Wisconsin Legislature: DHS 163.14(2)(a)4.

Alert! This chapter may be affected by an emergency rule:

EmR2502

(g) Requirements when soil abatement is conducted.

1. If soil is removed, any replacement soil shall have a lead concentration of less than 400 parts per million and shall comply with ch. NR 720 as applicable. The soil that is removed shall not be used as topsoil at another dwelling or child–occupied facility.

2. If the soil abatement does not involve removal of soil-lead, the soil shall be permanently covered by a barrier consisting of solid, relatively impermeable materials, such as asphalt or concrete.

(h) Requirement for notice to the department. Before conducting abatement, a certified lead abatement supervisor shall provide notice to the department under sub. (2).

(i) Requirement to clean up the work area. Documented methodologies shall be followed to clean the work area and any other affected area of the property before beginning worksite set-up, at the end of each day’s work, and when all work has been completed.

Note: For one documented methodology that may be followed to clean up the work area, refer to the most current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available on the HUD website at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

(j) Requirement for a visual inspection. Following cleanup of the work area, a certified lead abatement supervisor shall conduct a visual inspection to verify that any dust, debris, or paint chips have been removed and that the visual inspection is passed before access to the area is allowed.

(k) Requirement for management of wastewater, air emissions and solid waste. All wastewater, air emissions, and solid waste from lead abatement activities shall be handled according to documented methodologies and as follows:

1. Contained in the work area to prevent the release of dust and debris before removal for storage and disposal. If a chute is used to remove waste from the work area, it shall be covered.

2. Stored in a container or enclosure at the conclusion of each work day that prevents access to and release of dust and debris.

3. Contained to prevent release of dust and debris during transport.

4. Discharge of wastewater shall be managed according to chs. NR 105, 106 and 200 to 299.

5. Air emissions shall be managed according to chs. NR 404, 415, 429, and 445.

6. Paint debris and waste shall be managed according to chs. NR 500 to 538 and 660 to 679.

Note: Refer to guidance from the Department of Natural Resources on managing lead-based paint waste, “Commercial and Residential Paint Removal and Disposal,” at https://www.dnr.wi.gov/files/PDF/pubs/wa/WA173.pdf, as well as the most current edition of the HUD “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” available at https://www.hud.gov/program_offices/healthy_homes/lbp/hudguidelines.

(L) Requirement for clearance. The lead abatement supervisor shall arrange for final clearance under sub. (5) to be conducted as soon as possible following abatement. The abatement is not complete until a certified lead hazard investigator, inspector or risk assessor declares in writing that all clearance levels are met.

(m) Requirement for written report. Within 10 working days after receiving the clearance report, but no later than 20 working days following completion of abatement, a certified lead abatement supervisor or project designer shall submit a written report to the person who contracted for the abatement. The report shall include all of the following:

1. Start and end dates of the project if different from the dates on the notice to the department.

2. A copy of the written notice to the department under sub. (2).

3. Name, address, telephone number and certification number of each certified lead company involved in the project and the name and certification number of each lead abatement supervisor assigned to the project to the extent that information is not included on the written notice under sub. (2).

4. The occupant protection plan that was prepared prior to the project.

5. A copy of the clearance report under sub. (5) (c) 9.

6. A detailed written description of the lead abatement project, including the abatement activities conducted, locations of rooms or living areas and components where abatement occurred, reason for selecting the particular method used for each component and any suggested monitoring of encapsulants or enclosures.

Note: Rather than repeating information already located elsewhere, the abatement report may include other documents that contain required information, such as an order, contract or abatement notice. For example, to provide a detailed description of the abatement, orders issued by a public health agency may be attached and variances from the order described in the report.

(2) Abatement notice to the department.

(a) Timing of notice. The lead abatement supervisor shall submit notice for receipt by the department as follows:

1. For an original notice of abatement, written notice not less than 2 working days before the start of the activity.

2. In an emergency where a health risk warrants immediate action, written or verbal notice before the start of the activity.

3. Projects must start on the start date provided on the project notice. To change the project start date on an existing notice, written or verbal revised notice not less than 2 working days before the activity begins if the new start date is earlier than the original start date or a minimum of one working day before the original start date if the new start date is later than the original start date.

4. To change the project end date on an existing notice, submit revised notice in writing as soon as the change is determined, but no later than the original end date.

5. Project duration provided in the written notice shall be appropriate to the size and scope of the project. Original notices shall be for a duration of no more than 14 consecutive days. If the project will extend beyond the original end date, revised notice shall be made in writing no later than the original end date or most recently revised end date.

(b) Written notice.

1. ‘Form for written notice.’ Written notice shall be on the department’s notice form or on a form approved by the department and shall include all of the following information:

a. Project details, including the start and end dates, work shifts or hours, project activities, quantity of lead-based paint materials in the project, and whether the project was ordered, affected by HUD requirements, or involved registered lead-safe property or property applying for a certificate of lead-free status or lead-safe status.

b. Lead investigation details, including how and when it was identified and the name and certification number of the lead hazard investigator, inspector or risk assessor.

c. Lead company details, including name, certification number, address, contact person and telephone number.

d. Facility or dwelling details, including type, occupancy, location, including street address, contact person and contact person’s telephone number and current owner and current owner’s telephone number.

