MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 6-400 - REQUIREMENTS FOR USE OR SALE OF ASBESTOS-CONTAINING SERPENTINE MATERIAL

(a) REQUIREMENTS:

  1. No person shall sell, offer for sale, or supply serpentine material for surfacing in California unless the serpentine material has been tested using ARB Test Method 435 and determined to have an asbestos content of one percent (1%) or less. Any person who sells, supplies, or offers for sale serpentine material that he or she represents, either orally or in writing, to be suitable for surfacing or to have an asbestos content that is one percent (1%) or less, shall provide to each purchaser or person receiving the serpentine material a written receipt which specifies the following information: the amount of serpentine material sold or supplied; the dates that the serpentine material was produced, sampled, tested, and supplied or sold; and the asbestos content of the serpentine material as measured by ARB Test Method 435. A copy of the receipt must remain with the serpentine material at all times during transit and surfacing.
  2. Any person who sells, offers for sale, or supplies serpentine material, shall retain for a period of at least seven years from the date of sale or supply, copies of all receipts and copies of any analytical test results from asbestos testing of the serpentine material. Any such person shall provide all receipts and test results to the Air Pollution Control Officer or his designated representative for review upon request.
  3. Any person who sells, supplies, or offers for sale serpentine material for use in California shall provide with each sale or supply a written receipt containing the following statement:
       
      "Serpentine material may have an asbestos content greater than one percent (1%). It is unlawful to use serpentine material for surfacing unless the material has been tested and found to contain less than or equal to one percent (1%) asbestos. Inhalation of asbestos fibers presents a risk of contracting cancer." 
       
  4. No person shall use or apply serpentine material for surfacing in California unless the material has been tested using ARB Test Method 435 and determined to have an asbestos content of one percent (1%) or less. Any person who uses or applies serpentine material shall retain written receipts or other records documenting the asbestos content, for a period of at least seven years from the date of use or application. The written receipt shall be provided to the Air Pollution Control Officer or his designated representative for review upon request.

(b) EXEMPTIONS:

  1. The provisions of Rule 6-400 (a)(1) through (a)(3) shall not apply to sand and gravel operations.
  2. The provisions of subdivision (a)(4) of Rule 6-400 shall not apply to roads located at serpentine quarries, asbestos mines, or mines located in serpentine deposits.
  3. The provisions of subdivision (a)(4) shall not apply to maintenance operations on any existing road surfaces, or to the construction of new roads, in serpentine deposits, as long as no additional asbestos-containing serpentine material is applied to the road surface.
  4. Emergency Road Repairs: The air pollution control officer may issue a temporary exemption from the requirements of subdivision (a)(4) to an applicant who demonstrates that a road repair is necessary due to a landslide, flood, or other emergency and that the use of material other than serpentine is not feasible for this repair. The air pollution control officer shall specify the time during which such exemption shall be effective, provided that no exemption shall remain in effect longer than six (6) months.
  5. Asphalt, Bituminous Concrete and other Concrete Materials: The provisions of subdivision (a) of Rule 6-400 shall not apply to serpentine material that is an integral part of asphalt concrete, portland cement concrete, bituminous concrete or other surfacing materials, or other similar cementicious materials which by their nature render the asbestos immobile under the conditions of use.
  6. Landfill Operations:The provisions of subdivision (a)(4) shall not apply to landfill operations other than the surfacing of public-access roads dedicated to use by vehicular traffic.