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Outline

The New York ACP9 form is a crucial document for anyone involved in asbestos-related work in the city. This form serves as an Asbestos Variance Application, allowing contractors, consultants, and property owners to request exceptions to certain asbestos regulations set by the New York City Department of Environmental Protection (DEP). To ensure compliance and safety, applicants must submit this typewritten form at least two weeks before the planned work begins. The ACP9 requires detailed information about the facility where the work will take place, the applicant's contact details, and the specific asbestos regulations from which a variance is being sought. It also asks for a clear explanation of why standard procedures cannot be followed, as well as alternative methods that will be used to maintain safety standards. Additionally, the form outlines a fee schedule based on the amount of asbestos-containing material (ACM) affected by the variance. It is essential to complete the form accurately, as any misinformation can render the variance null and void. Overall, the ACP9 form plays a vital role in managing asbestos safely, ensuring that all necessary precautions are taken before any work commences.

Sample - New York Acp9 Form

ONLY TYPEWRITTEN FORMS WILL BE ACCEPTED

 

 

 

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EPA

 

 

NYC DEPARTMENT OF ENVIRONMENTAL PROTECTION

 

 

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Asbestos Control Program

 

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59-17 Junction Boulevard, 8th Floor, Corona, NY 11368-5107

 

 

 

 

 

 

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Asbestos Variance Application

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ENTAL PR

 

 

 

 

 

 

w w w . n y c . g o v / d e p

FOR OFFICIAL USE ONLY

Variance #_____________________

Fee Paid ___________

Notification #___________________

I. FACILITY

 

 

Application must be

Address_____________________________________________ Borough ____________ Zip __________

made

at least

2

 

 

weeks

prior to

the

II. APPLICANT

 

start of work.

 

Name ___________________________________________________________

Tel # ____________________

Address _____________________________________________ City _________________________ State ______ Zip_________

Capacity: ¸Contractor ¸Consultant ¸Owner ¸Other_________________ Contact Person ______________________

Ill. SPECIFY ALL NYC DEP OR NYS DOL (ICR56) ASBESTOS RULE PROVISIONS FROM WHICH A VARIANCE IS REQUESTED

________________________________________________________________________________________________________

________________________________________________________________________________________________________

SPECIFY FLOORS AND/OR AREAS WHERE WORK INVOLVING THIS VARIANCE IS TO OCCUR

________________________________________________________________________________________________________

_________________________________________________________________________________________________________

REASONS FOR REQUEST AND DESCRIPTION FOR PROPOSED ACTION (ATTACHMENT(S) SHALL BE SUBMITTED IN TRIPLICATE)

Explain why the procedures required by Title 15, Chapter 1 of the Rules of the City of New York (RCNY) and/or Part 56 of Title 12 of New York Codes, Rules and Regulations (Subparts 56-4 through 56-17) cannot be used. (Attach ADDITIONAL Sheets)

State the alternative procedures that will be employed to satisfy each requirement as modified. (Attach ADDITIONAL Sheets)

Provide color coded drawings identifying work area(s) and location of decontamination enclosure system(s).

IV. FEE SCHEDULE

 

 

 

 

0

Amount of ACM affected by this variance: _______ square feet + _______ linear feet = Total Amount of ACM _________ feet

 

 

 

 

 

 

 

If total amount of ACM

If total amount of ACM

 

 

 

is less than 5000 feet:

Is 5000 feet or more:

See Section 1-03(e)

Seven day notification period waiver

 

$300

$400

First sub-section (per category)

 

$400

$600

of the NYCDEP

Each additional sub-section (per category)

 

$200

$300

Asbestos Rules for

 

 

 

 

category definitions.

Maximum fee

 

$1200

$1800

 

 

Enter applicable fee based on schedule above

 

Total Fees $___________________

V.I hereby declare that the information provided herein and in any and all accompanying attachments is true and complete to the best of my knowledge. I understand that failure to comply with conditions set forth by the Department in an approval of the application shall render this variance null and void.

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Print Name of Owner

 

Print Name of Applicant (If not owner)

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Signature of Owner

Date

Signature of Applicant

Date

Work involving a variance may not commence prior to the receipt of the Department’s approval of the application. Any violation of the terms of any variance issued pursuant to Title 15, Chapter 1 of the RCNY Section 1-03 is considered a violation of the lettered subdivision modified by the variance.

