Florida Asbestos Removal Clause

State:
Multi-State
Control #:
US-OL13062
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that the landlord shall cause the abatement and removal of all asbestos containing material, and the landlord must provide to the tenant an air-sampling report following the completion of the ACM removal or encapsulating and the results of must be deemed satisfactory by the landlord and the tenant if the results satisfy air content thresholds for asbestos fibers established by the appropriate governmental authorities or entities having jurisdiction in such matters allowing occupancy of the Premises.

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FAQ

Clean Air Act (CAA) (42 USC § 7401 et seq.) This law defines the EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer and includes provisions for the EPA to set national emission standards for hazardous air pollutants, including asbestos.

Rules are published in the Florida Administrative Code. The program is also responsible for publishing the Florida Administrative Register. The mission of the section is to file, preserve, and make available to the public the rules, laws, notices, and other public records it receives.

The Florida Department of Environmental Protection (DEP) administers an asbestos removal program under Chapter 62- 257, Florida Administrative Code. The Asbestos NESHAP has been adopted by reference in Section 62-204.800, Florida Administrative Code.

All asbestos products should be re-inspected annually unless the risk is particularly low and you can demonstrate adequate controls. If you are buying a property (commercial or residential pre-2000) you should ideally have an asbestos survey.

469.003 License required.-- (1) No person may conduct an asbestos survey, develop an operation and maintenance plan, or monitor and evaluate asbestos abatement unless trained and licensed as an asbestos consultant as required by this chapter.

Asbestos was one of the first hazardous air pollutants regulated under the air toxics program. On March 31, 1971, EPA identified asbestos as a hazardous pollutant, and on April 6, 1973, EPA promulgated the Asbestos NESHAP, currently found in 40 CFR Part 61, Subpart M .

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period.

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Florida Asbestos Removal Clause