Effective Building Site and Pollution Issues with AsbestosBy Darren Riding. AKA. – WATCHDOG…

WASTE AUDITSBackground

Source Site and Dump Site Protection of the Environment Operations

Act sections 143 and 144 Environment Planning and Assessment

Act sections 76,76A and 76B Possible Offenders/Situations. Owners of the waste - Source Site Transporter of the waste Location of Depositing of waste

How to tackle the Situation ?

EDUCATIONPrevention – Start at the Source

Site

Where is the Source Site WORKCOVER

Notification of Asbestos Demolition Work

Council (DA) or Private Certifier (CDC) Notification of Development Site

What Happens if there is problems at the source site

CONTRACTOR OWNER BUILDER

Who Can be InvolvedCONTRACTOR SITE Workcover EPA Council

OWNER/BUILDER SITE EPA Council Workcover ?

WHAT HAPPENS IF THERE IS ASBESTOS

INVOLVED ?What avenues are open ?

What is ASBESTOSBONDED ASBESTOS FRIABLE ASBESTOS Asbestos fibres that

are bonded in a base material. Typically this is a cement type material or a plastic membrane.

White (Chrysotile) Brown (Amosite)

Any material that contains Asbestos in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.

Blue (Crocidolite)

BONDED ASBESTOS FRIABLE ASBESTOS

When does Bonded material become Friable ?

When bonded material becomes extensively damaged by fire it may become friable.

Water blasting Asbestos cement will cause fibres to become liberated.

Extensive hail damage may cause the sheeting to become friable.

Where weathering has caused the substrate to break down and the bonded material can be crushed by hand.

Mechanical damage has crushed the bonded matrix to powder.

BEFORE OR DURING A FIRE

AFTER A FIRE

BEFORE A FIRE AFTER A FIRE

Why is Asbestos Dangerous ?

Concerns with ASBESTOS on Demolition Sites

BONDED ASBESTOS IN SOIL Bonded Asbestos in soil to be treated as

bonded material and can be cleaned by a bonded licenced operator.

If bonded material has been reduced to powder, can be crumbled by hand or there are free fibre bundles detected in the soil then the soil is treated as having Friable Asbestos in the soil.

Friable Asbestos in the soil has to be removed by a Friable Licensed Contractor.

Examples

Asbestos cement sheeting fragments on the ground surfaces within the subfloor of thebuilding

Dust containing asbestos cement sheeting fragments on the upper surfaces of the timberframework

Examples The asbestos assessment of the site has identified scattered fragments of AC to building rubble piles in the front yard, grassed areas in the front yard, within and below the partially demolished residential house, grassed areas down both sides of the residential house, to the building rubble pile at the rear of the house and remaining asbestos cement sheeting to the internal main bathroom, internal kitchen and gable wall sheeting on both ends of the residential house.

One bulk asbestos cement fragment from the front yard building rubble pile returned positive for asbestos, while one bulk asbestos cement fragment returned negative from the rear yard building rubble pile. Soil sampling carried out for asbestos fibres did not return any results,

However, due to the wide spread contamination of asbestos cement fragments from previous demolition works outside and inside the residential house, the contamination should be deemed as friable from an asbestos risk management perspective and associated asbestos remediation activities. However the full vertical extent to the soil is not known and further investigation maybe be required.

What options are available if the whole ground is full of ASBESTOSWHEN CAN YOU LEAVE ASBESTOS MATERIAL IN THE SOIL

When can you leave Asbestos Material in the soil

There is no legal requirement to remove insitu Asbestos

Depending on the final use of a site, it may be feasible to leave the material in situ.

On sensitive sites such as schools and Hospitals all Asbestos material should be removed.

If Asbestos material is left in place after a redevelopment Approval from the Appropriate Regulatory Authority needs to be obtained.

Example

Overseas Developer bought an old Pottery production site.

Site was full of Asbestos throughout the ground from the old kilm

Wanted to develop site for townhouses.

Selling Points – Waterfrontage to smelly drainage easement, 24 hour views to Motorway with heavy traffic noise.

The Winning option – Local Council has new reserve.

DUMP SITEClick icon to add picture

Contractors try to cover up Illegal Dumps

BURY OR MIX ASBESTOS IN LANDFILL BURN ASBESTOS WASTE

Example of Contractor Location Road, Wallacia ****************************** POI: N K @ N T D.O.B: 20/09/1969 ADD 1: , Bass Hill ADD 2: , Constitution Hill CHARGES: PCA, Steal Motor Vehicle, Cargo theft, Assault, Traffic INTELL: People smuggling, Firearms, Cargo theft x 7, B,E&S x 8, ******************************* Occupants: L Family Firearm Holder: B P L D.O.B: 01/01/1956 Firearms: 1 x Single barrel shotgun and 1 x .22 Rifle. Safe audit conducted and passed on 13th March 2013. ******************************* Police have recently received information about the mentioned POI dumping asbestos at the

above location. The information obtained shows the POI is charging $1,000 per load of asbestos taken and dumped at the above location.

In September 2013, the POI was involved in an GBH assault on two persons at the above mentioned location.

This information has been passed onto Mr Darren RIDING from Regional Illegal Dumping Squad who are aware of the POI and the location.