ACP9 2/2001

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Form Information

Fact Name Details
Form Purpose The ACP9 form is used to apply for an asbestos variance in New York City.
Submission Deadline Applications must be submitted at least two weeks before the work starts.
Governing Laws The form is governed by Title 15, Chapter 1 of the Rules of the City of New York and Part 56 of Title 12 of New York Codes, Rules and Regulations.
Fee Structure Fees range from $300 to $1800 depending on the amount of asbestos and type of variance requested.
Facility Information Applicants must provide the facility's address and borough where the work will occur.
Applicant Details Applicants must include their name, contact number, and address on the form.
Work Restrictions Work cannot begin until the Department approves the variance application.
Compliance Statement Applicants must declare that all information provided is accurate and complete.

Detailed Guide for Filling Out New York Acp9

Filling out the New York ACP9 form requires careful attention to detail. Once completed, this form will be submitted to the New York City Department of Environmental Protection for review. Be sure to gather all necessary information and documents before starting, as this will streamline the process.

  1. Obtain a typewritten copy of the ACP9 form. Handwritten forms will not be accepted.
  2. Fill out the Facility section with the address of the location where the work will take place. Include the borough and zip code.
  3. In the Applicant section, provide your name, telephone number, and address. Specify your capacity (e.g., contractor, consultant, owner) and the contact person.
  4. Specify all relevant NYC DEP or NYS DOL asbestos rule provisions from which you are requesting a variance. Include detailed information about the floors and/or areas where the work will occur.
  5. In the Reasons for Request section, explain why the required procedures cannot be used. Attach additional sheets if necessary. Describe the alternative procedures that will be implemented.
  6. Provide color-coded drawings that identify the work area(s) and the location of decontamination enclosure systems.
  7. Complete the Fee Schedule section by calculating the total amount of asbestos-containing material (ACM) affected. Determine the applicable fees based on the total amount of ACM and complete the total fees section.
  8. In the declaration section, print the names of the owner and applicant (if not the owner). Sign and date the form in the designated areas.
  9. Review the completed form for accuracy and completeness before submission.

Once the form is filled out, it must be submitted to the Department of Environmental Protection at the address listed on the form. Remember that work involving a variance cannot begin until you receive approval from the Department.

Obtain Answers on New York Acp9

  1. What is the purpose of the New York ACP9 form?

    The New York ACP9 form is used to apply for a variance from specific asbestos regulations set forth by the NYC Department of Environmental Protection (DEP). This form allows applicants to request permission to deviate from standard asbestos handling procedures under certain circumstances.

  2. Who needs to fill out the ACP9 form?

    Individuals or entities involved in construction, renovation, or demolition projects that may disturb asbestos-containing materials must complete this form. This includes contractors, consultants, and property owners. The application must be submitted at least two weeks before the planned start of work.

  3. What information is required on the ACP9 form?

    The form requires detailed information about the facility, the applicant, and the specific asbestos regulations from which a variance is being requested. Applicants must also provide reasons for the request, describe proposed actions, and include any relevant attachments.

  4. What are the fees associated with the ACP9 form?

    The fee structure depends on the amount of asbestos-containing material (ACM) affected by the variance. If the total ACM is less than 5,000 square feet, the fee is $300 for a seven-day notification period waiver. For amounts of 5,000 square feet or more, the fee is $400. Additional fees apply based on the number of sub-sections of the NYCDEP asbestos rules involved.

  5. What happens if the application is not approved?

    Work involving a variance may not commence until the Department approves the application. If the application is denied, the applicant must adhere to the standard asbestos handling procedures as outlined in the regulations.

  6. What should I do if my application is approved?

    Once the application is approved, the applicant must comply with all conditions set forth in the variance. Any violation of these terms will render the variance null and void, and work must cease until compliance is achieved.

  7. How can I submit the ACP9 form?

    The ACP9 form must be completed in a typewritten format and submitted to the NYC Department of Environmental Protection at the specified address: 59-17 Junction Boulevard, 8th Floor, Corona, NY 11368-5107. Ensure that all sections of the form are filled out accurately before submission.

  8. Where can I find more information about asbestos regulations?

    For additional details regarding asbestos regulations and the ACP9 form, visit the NYC DEP website at www.nyc.gov/dep. This site provides comprehensive information on the Asbestos Control Program and related guidelines.

Common mistakes

Filling out the New York ACP9 form can be a straightforward process, but many applicants make common mistakes that can lead to delays or denials. One significant error is failing to submit the form in a typewritten format. The instructions clearly state that only typewritten forms will be accepted. Handwritten submissions are not permissible and will result in automatic rejection.

Another frequent mistake is not providing sufficient detail in the sections that specify the provisions from which a variance is requested. Applicants often leave these sections blank or provide vague descriptions. It is crucial to clearly outline the specific rules being waived and to explain why the standard procedures cannot be followed.

Inadequate documentation is another pitfall. The form requires attachments in triplicate, including detailed explanations and drawings. Some applicants neglect to include these necessary documents, which can lead to processing delays. Providing thorough and complete attachments is essential for a successful application.

Additionally, applicants sometimes miscalculate the amount of asbestos-containing material (ACM) affected by the variance. It is vital to accurately measure and report both square and linear feet. Mistakes in this calculation can lead to incorrect fee assessments and may affect the approval process.

Another mistake is submitting the application without ensuring that all required signatures are present. Both the owner and the applicant must sign the form, and missing signatures can halt the process. Double-checking for complete signatures before submission can save time and effort.

Moreover, some individuals fail to pay the correct fee based on the amount of ACM. The fee structure is tiered, depending on whether the total amount is less than or greater than 5,000 feet. Misunderstanding this structure can lead to underpayment or overpayment, complicating the application process.

Lastly, applicants often overlook the timeline for submission. The form must be submitted at least two weeks prior to the start of work. Last-minute submissions can lead to rushed applications and increased chances of errors. Planning ahead is essential to ensure compliance with this requirement.

By being aware of these common mistakes, applicants can improve their chances of successfully obtaining a variance through the New York ACP9 form. Attention to detail and thorough preparation are key components of a successful application process.

Documents used along the form

The New York ACP9 form is a critical document for those seeking a variance related to asbestos control. However, it is often accompanied by several other forms and documents that help facilitate the application process. Here’s a brief overview of some of these important documents.

  • Asbestos Notification Form: This form is used to notify the Department of Environmental Protection (DEP) about upcoming asbestos work. It ensures that the agency is aware of any potential hazards and can take necessary precautions.
  • Asbestos Project Plan: This document outlines the specific details of the asbestos project, including the methods to be used for removal or encapsulation. It provides a clear plan to ensure safety and compliance with regulations.
  • Air Monitoring Plan: This plan details how air quality will be monitored during the asbestos removal process. It is essential for protecting workers and the public from airborne asbestos fibers.
  • Waste Disposal Plan: This document describes how asbestos waste will be handled and disposed of. Proper disposal is critical to prevent environmental contamination.
  • Training Certificates: These certificates prove that workers involved in the asbestos project have received the necessary training. They help ensure that all personnel are equipped to handle asbestos safely.
  • Insurance Documentation: Proof of insurance is required to cover any potential liabilities associated with asbestos work. This protects both the contractor and the property owner.
  • Site Safety Plan: This plan outlines the safety measures that will be implemented during the project. It aims to minimize risks to workers and the surrounding community.
  • Environmental Impact Assessment: This assessment evaluates the potential effects of the asbestos project on the environment. It is often required for compliance with local and state regulations.

These documents work together with the ACP9 form to ensure that asbestos-related work is conducted safely and in compliance with the law. Proper preparation and submission of these forms can significantly streamline the approval process and help mitigate risks associated with asbestos exposure.

Similar forms

The New York ACP9 form is a crucial document used in the Asbestos Control Program, specifically for requesting variances related to asbestos work. Several other documents share similarities with the ACP9 form in terms of purpose, structure, and the information required. Here are seven such documents:

  • NYC DEP Asbestos Notification Form: This form is used to notify the New York City Department of Environmental Protection about asbestos-related work. Like the ACP9, it requires detailed information about the work site, the type of asbestos involved, and the contractor's contact information.
  • NYS DOL Asbestos Project Notification Form: Similar to the ACP9, this form is submitted to the New York State Department of Labor. It serves to inform authorities about upcoming asbestos projects and requires specifics about the location and nature of the work.
  • Asbestos Abatement Plan: This document outlines the procedures and safety measures to be taken during asbestos removal. Like the ACP9, it necessitates a detailed description of the work, including the areas affected and the methods to be employed.
  • Asbestos Disposal Manifest: Used to track the disposal of asbestos waste, this document shares the ACP9's focus on compliance with regulations. It requires details about the amount of asbestos being disposed of and the disposal site.
  • Environmental Assessment Report: This report evaluates the environmental impact of proposed asbestos work. It resembles the ACP9 in that both documents require a thorough explanation of the work to be conducted and the potential risks involved.
  • Variance Application for Other Environmental Regulations: This type of application may be required for various environmental issues, similar to the ACP9's purpose. It seeks permission to deviate from standard regulations and includes similar information about the applicant and the reasons for the variance.
  • Construction Permit Application: This document is required for construction projects and often includes sections similar to the ACP9. It necessitates information about the project, including timelines, contact details, and compliance with safety regulations.

Each of these documents plays a vital role in ensuring that asbestos-related work is conducted safely and in compliance with local and state regulations. Understanding their similarities can help streamline the process for those involved in asbestos management and abatement.

Dos and Don'ts

When filling out the New York ACP9 form, attention to detail is crucial. Here are five important dos and don’ts to keep in mind:

  • Do ensure that the form is typed. Handwritten submissions will not be accepted.
  • Do submit your application at least two weeks before the start of the work.
  • Do provide accurate and complete information in all sections of the form.
  • Do attach any required documents in triplicate, as specified in the instructions.
  • Do check the fee schedule carefully to ensure that you include the correct payment amount.
  • Don't forget to sign and date the form. Missing signatures can delay the process.
  • Don't submit incomplete applications. Review all sections to ensure nothing is left blank.
  • Don't ignore the instructions regarding the alternative procedures. Clearly explain why standard procedures cannot be followed.
  • Don't underestimate the importance of color-coded drawings. They are essential for identifying work areas.
  • Don't assume that your application will be approved without following all guidelines. Compliance is key.

Misconceptions

Understanding the New York ACP9 form is crucial for anyone involved in asbestos management. However, several misconceptions can lead to confusion. Here are four common misconceptions:

  • Only contractors can apply for a variance. Many believe that only contractors can submit the ACP9 form. In reality, anyone with the appropriate capacity, including owners and consultants, can apply. This broadens the opportunity for various stakeholders to manage asbestos-related work effectively.
  • Applications can be submitted at any time. Some individuals think they can submit the ACP9 form whenever they wish. However, the application must be made at least two weeks prior to the start of any work. This timeline is crucial for ensuring that all necessary reviews and approvals can take place.
  • Fees are fixed regardless of the project size. There is a misconception that the fees associated with the ACP9 form are uniform. In fact, the fees vary based on the amount of asbestos-containing material (ACM) affected. Projects involving less than 5,000 square feet of ACM incur different fees than those affecting 5,000 square feet or more.
  • Work can begin immediately after submitting the application. Some may think that submitting the ACP9 form allows them to start work right away. This is incorrect. Work involving a variance cannot commence until the Department of Environmental Protection has approved the application. Starting work before receiving this approval can lead to significant penalties.

Key takeaways

When filling out the New York ACP9 form, keep these key takeaways in mind:

  • Typewritten Forms Only: Ensure that your application is typed. Handwritten forms will not be accepted.
  • Submit in Advance: Submit your application at least two weeks before the planned start date of the work.
  • Complete Information: Fill out all required fields, including the facility address, applicant details, and contact information.
  • Specify Variance Requests: Clearly specify the NYC DEP or NYS DOL asbestos rule provisions from which you are requesting a variance.
  • Detailed Attachments: Attach detailed explanations and drawings that illustrate the work area and decontamination systems. Submit these in triplicate.
  • Understand Fee Structure: Be aware of the fee schedule based on the amount of asbestos-containing material (ACM) affected. Ensure you calculate the total fees accurately.

Adhering to these guidelines will help streamline the application process and avoid unnecessary delays.