SECTION 295.214. Notifications

(a) Notification requirement. The Texas Department of Health's (department) Environmental Lead Notification Section (ELNS) and the appropriate department regional office shall be notified by the certified lead firm in writing on a form specified by the department of any lead-based paint abatement activity in target housing (each individual and separate residential dwelling or each building within a multifamily dwelling complex) or child-occupied facilities. The department notification form must be filled out completely and properly including an accurate description of the work to be performed. Blanks which do not apply shall be marked "N/A." The designation of "N/A" will not be accepted for references requiring identification of the work site, building description, building owner, certified lead abatement firm, and individuals required to be identified on the notification form. Any changes to the original notification will require that an amended notification be submitted.

(b) Responsibility. It is the responsibility of the certified lead firm to notify the ELNS and regional office of any initial notifications, amendments, cancellations, or emergency notifications. Each notification made to the ELNS shall contain the original signature of the certified firm's owner or an authorized agent of the firm.

(c) Timeliness of notification.

(1) ELNS notification. Written notifications of lead abatement activity must be hand delivered, express mailed, or postmarked at least seven working days (not calendar days) before the start of lead-based paint abatement. Notifications must be delivered by United States Postal Service, commercial delivery service, or by hand delivery. Telephone facsimile (FAX) of notifications to the ELNS is not permitted. The start date is considered to be the date when lead-based paint abatement begins.

(2) Regional office notification. In addition to the notification requirement in paragraph (1) of this subsection, a copy of the notification must be received by the regional office on the same date that the notification is mailed to the ELNS, which shall be at least seven working days prior to the start of the lead-based paint abatement. The copy of the notification may be hand-delivered, express-mailed, sent by electronic mail (E-mail), or faxed to the regional office.

(d) Start/Stop-date amendments. For any changes to the start and/or stop-date(s), the EHNG and the appropriate regional office shall be notified by telephone during the hours of 8:00 a.m. to 5:00 p.m. Central Time (CT) prior to the original or amended start and/or stop-date(s) as previously specified on the notification form. If the amended stop-date is earlier than the original scheduled or previously amended stop-date, then it must be reported prior to the new or amended stop-date. A written amended notification must be postmarked to the EHNG and delivered to the regional office within 24 hours following the telephone communication with the EHNG and the regional office.

(e) Cancellations. When a lead abatement project is to be cancelled, the EHNG and the regional office shall be notified by telephone during the hours of 8:00 a.m. to 5:00 p.m. CT at least 24 hours prior to the scheduled start date, and a notification of cancellation must be submitted to the EHNG and postmarked no later than 24 hours following the telephone communication with the EHNG and regional office. The copy of the notification shall also be hand-delivered, express-mailed, sent by E-mail, or faxed to the regional office no later than 24 hours following the telephone communication with the EHNG and regional office.

(f) Emergency notification. In the event of lead abatement made necessary by an unexpected or unplanned lead incident, notification will be made as soon as practicable, but not later than the following work day after the occurrence of the incident. Initial notification shall be made by telephone to the ELNS and regional office followed by formal notification on the department's notification form. Emergencies shall be documented to the extent that the need for the emergency is evident. An emergency lead abatement operation means a lead abatement operation that was not planned, but results from a sudden, unexpected event. This event, if not immediately attended to, presents a public health or safety hazard. Emergencies do not include immediate abatement work resulting solely from a lack of adequate planning for foreseeable lead abatement activity.

(g) Lead abatement notification fees.

(1) Applicability. The certified firm's owner or an authorized agent of the firm shall remit to the department a fee that is based on each child-occupied facility, individual and separate residential dwelling, or each building within a multi-family dwelling complex to be abated.

(2) Payment. An invoice for the required fee will be sent to the person submitting the notice after the notification has been received by the department. Fee amounts, address, and fund numbers are included on the form. Payment must be received no later than 60 days following the invoice date.

(3) Fees. The fee for each original notification is $100.

(4) Nonpayment of fees. Failure to pay the required fee after an invoice has been sent shall be considered a violation and may subject the certified firm or authorized agent of the firm to administrative penalties as listed in §295.220 of this title (relating to Compliance: Administrative Penalty). The certified firm or authorized agent of the firm may also be subject to civil or criminal penalties if applicable. Governmental organizations may submit a copy of the interagency transfer document or a statement that a check has been requested and is in processing.

Source Note: The provisions of this §295.214 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987