Montana § 75-2-503 - Rulemaking Authority -- Issuance Of Permits

§ 75-2-503. Rulemaking Authority -- Issuance Of Permits

Rulemaking authority -- issuance of permits. (1) The department shall, subject to the provisions of 75-2-207 , adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with federal law and include but are not limited to: (a) standards for training course review and approval; (b) standards for accreditation of applicants for asbestos-related occupations; (c) examination requirements for accreditation of applicants for asbestos-related occupations; (d) requirements for renewal of accreditation, including periodic refresher courses; (e) revocation of accreditation; (f) inspection requirements for asbestos projects and asbestos-related occupations credentials; (g) criteria to determine whether and what type of control measures are necessary for an asbestos project and whether a project is completed in a manner sufficient to protect public health, including criteria setting allowable limits on indoor airborne asbestos. A determination of whether asbestos abatement of a structure is necessary may not be based solely upon the results of airborne asbestos testing. (h) requirements for issuance of asbestos project permits and conditions that permitholders shall meet; (i) standards for seeking injunctions, criminal and civil penalties, or emergency actions; (j) advance notification procedures and issuance of permits for asbestos projects; and (k) fees, which must be commensurate with costs, for: (i) review and approval of training courses; (ii) application for and renewal of accreditation by a person seeking to pursue an asbestos-related occupation; (iii) issuance and administration of asbestos project permits, including annual asbestos project permits for facilities; and (iv) requested inspections of asbestos projects. (2) For asbestos projects having a cost of $3,000 or less, the department shall issue asbestos project permits within 7 calendar days following the receipt of a properly completed permit application and the appropriate fee.