§ 904. Notice and recordkeeping requirements. 1. Each contractor shall
keep and maintain for at least thirty years a record of each asbestos
project in which it engages, which record shall include the following
information: the name, address and social security number of the person
who supervised the asbestos project; the location and description of the
asbestos project; the amount of asbestos or asbestos material that was
removed, enclosed, encapsulated, or disturbed; the starting and
completion date of the asbestos project; the name and address of the
deposit or waste disposal site or sites where the asbestos material was
deposited or disposed of; the name and address of any interim storage
sites used for the asbestos or asbestos materials prior to deposit or
disposal; the name and address of any transporters used to move asbestos
or asbestos material; the name, address and social security number of
all persons who worked on the asbestos project; and any other
information which the commissioner may require.

2. Any contractor engaged in an asbestos project involving more than
two hundred sixty linear feet or more than one hundred sixty square feet
of asbestos or asbestos materials shall notify both the United States
Environmental Protection Agency, Region II, Air and Hazardous Material
Division and the commissioner in writing ten days prior to the
commencement of work on the project or, if emergency conditions make it
impossible to provide ten days prior notice, as soon as practicable
after identification of the project. The notice to the commissioner
shall include the following information: the name, address and asbestos
handling license number of the contractor working on the project; the
address and description of the building or area, including size, age and
prior use of the building or area; the amount of friable asbestos
material present in square feet and/or linear feet, if applicable; room
designation numbers or other local information where such asbestos
material is found unless such material is found throughout the entire
structure; the scheduled starting and completion dates for removal; the
procedures and equipment, including ventilating systems that will be
employed; any additional information which the commissioner may require;
and shall be accompanied by a project notification fee as follows:

Project Size/Linear Feet Fee

260-429 $200

430-824 400

825-1649 1,000

1650 or more 2,000

Project Size/Square Feet Fee

160-259 $200

260-499 400

500-999 1,000

1000 or more 2,000

2-a. The project notification fee imposed by subdivision two of this
section shall be waived if the project is being undertaken by or on
behalf of a city, town, village, or county that is abating or
demolishing a building that is a public nuisance or unsafe. Such waiver
shall apply only if the city, town, village or county certifies in
writing that the project cost will exceed the resulting value of the
property.

2-b. The project notification fee imposed by subdivision two of this
section shall be waived if the project is being undertaken: (a) pursuant
to a plan adopted pursuant to article fifteen of the general municipal
law; (b) pursuant to a plan adopted pursuant to article eighteen-C of
the general municipal law; or (c) by or on behalf of a land bank
operating pursuant to article sixteen of the not-for-profit corporation
law.

3. Upon the expiration, revocation or non-renewal of an asbestos
handling license, or at any other time at the request of the
commissioner, any records required to be kept pursuant to this section
shall be given to the commissioner.

4. A contractor shall post or otherwise provide for written
notification to residential and business occupants of a building ten
days prior to the commencement of work on any asbestos project in the
building or, if the work is scheduled to begin less than ten days after
the execution of the contract, at least three days prior to the
commencement of work, or if emergency conditions make it impossible to
provide ten days notice or three days notice as applicable, as soon as
practicable after identification of the project. The notification shall
be made in such a manner and shall contain such information as is
reasonably necessary to advise such occupants of any asbestos project in
the building, according to regulations promulgated by the commissioner.
If posted, such notice shall remain in place until completion of the
project. It shall be a violation of this chapter for any person to
interfere with the obligations of a contractor under this subdivision.