§ 8-4-403 - Definitions.
               	 		
8-4-403.    Definitions.
    As used in this subchapter:
      (1)    (A)  "Abatement" means any measures or set of measures that results in the permanent elimination of lead-based paint hazards.
            (B)  "Abatement" includes, but is not limited to:
                  (i)  The  removal of lead-based paint and lead-contaminated dust, the permanent  enclosure or encapsulation of lead-based paint, the replacement of  lead-painted surfaces or fixtures, and removal or covering of  lead-contaminated soil; and
                  (ii)  All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
            (C)  Specifically, "abatement" includes, but is not limited to:
                  (i)  Projects  for which there is a written contract or other documentation that  provides that an individual or firm will be conducting activities in or  to a residential dwelling or child-occupied facility that:
                        (a)  Shall result in the permanent elimination of lead-based paint hazards; or
                        (b)  Are  designed to permanently eliminate lead-based paint hazards and are  described in subdivisions (1)(B)(i) and (ii) of this section;
                  (ii)  Projects  resulting in the permanent elimination of lead-based paint hazards  conducted by licensed consultants or contractors or individuals  certified in accordance with this subchapter, unless such projects are  covered by subdivision (1)(D) of this section;
                  (iii)  Projects  resulting in the permanent elimination of lead-based paint hazards  conducted by licensed consultants or contractors or individuals who,  through their company name or promotional literature, represent,  advertise, or hold themselves out to be in the business of performing  lead-based paint activities as identified and defined by this section,  unless such projects are covered by subdivision (1)(D) of this section;  or
                  (iv)  Projects resulting  in the permanent elimination of lead-based paint hazards that are  conducted in response to state or local abatement orders.
            (D)    (i)  "Abatement"  does not include renovations, remodeling, landscaping, or other  activities when such activities are not designed to permanently  eliminate lead-based paint hazards but, instead, are designed to repair,  restore, or remodel a given structure or dwelling, even though these  activities may incidentally result in a reduction or elimination of  lead-based paint hazards.
                  (ii)  Furthermore,  "abatement" does not include interim controls, operations, and  maintenance activities or other measures and activities designed to  temporarily but not permanently reduce lead-based paint hazards;
      (2)  "Certificate"  means a document issued by the Arkansas Department of Environmental  Quality to any individual who satisfactorily completes such training and  examination and meets any other applicable requirements established by  the department;
      (3)  "Child-occupied  facility" means a building or operation of a building constructed prior  to 1978, visited regularly by the same child six (6) years of age or  under on at least two (2) different days within any week, Sunday through  Saturday period, provided that each day's visit lasts at least three  (3) hours and the combined weekly visit lasts at least six (6) hours.  Child-occupied facilities may include, but are not limited to, daycare  centers, preschools, and kindergarten classrooms;
      (4)  "Commission" means the Arkansas Pollution Control and Ecology Commission;
      (5)  "Consultant"  means any person or other legal entity, however organized, that acts as  an agent for the owner and performs lead-based paint activities and  meets all other requirements established by the Arkansas Department of  Environmental Quality;
      (6)  "Contractor"  means a company, partnership, corporation, sole proprietorship,  association, or other business entity that performs lead-based paint  activities as an agent for the owner and meets all other requirements of  the department;
      (7)  "Department" means the Arkansas Department of Environmental Quality;
      (8)  "Director" means the Director of the Arkansas Department of Environmental Quality;
      (9)  "Inspector"  means an individual who has been trained by an accredited training  program as certified by this subchapter or the United States  Environmental Protection Agency to conduct inspections and meets all  other requirements established by the department. A certified inspector  also samples for the presence of lead in dust and soil for the purposes  of abatement clearance testing;
      (10)  "Lead-based  paint" means paint or other surface coatings that contain lead equal to  or in excess of one milligram per square centimeter (1.0 mg/cm[2]) or  more than five-tenths percent (0.5%) by weight;
      (11)  "Lead-based  paint activities" means, in the case of target housing and  child-occupied facilities, inspection, risk assessment, and abatement,  as defined in this subchapter;
      (12)  "Lead-based  paint hazard" means any condition that causes exposure to lead from  lead-contaminated dust, lead-contaminated soil, or lead-contaminated  paint that is deteriorated or present in accessible surfaces, friction  surfaces, or impact surfaces that would result in adverse human health  effects as established by TSCA Section 403;
      (13)  "License"  means a document issued by the department to a firm or training  provider that meets all applicable requirements as established by the  department;
      (14)  "Project  designer" means an individual who has been trained by an accredited  training program as certified by this subchapter or the United States  Environmental Protection Agency to plan and design or who plans and  designs abatement projects;
      (15)  "Risk  assessor" means an individual who has been trained by an accredited  training program as certified by this subchapter or the Environmental  Protection Agency to conduct risk assessments and meets all other  requirements established by the department. A risk assessor also samples  for the presence of lead in dust and soil for the purposes of abatement  clearance testing;
      (16)  "Supervisor"  means an individual who has been trained by an accredited training  program as certified by this subchapter or the United States  Environmental Protection Agency to supervise and conduct abatements and  to prepare occupant protection plans and abatement reports and meets all  other requirements established by the department;
      (17)  "Target  housing" means any housing constructed prior to 1978, except housing  for the elderly or persons with disabilities, unless any one (1) or more  children age six (6) years or under resides or is expected to reside in  such housing for the elderly or persons with disabilities, or any  zero-bedroom dwelling;
      (18)  "Training  provider" means any person or other legal entity, however organized,  that conducts courses for the purposes of certifying individuals for  purposes of this subchapter and meets all other requirements established  by the department; and
      (19)  "Worker"  means an individual who has been trained by an accredited training  program as certified by this subchapter or the United States  Environmental Protection Agency and meets to perform abatements and  meets all other requirements established by the department.