Section 855.300  Local Education Agency (LEA) Requirements

a)         Each LEA shall:

1)         Ensure that any persons who perform inspections and reinspections, develop and update management plans, develop and implement response actions, including operations and maintenance or repair, are licensed in accordance with Section 855.100.

2)         Ensure that all custodial and maintenance employees are properly trained as required by the Asbestos Hazard Emergency Response Act (AHERA),  the Asbestos Abatement Act, and this Part.

3)         Ensure that parents, teachers, and employee organizations are notified in writing at least once each school year of inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.  The LEA shall include in the management plan a description of the steps taken to notify such organizations and a dated copy of the notification.

4)         The LEA shall designate a person to oversee all management plan activities and ensure that the designated person receives adequate training to perform the assigned duties of the local education agency.  Such training shall include:

A)        Health effects of asbestos.

B)        Detection, identification and assessment of ACBM.

C)        Options for controlling ACBM.

D)        Asbestos management programs.

E)        Relevant federal and State regulations concerning asbestos, including those of the Occupational Safety and Health Administration, U.S. Department of Labor, the U.S. Department of Transportation, the U.S. Environmental Protection Agency and the Department.

5)         Ensure that short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of asbestos-containing building materials (ACBM) and/or assumed ACBM.

6)         Ensure that warning labels are posted in accordance with the following:

A)        The LEA shall attach a warning label immediately adjacent to any ACBM and suspected ACBM assumed to be ACBM located in a routine maintenance area (such as boiler rooms) at each school building.

B)        All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM is removed.

C)        The warning label shall state in print which is readily visible: Caution;  Asbestos. Hazardous.  Do Not Disturb Without Proper Training and Equipment.

7)         Ensure that the management plans are available for inspection and notification of such availability has been provided as specified in the management plan.

8)         Keep a copy of the plan in each school and district administrative office. Management plans shall be available for inspection by workers before work begins in any area of a school building.  The management plans shall be available during normal business office hours, without cost or restriction, for inspection by representatives of the USEPA, the Department, teachers, other school personnel, parents and the general public.  The LEA may charge a reasonable cost to make copies of management plans.

9)         Maintain records as part of the management plan.

10)       Ensure that each management plan contains a statement, signed by the individual designated by the LEA, which certifies that the LEA responsibilities have been met or will be met.

11)       Ensure that three year reinspections are conducted in accordance with this Part and Section 855.310(m).

12)       Ensure that the three year school reinspection information form provided by the Department is submitted to the Department within 30 days from the reinspection.

b)         Recordkeeping

1)         Records required under this Section shall be maintained in a centralized location in the administrative office of both the school and the LEA as part of the management plan.  For each homogeneous area where all ACBM has been removed, the LEA shall ensure that such records are retained for six years after completion of removal.

2)         For each preventive measure and response action taken for ACBM and suspected ACBM assumed to be ACBM, the LEA shall provide:

A)        A detailed written description of the response action and methods used, the location where the response action was taken, the reasons for selecting the response action, the start and completion dates of the work, the names and addresses of all contractors involved, and if applicable, their IDPH license I.D. number, and if ACBM is removed, the name and location of the disposal site of the ACBM.

B)        The name, signature, and Department-issued license I.D. number of any person collecting any air samples required to be collected at the completion of certain response actions, the locations where samples were collected, date of collection, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis, the name and signature of the person performing the analysis, and a statement that the laboratory meets the applicable requirements of the National Bureau of Standards TEM laboratory accreditation.

C)        For each time that periodic surveillance is performed, the LEA shall record the name of each person performing the surveillance, the date of the surveillance, and any changes in the conditions of the materials.

D)        For each time that asbestos cleaning is performed, the LEA shall record the name of each person performing the cleaning, the IDPH licensed worker I.D. number, the date of such cleaning, the locations cleaned, and the methods used to perform such cleaning.

E)        For each time that operations and maintenance activities are performed, the LEA shall record the name of each person performing the activity, the Department-issued licensed worker I.D. number, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures used, and if ACBM is removed, the name and location of the storage or disposal site of the ACBM.

F)         For each time that major response action is performed, the local education agency shall provide the name, signature and Department-issued license I.D. number of each person performing the activity, the start and completion dates of the response action, the locations where such response action occurred, a description of the activity, including preventive measures used, and if ACBM is removed, the name and location of the storage or disposal site of the ACBM.

G)        For each fiber release episode, the LEA shall provide the date and location of the episode, the method of repair, preventive measures or response action taken, the name of each person performing the work, the IDPH license ID number, and if ACBM is removed, the name and location of the storage or disposal site of the ACBM.