2. ‘Acceptable methods for submitting written notice.’ Written notice may be sent by U.S. mail, commercial carrier, fax, e-mail, or another method approved by the department.

3. ‘Official date of written notice.’ The official date of a written notice shall be the date on the department’s date of receipt stamp. A notice received after 4:00 p.m. shall be dated as received the next working day.

4. ‘Rejection of notice.’ The department may reject a notice that is illegible or incomplete.

Note: Lead notice forms are available on the department website at http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445.

Note: Submit lead notices according to form instructions.

1. ‘Acceptable methods for submitting verbal notice.’ For emergency or revised notice, verbal notice may be made by telephone or in person and shall include all of the following information:

a. Start and end dates.

b. Name and certification number of the lead company conducting the activity.

c. Location, including street address, of the dwelling or facility where the activity will be conducted.

2. ‘Official date of verbal notice.’ The official date of a verbal notice shall be the date a department representative receives the verbal notice.

3. ‘Written follow-up to verbal notice.’ When verbal notice is given, the lead abatement supervisor shall also submit a written notice under par. (b) within 2 working days after the date of the verbal notice.

Note: To submit verbal notice, phone 608-261-6876.

(3) Abatement work practices that are prohibited. All of the following work practices are prohibited when performing abatement:

(a) Uncontained abrasive blasting or uncontained sandblasting.

(b) Machine sanding, grinding or planing without a properly operating HEPA-filtered exhaust control.

(d) Using chemical paint strippers containing methylene chloride.

(e) Uncontained high-pressure water blasting or uncontained hydroblasting.

(f) Open-flame burning, torching or charring of paint.

(g) Operating a heat gun on paint at or above 1100° F.

(h) Using an improperly operating HEPA vacuum when cleaning.

(i) Dry sweeping when cleaning.

(4) Abatement work practices that are restricted. A certified person conducting any of the following abatement activities shall comply with the specific work practice restrictions for the activity:

(a) Abrasive blasting or sandblasting. When a certified person conducts abrasive blasting of paint or sandblasting of paint, he or she shall do all of the following:

1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.

2. Use containment to isolate abatement areas from the rest of the property.

(b) Machine chipping, grinding, planing or sanding. When a certified person conducts machine chipping, machine grinding, machine planing or machine sanding of paint, he or she shall do all of the following:

1. Prohibit access of uncertified persons to the abatement area until clearance is achieved.

2. Use engineering controls that contain the dust and debris and that include the use of a properly operating HEPA-filtered exhaust control, such as a shrouded power tool attached to a HEPA vacuum.

3. Use containment for interior work to isolate abatement areas from the rest of the property.

(c) Paint stripping. When a certified person conducts chemical paint stripping, he or she shall follow the manufacturer’s directions and may not use chemical strippers that contain methylene chloride.

Note: Using a chemical paint stripper to remove lead-based paint from a component may force lead into the substrate. Lead-safe work practices should be used when abrading a component from which lead-based paint has been chemically stripped.

(d) Power washing. When a certified person conducts power washing of paint, he or she shall use a containment system to prevent the wastes generated from contaminating soils or surface waters or from becoming airborne and dispersing. The certified person shall separate paint chips and other solid residues from the water, and collect and properly manage the paint chips and other solid residues.

Note: Some local governments prohibit power washing. OSHA and DNR also have regulations that apply to power washing.

(e) Removing a painted component. When, in removing any painted component, excluding removal of painted trim that is not part of a window system or part of a door system, a certified person disturbs more than 2 square feet of lead-based paint, he or she shall use containment to isolate abatement areas from the rest of the property.

(f) Using a heat gun. When a certified person removes paint with a heat gun, he or she shall operate the heat gun at a temperature below 1100° F.

(5) Clearance.

(a) Who may conduct.

1. A certified lead hazard investigator, inspector or risk assessor may conduct clearance for any lead hazard reduction or renovation activity.

2. A lead sampling technician may conduct clearance for renovation or interim control activities.

3. The certified individual conducting clearance shall be associated with a certified lead company.

(b) Prohibitions on who may conduct. The person conducting clearance may not do any of the following:

1. Be the company or associated by employment, contract or other agreement with the company that performs or pre-cleans the lead hazard reduction or renovation activity being cleared.

2. Communicate to others the location where clearance dust wipes will be collected.

3. Be the property owner, an immediate family member, agent or employee of the property owner.

4. Be a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.

5. Be a person hired by or under contract with, or authorized by, the property owner to manage or maintain the property owner’s real property as directed by the property owner.

6. Be a person who has a financial interest in the laboratory results of the sampling.

(c) Clearance protocol. In performing clearance, the certified lead hazard investigator, inspector, risk assessor or sampling technician shall comply with all of the following in an unbiased, objective and impartial manner:

1. ‘Visual inspection of work.’ Perform a visual inspection to determine if work specified in any contract, work plans, orders or other specifications has been completed and if any visible amounts of dust, debris or residue are present. If work has not been completed or if visible amounts of dust, debris or residue are present, the person who performed the activity being cleared shall eliminate these conditions prior to the continuation of the clearance procedures.

2. ‘Timing of sampling.’ Following a successful visual inspection and a minimum of one hour after completion of final cleanup activities, conduct clearance sampling for dust-lead by collecting single-surface dust samples using documented methodologies that incorporate adequate quality control procedures.