys from any source;
(5) Function as a central location for the receipt and dissemination of relevant asbestos information and reports;
(6) Act as liaison with any federal and/or state agencies that have other programs which may now or hereafter provide funds or assistance in any manner for the detection and elimination of friable asbestos;
(7) During state-funded asbestos abatement projects, conduct an onsite inspection of all procedures of asbestos abatement;
(8) Have the authority to suspend, revoke and/or refuse to renew the certification of any contractor or asbestos worker for a violation of this chapter or any rules, regulations or orders promulgated or entered pursuant to this chapter;
(9) Promulgate such rules and regulations as are necessary to implement this chapter, including but not limited to:
a. Performance standards, practices and specifications for asbestos abatement;
b. Determination of the minimum scope of work of asbestos abatement to which this chapter shall apply;
c. Requirements for submission of a notice of intent to construct, alter, repair, maintain, demolish or renovate or to perform asbestos abatement in any structure, substrate or any portion thereof which may contain asbestos;
(10) Establish a statewide emergency abatement policy to address any asbestos abatement which was not planned but results from a sudden, unexpected event or emergency.
Terms Used In Delaware Code Title 16 Sec. 7805
- Asbestos: includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that has been chemically treated and/or altered. See Delaware Code Title 16 Sec. 7802
- Asbestos abatement: shall mean any of the following activities except those which may be considered incidental during normal day-to-day operations and maintenance:
- Asbestos worker: shall mean any individual who performs asbestos abatement activities and/or work. See Delaware Code Title 16 Sec. 7802
- Contractor: shall mean any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform asbestos abatement, including the removal or encapsulation of asbestos. See Delaware Code Title 16 Sec. 7802
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302