236.9 Asbestos Abatement-Removal of Building Improvement

Key Points

Forms

Required Disclaimer Language When Inspection Reveals Presence of Asbestos Containing Material (ACM) (Form 236.9.1.1)

236.9.1 Introduction

236.9.1.1 Removal of Building Improvements from Right of Way and Easements By Owner

Situation No. 1A Intact Removal By Owner

These instructions apply when the building owner elects to retain possession of the building improvement and intends to remove it, intact, from the right of way or easement area. Missouri Department of Transportation (MoDOT) does not take possession of the building improvement.

1. MoDOT will not perform an asbestos inspection and will not provide verification as to the presence, or absence, of asbestos containing material (ACM).
2. The owner of the building is obligated to remove all components of the building to the foundation level, including those components suspended from the main level sub-floor structure. The primary components of the building must be removed intact, together as a whole structure.
3. Removal of the building improvement from the right of way or easement must be performed in accordance with all federal, state and local law.
4. MoDOT is not required to notify the Department of Natural Resources (DNR) of the building owner's intent to remove the building improvement from the right of way or easement area.

Situation No. 1B Demolition and Salvage By Owner

These instructions apply when the building owner elects to retain possession of the building improvement and intends to demolish it for salvage purposes. MoDOT does not take possession of the building improvement.

1. MoDOT will not perform as asbestos inspection and will not provide verification as to the presence, or absence, of ACM.
2. The building owner must remove all friable and non-friable Category II ACM prior to demolition. The building owner must then remove all remaining building components to the foundation level, including those components suspended from the main level sub-floor structure.

In this situation, the building owner is responsible for compliance with all federal, state and local law pertaining to asbestos, including notification to DNR.

Situation No. 2A Intact Removal or Demolition By Third Party Buyer, ACM less than 10 Square Feet or 16 Linear Feet

These instructions apply when building owner declines to retain it. MoDOT then takes possession of the building improvement with intentions to resell it. The district right of way manager requests, through district design, an inspection of the building improvement, stipulating that non-destructive sampling methods be employed. If inspection and sampling reveal that:

1. ACM is not present or consists of less than 10 square feet, or 16 linear feet, friable or non-friable Category II ACM.
2. The building improvement is offered for sale.
3. The sales agreement shall include the appropriate disclaimer regarding ACM, use Form 236.9.1.1.
4. The buyer of the building is obligated to remove all components of the building to the foundation level, including those components suspended from the main level sub-floor structure.
5. Removal of the building from the right of way or easement area must be performed in accordance with all federal, state and local law.
6. MoDOT is not required to notify DNR of intent to remove the building improvement from the right of way or easement area.

Situation No. 2B Intact Removal By Third-Party Buyer, ACM Present in Quantity at, or above, 10 Square Feet or 16 Linear Feet

These instructions apply when building owner declines to retain it. MoDOT then takes possession of the building improvement with intentions to resell it. The district right of way manager requests, through district design, an inspection of the building improvement, stipulating that non-destructive sampling methods be employed. Also, there should be no apparent reason why the building improvement cannot be removed intact. If inspection and sampling reveal that:

1. ACM is present in quantity equal to or greater than 10 square feet, or 16 linear feet, of friable or non-friable Category II ACM.
2. The building improvement is offered for sale.
3. The sales agreement shall include the appropriate disclaimer regarding ACM, use Form 236.9.1.1.
4. The buyer of the building improvement is obligated to remove all components of the building to the foundation level, including those components suspended from the main level sub-floor structure. The primary components of the building must be removed, intact, together as a whole structure.
5. Removal of the building from the right of way or easement area must be performed in accordance with all federal, state and local law.
6. ) MoDOT is not required to notify DNR of intent to remove the building improvement from the right of way or easement area.

Situation No. 2C Demolition and Salvage By Third-Party Buyers After ACM Abatement

These instructions apply when building owner declines to retain it. MoDOT then takes possession of the building improvement with intentions to resell it. The district right of way manager requests, through district design, an inspection of the building improvement, stipulating that non-destructive sampling methods be employed. If inspection and sampling reveal that:

1. ACM is present in quantity equal to or greater than 10 square feet, or 16 linear feet, of friable or non-friable Category II ACM.
2. At this point, if it is not considered feasible to remove the building improvement from the right of way or easement area without releasing ACM. but it is feasible to sell the improvement at public sale for salvage, the Design Division will prepare an abatement contract to remove friable and non-friable Category II ACM prior to resale of the improvement. The abatement contractor is responsible for DNR notification as part of the abatement contract.
3. After abatement of ACM, the building improvement can be offered for sale.
4. The sales agreement shall include the appropriate disclaimer regarding ACM, use Form 236.9.1.1.
5. The buyer of the building is obligated to remove all remaining components of the building to the foundation level, including those components suspended from the main level sub-floor structure.
6. Removal of the building from the right of way or easement area must be performed in accordance with all federal, state and local law.
7. MoDOT is not required to notify DNR of intent to remove the remaining building components from the right of way or easement area.

Situation No. 3 Necessity of Demolition is Immediately Recognized. Resale of Building Improvement is Not an Option.

236.9.1.2 MoDOT takes possession of building improvement and demolition is required

When MoDOT takes possession of building improvement and demolition is required:

1. The district right of way manager requests an asbestos inspection of the building improvement with appropriate sampling methods.
2. The Design Division prepares the demolition contracts, including asbestos abatement, if quantities are equal to or greater than 10 square feet or 16 linear feet of friable or non-friable Category II ACM, based on the inspection. The abatement contractor is responsible for DNR notification as part of the abatement contract.