| (1) To qualify as a phased project, the project must
have planned periods of inactivity and all of the abatement and demolition
work must be performed at one site. The site may contain more than
one building, such as an office complex or university, if the buildings
are under the control of one owner or operator. Notification of a
phased project must not cover a period that exceeds 12 calendar months
from the project start date. A completed Phased Project Schedule form
must be submitted with each notification. The notification form must
be submitted at least 10 working days before the start date of the
first phase. The notification form must be submitted, as required
in subsection (d) of this section.
(2) When there is a change to the phased project schedule,
the building owner or the delegated agent or the facility owner or
operator, as applicable, must:
(A) submit a notification amendment along with the
revised Phased Project Schedule form to DSHS as soon as possible,
but no later than the new proposed start date, stop date, or both
of the phased project, whichever is earlier; and
(B) also fax or email a revised Phased Project Schedule
form to the appropriate DSHS regional inspector as soon as possible,
but no later than the new proposed start date, stop date, or both
of the phased project, whichever is earlier.
(r) Asbestos notification fees.
(1) Applicability. The building owner or the delegated
agent or the facility owner or operator, as applicable, must pay to
DSHS an asbestos notification fee, as required in this subsection.
The fee is based upon the amount of asbestos removed and includes
a subscription fee in an amount determined by the Texas Department
of Information Resources to recover costs associated with the development
and maintenance of Texas.gov services. The subscription fee is 3%
of the total notification fee. The minimum fee for notification or
the cancellation of a notification is $55.
(2) Payment.
(A) When a notification is submitted online, the user
has the option to pay the notification fee at the time of submission
or request to have an invoice mailed. DSHS mails an invoice to the
building owner or the delegated agent or the facility owner or operator,
as applicable, within 30 working days after the completion of the
notified project. Payment must be received by DSHS within 60 calendar
days after the invoice date.
(B) When a notification is submitted by mail, DSHS
mails an invoice to the building owner or the delegated agent, or
the facility owner or operator, as applicable, within 30 working days
after the completion of the notified project. Payment must be received
by DSHS within 60 calendar days after the invoice date.
(3) Notification fees.
(A) Fees for asbestos abatement projects.
(i) Notification fees for asbestos abatement are based
on the total amount of the RACM or ACBM reported on the notification
form to be abated, as required in §296.191 of this chapter (relating
to Asbestos Management in a Public Building, Commercial Building,
or Facility) and this section. Fees for abatement are required to
be paid based upon a $30 fee for each asbestos reporting unit (ARU).
(ii) The minimum asbestos abatement notification fee
per notification is $55 and the maximum fee per notification is $3,210
for abatement projects of 107 ARUs or more, except that the maximum
fee per notification for a school building is $320.
(iii) Notification fees are calculated by measuring
the amount of RACM or ACBM to be abated in square feet, linear feet,
or cubic feet.
(I) ARU calculation for square feet. The number of
ARUs is determined by measuring the total amount of RACM or ACBM to
be abated in square feet, dividing that number by 160, and, if applicable,
rounding that total down to a whole number.
(II) ARU calculation for linear feet. The number of
ARUs is determined by measuring the total amount of RACM or ACBM to
be abated from pipes in linear feet, dividing that number by 260,
and, if applicable, rounding that number down to a whole number.
(III) ARU calculation for cubic feet. The number of
ARUs is determined by measuring the total amount of RACM or ACBM to
be abated from off facility components where the length or area could
not be measured previously, dividing that number by 35, and, if applicable,
rounding that number down to a whole number.
(IV) Notification fee calculation. The notification
fee is calculated by adding the total number of ARUs for each category
(square feet, linear feet, and cubic feet) and multiplying the total
number of ARUs by $30.
(B) Fees for demolition only projects. The fee per
notification for demolition for which RACM or ACBM will not be abated
or will be left in place is $55.
(C) Fees for abatement and demolition projects. The
fee per notification for abatement with demolition is based solely
on the amount of RACM and ACBM removed during the abatement. If an
abatement notification is amended to add demolition, no additional
fee is required for adding the demolition to the notification.
(4) Reimbursement of notification fees. The building
owner or the delegated agent or the facility owner or operator, as
applicable, may submit a request for reimbursement based upon cancellation
of the abatement or demolition or overestimation in calculating the
number of ARUs of the amount of RACM or ACBM to be abated. If less
than the reported amount will be removed, a notification amendment
must be provided to DSHS with the reimbursement request. The written
request must be received by DSHS within 10 working days after the
notified project end date or its timely cancellation. DSHS deducts
an administrative fee of $57 from any reimbursement for an excess
payment of a notification fee. The requestor is not entitled to reimbursement
of a notification fee for $62 or less.
(5) Nonpayment of fees. Failure to pay the required
fee by the invoice due date is a violation under this chapter and
may subject the building owner or the delegated agent or the facility
owner or operator, as applicable, to an administrative penalty under §296.318
of this chapter (relating to Administrative Penalty).
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