Lead Abatement Work Practice Standards Enforcement Manual
Regulatory Terms And Definitions
- Chronic: A behavior or pattern of behavior that continues over a period of time or is marked by frequent reoccurrences.
- Compliance: A regulated entity or individual’s meeting or conformity with applicable regulations, notifications and licensure requirements, and laws.
- Compliance Inspection: An on-site assessment of an active lead abatement project to assure compliance with applicable regulations, notifications and licensure requirements, and laws.
- Department: Shall refer to the Missouri Department of Health and Senior Services.
- Director: Shall refer to the Director of the Missouri Department of Health and Senior Services or a designee of the Director of the Missouri Department of Health and Senior Services.
- Emergency: Any set of circumstances that constitutes an imminent health hazard or poses an immediate threat to human health, safety or the environment.
- Encapsulant: A liquid coating or adhesively bonded substance applied to a surface to form a barrier between a lead-bearing substance and the environment.
- Encapsulation: The application of an encapsulant.
- Enclosure: The use of rigid, durable construction materials mechanically fastened to a substrate to act as a barrier between a lead-bearing substance and the environment.
- Enforcement: A formal action taken against the regulated entity or individual for violating applicable regulations, notifications and licensure requirements, and laws. Such actions include, but are not limited to, Notice of Violation (NOV), warning letters, administrative penalties, cease and desist order and/or licensure restriction, revocation, suspension or denial.
- Imminent Health Hazard: Any condition which presents an immediate, significant, threat or danger to health when there is sufficient evidence to show that a product, practice, or circumstance requires immediate correction based on the number of potential injuries and the nature, severity, and duration of the anticipated hazard.
- Lead Abatement Project: The replacement, encapsulation, enclosure, or removal of a lead-bearing substance on a particular component within a particular location, which will remove or remediate the lead hazard(s) for at least twenty years. A “lead abatement project shall not include any measure involving a de minimis surface area of activity excluded from this definition by rule.”
- Licensed Lead Professional: Shall include lead inspectors, risk assessors, lead abatement workers, lead abatement supervisors, project designers and lead abatement contractors.
- Multiple violation penalty: The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action.
- Multi-day violation: A violation, which has occurred on or continued for two (2) or more consecutive or nonconsecutive days. Each day shall be a separate offense.
- Noncompliance: Deviation from or failure to meet applicable regulations, notifications and licensure requirements, and laws. Noncompliance can range from a single incident to chronic conduct. Noncompliance may result in a negative impact to public health and/or the environment. There are three types of noncompliance:
- Notification Noncompliance is a failure to notify the department prior to the onset of a lead abatement project
- Minor noncompliance reflects a violation of regulatory requirements where public health and/or the environment will not be negatively impacted to a significant degree. An example of minor noncompliance would include improper re-notification of changes in projects or incomplete information included on the lead abatement project notification.
- Significant noncompliance reflects a violation of regulatory requirements where public health and/or the environment is or will be negatively impacted to a significant degree. An example of significant noncompliance would include work related issues such as inadequate use of 6-mil polyethylene (poly) or inadequate cleaning procedures.
- Acute noncompliance reflects a violation of regulatory requirements that are immediately or imminently harmful to public health and/or the environment; or represent a failure by an employee of a lead abatement contractor to be licensed to conduct lead abatement activities. An example of acute noncompliance would include working without properly licensed personnel or using prohibited work practices that create immediate or imminent health hazards, such as open-flame burning or torching of lead-bearing substances.
- Notice of Violation (NOV): The formal written documentation that reflects the deviation from or failure of the lead abatement contractor, supervisor or worker to meet applicable regulations, notifications and licensure requirements, and laws. A notice of violation shall include the corrective action(s) to be performed to achieve compliance.
- Notification: A required package of information submitted to the department by the lead abatement supervisor at least ten (10) days prior to the onset of a lead abatement project. The notification shall include a completed Lead Abatement Project Notification form, as required by the department; full payment of the notification fee prior to starting the lead abatement project; and disclosure of any potential lead hazards to the owners and tenants of a dwelling by the Missouri licensed risk assessor who conducted the initial risk assessment (Occupant Protection Plan).
- Referral: Submittal of a case to the department’s Office of General Counsel for further legal enforcement action or the prosecutor’s office for criminal sanctions.
- Removal: A lead abatement strategy that refers to the elimination of lead based paint on a component, by use of sanding, scraping, mechanical planning/sanding or chemical strippers.
- Replacement: A lead abatement strategy that refers to the elimination of a lead hazard by substituting a lead-bearing component with a similar non lead-bearing component.
- Secure Area: An area that is not easily accessible to the public, such as a fenced area, out-of-sight from street, or a dumpster located near the worksite away from public sight.
- Violation: The deviation from or failure of the licensed lead professional to meet applicable regulations, notifications and licensure requirements, and laws, which require corrective action(s).
- Warning Letter: A formal letter issued by the department to notify the regulated entity or individual that minor noncompliance has occurred and that subsequent noncompliance may be subject to administrative penalties, cease and desist orders and/or licensure restriction, suspension, revocation or denial.
- Written Notice: The department’s Lead Abatement Project Compliance Inspection Report, which includes any and all violations, observed during a lead abatement compliance inspection, the necessary corrective actions and the timeframe allotted to make the corrections.