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NYS Asbestos CR56

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12 NYCRR 56 Subpart 12, Page 112 SUBPART 56-12 MISCELLANEOUS 56-12.1 Severability. If any provision of this Part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Part which can be given effect without the valid provisions or applications and to this end the provisions of this Part are declared to be severable. 56-12.2 Variances. The failure by any person or entity performing work on or in connection with an asbestos project, to comply with the terms and conditions of any general or specific variance issued pursuant to Article 2, Section 30 of the Labor Law, from this Part, Article 30 of the Labor Law, or any other applicable statutes, rules or regulations, shall constitute a violation of this Section and shall render the variance itself null and void in regard to such project. Non-refundable fees for variance processing shall be set forth in Article 2, Section 30 of the Labor Law. 56-12.3 Applicable Variances (AVs). Notice of issuance of applicable variances under this Part, Article 30 of the Labor Law or other applicable Sections of State law, shall be published in the State Register and indexed by subject matter and number. Single copies of such variances may be obtained from the local district office of the Asbestos Control Bureau. 56-12.4 Right of Entry. The Commissioner or officers and employees of the Department shall at any time, from commencement to completion of any asbestos project, have the right to enter any part of such project, or at any time for complaint investigation. Refusal to permit such entry may result in application of appropriate penalties set forth in statute and code including enjoining further work on the project.

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