Appropriate ARAIf Investigating a matter, ensure the Appropriate Authority

is investigating the matter

OPTIONS DEALING WITH THESE MATTERS

LEGAL OPTIONS Warnings Fines Court Matters

REMEDIATION OPTIONS

Clean Up Notices Prevention Notices Orders

Clean Up and Prevention Notices

REQUIREMENTS OF CLEAN UP/PREVENTION NOTICE: As an Authorised Officer of-------------, I direct you to take

the following clean-up / prevention actions:

Install and Maintain Soil and Sedimentation Erosion Control Devices (in accordance to the Blue Book Forth Edition Published by LANDCOM) around the entire development site which has not been undertaken.

Install a suitable Stabilised Site Access (in accordance to the Blue Book Forth Edition Published by LANDCOM).

Ensure the site is fully enclosed with a 1.8m high security fence around the entire development site which has not been undertaken including approved dust control netting.

Additionally to the above, with the removal of all demolition material from-----------------------, Engage the services of a Suitable Qualified Company or persons to undertake and submit full reports of the material within the premise.

These reports are to include but not limited to: Hygienist Report (HR) (AS 1199.2-2003, ISO 2859-2:1985) prior and

after removal this to include the entire ground surface and possible underlining surfaces. Asbestos Removal Control Plan

Asbestos Classification and Risk Assessment

Asbestos Air Monitoring and Clearance Inspection

Buried Asbestos Materials (Unexpected Finds Protocols)

Environment Impact Study (EIS)Environment Management Plan (EMP) Waste Management Plan (WMP) including locations and method of

disposal. Waste Data File (WDF) including all receipts and vehicle movement

from the premise. These reports have to be submitted to ------------Council in which approval of

these reports have to be obtained from -------------Council prior to any material being removed from the premise. Once approved copies are to be left at the premise during the removal of all material.

Once approval is obtained from ------------Council of all reports, remove all waste/sedimentation/ fuel and or liquid substances from the property/ies

 All waste/sedimentation/ fuel and or liquid substances to be conveyed to approved waste facilities in which receipts for each load are to be obtained in which a copy is to be attached to the Waste Data File for inspection at any time by an Authorised Officer.

Additionally copies of all receipts for the disposal of the waste/sedimentation/ fuel and or liquid substances from the waste facility to be forwarded within 7 days of the waste/sedimentation/ fuel and or liquid substances been taken to the waste facilities.

All work on or around------------------, are to be undertaken during approved working hours approved by --------------------------Council.

Any work requiring Approved Development Applications are to be sought and approved prior to any of the work to be undertaken.

Care shall be taken in the method of excavation of the waste material from the premises thereof to ensure the topography of the land remain in the profile and the general condition in which they were before the waste material was placed on the premises and to prevention the flow of dust and small particles into neighbour properties and the public road reserve.

Remove all waste/sedimentation/ and or liquid substances from the road, gutter, drains, storm water network and creeks/streams surrounding the properties at-------------------------------------------------.

Ensure the road, gutter, drains, storm water network and creeks/streams within and surrounding the properties ----------------------are clean and free of waste/sedimentation/ fuel and or liquid substances.

The removal of the all the above mentioned from ------------------------are to be completed by----------------.

If you have not complied with the requirements of this Notice by the required date, you still have a continuing obligation to comply with this Notice after that date (subject to revocation or variation of this Notice by-------------------------------------)

ORDERS TERMS OF ORDER 12  Section 121B Environmental Planning & Assessment Act 1979   Order 12 (b): To do such things as are specified in the order to restore premises to the condition in which they were before building

was unlawfully erected or before work was unlawfully carried out. Work has been unlawfully carried out.   Terms of Order    Submit a report from a suitably qualified person detailing the extent of filling on the site. This report is to detail the

previous and current ground levels.    Timeframe Thirty (30) days from the date of the Order     Submit a report from a suitably qualified person or company attesting to the type of material contained within the

unauthorised landfill throughout the whole of the premises including the identification of any contaminants found.

The report must meet the AS 1199.2-2003 and ISO2859-2:1985 Standards.

The report must also stipulate how the site is to be remediated including the entire ground surface and possible underlining surfaces as well as Unexpected Finds Protocols.

  Timeframe  Thirty (30) days from the date of the Order     REASON FOR ORDER   The unauthorised fill material has the ability to impact on the property, surrounding properties and the environment by the way of

altered drainage patterns (flooding), possible land contamination and water pollution from unestablished soil.   The report is required in compliance pursuant to Work, Health and safety Standards and Environmental Standards to ensure safety

and possible environment concerns not just for yourself but your family, contractors and the surrounding neighbours.   From the report it will establish the manner in which the unauthorised land fill is to be removed and where the appropriate location

or facility of that material can be properly disposed of.

   

Hygienist Report Independent NATA

Certified/Qualified Person of Company

Sampling Undertaken

Not by Company Undertaking Work to remove waste

Not just visual site Inspection

End Results Safer Work sites Ease of

neighbouring residents concerns

Limited media concerns

Reduced Politician or Councillor Concerns

Contractors on Notice

Information Available

Two Telephone Numbers to Remember

131050 131555

Qui Dederit Cacas

QUESTIONS