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Indiana Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations

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This office lease clause deals with asbestos and causing the landlord to remediate asbestos during initial alterations.

The Indiana Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations is an important provision that ensures the safety and well-being of tenants in Indiana. This clause applies to landlords and property owners who intend to undertake any initial alterations or renovations on their property. Under this clause, if the initial alterations involve the disturbance or potential release of asbestos-containing materials (ACMs), the landlord is legally required to remediate and safely remove the asbestos from the property. This ensures that tenants are not exposed to the severe health risks associated with asbestos exposure, such as asbestos-related lung diseases including mesothelioma and lung cancer. By implementing this clause, Indiana aims to protect the health and safety of everyone residing in rented properties. It places the responsibility on the landlord to carry out proper remediation procedures and ensure that the property is entirely free from ACMs before any alterations can take place. This includes proper testing, assessment, and safe removal or encapsulation of any identified asbestos materials in accordance with federal and state regulations. It is important to note that there may be different variations or types of the Indiana Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations, depending on specific circumstances and legal requirements. These variations could include: 1. Asbestos Management and Control: This type of clause may outline the responsibilities and procedures for managing and controlling asbestos within the property. It addresses ongoing maintenance, periodic inspections, and necessary action plans in case of asbestos identification or disturbance during alterations. 2. Tenant Notification and Disclosure: This variation may require the landlord to notify tenants about any planned alterations that may involve asbestos-containing materials. It emphasizes the importance of transparency and informed decision-making, allowing tenants to take appropriate precautions and measures to minimize their exposure risk. 3. Remediation Financing: In some cases, the clause may address the financial aspect of asbestos remediation during initial alterations. It may stipulate who bears the cost of testing, removal, and disposal of asbestos-containing materials. This helps to clarify the financial responsibility between the landlord and the tenant when dealing with asbestos-related issues. Overall, the Indiana Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations plays a crucial role in ensuring the health and safety of tenants within rental properties. By requiring landlords to proactively address asbestos concerns during alterations, it helps prevent potential health hazards and promotes a clean and safe living environment for all residents.

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In 1986, OSHA in Standard 29 CFR 1910.1001 established the current permissible exposure limit (PEL) for asbestos in the workplace: (0.1 fibers/cc of air as a time weighed average) [OSHA 2012]. PELs are allowable exposure levels in workplace air averaged over an 8-hour shift of a 40 hour workweek.

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 .

The act establishes federal standards for mobile sources of air pollution and their fuels and for sources of 187 hazardous air pollutants, and it establishes a cap-and-trade program for the emissions that cause acid rain. It establishes a comprehensive permit system for all major sources of air pollution.

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. The employer must ensure that no one is exposed above these limits. .

All new uses have been banned since 1989 because asbestos is known to cause lung problems, including cancer, decades after high exposures. Children are not typically at risk for these diseases because they do not work in industrial settings; however, some home and school construction projects can disturb old asbestos.

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.

Section 112(b)(1) includes an initial list of hazardous air pollutants that is composed of specific chemical compounds and compound classes to be used to identify source categories for which the EPA will promulgate emissions standards.

For major sources, Section 112 requires that EPA establish emission standards that require the maximum degree of reduction in emissions of hazardous air pollutants.

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IDEM's Asbestos Program is governed by rules in Title 326 and Title 329 of the Indiana Administrative Code (IAC) and regulations in Title 40 of the Code of ... A notification is a written notice from the owner and/or operator of a demolition or renovation operation to IDEM about the intent to demolish or renovate a ...To apply for a permit, fill out and submit the Asbestos Abatement Permit Application. ... Only an Indiana-licensed and Indianapolis-permitted asbestos contractor ... Federal asbestos regulations do not apply to work that you perform in your own home, but the EPA strongly recommends that you not attempt to remove vermiculite ... Wet methods, or wetting agents, to control employee exposures during asbestos handling ... Remove asbestos contamination from their worksuits in the equipment ... Oct 10, 2023 — This page provides a listing of the laws and regulations pertaining to asbestos implemented by the EPA and certain other federal agencies. Oct 21, 2021 — This article addresses various issues that may arise in your rental property that would constitute you to sue your landlord. Definitions. As used in this act: (a) "Asbestos project" means an activity undertaken to remove or encapsulate friable asbestos containing materials. Choosing a reputable, professional and knowledgeable general contractor is a critical first step for any ... residence within six months after completing the ... In consideration of the mutual covenants and agreements contained herein, Landlord and Tenant agree as follows: 1. Leased Premises. Landlord hereby leases to ...

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Indiana Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations