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The New York ACP9 form is a critical document for those seeking a variance from specific asbestos regulations within the city. It serves as an application for permission to deviate from certain provisions outlined by the New York City Department of Environmental Protection (NYC DEP) and the New York State Department of Labor. The form requires detailed information about the facility where the work will occur, including the address and the specific areas impacted. Applicants must identify the asbestos rule provisions from which they seek relief and provide a rationale for their request. This includes a description of the proposed actions and alternative procedures that will be implemented. The application must be submitted at least two weeks prior to the intended start date of the work. Additionally, there is a fee schedule based on the amount of asbestos-containing material (ACM) involved, which varies depending on whether the total amount is below or above 5,000 square feet. The form also mandates that all information provided is accurate and complete, as any failure to comply with the approval conditions can render the variance null and void. By understanding the requirements and implications of the ACP9 form, individuals and organizations can better navigate the regulatory landscape surrounding asbestos management in New York City.

Preview - New York Acp9 Form

ONLY TYPEWRITTEN FORMS WILL BE ACCEPTED

 

 

 

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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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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 Characteristics

Fact Name Fact Description
Form Purpose The ACP9 form is used to apply for a variance related to asbestos control in New York City.
Governing Laws This 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.
Submission Timeline Applications must be submitted at least two weeks prior to the start of work involving asbestos.
Fee Structure Fees vary based on the amount of asbestos-containing material (ACM) affected, with a maximum fee ranging from $1,200 to $1,800.
Notification Requirement A seven-day notification period waiver is available for specific fee amounts based on ACM quantity.
Applicant Information Applicants must provide their name, contact information, and capacity (e.g., contractor, consultant, owner).
Work Commencement No work involving a variance may begin until the Department approves the application.
Attachments Required Applicants must submit color-coded drawings and additional sheets detailing alternative procedures and work areas.
False Information Penalty Providing false information on the application may render the variance null and void.
Contact Information The form includes a contact section for the applicant and owner, requiring signatures and dates for validation.
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