Effective building site and pollution issues with asbestos

By Darren Riding. AKA. – WATCHDOG…

 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

Prevention – Start at the Source Site

 WORKCOVER
Notification of
Asbestos Demolition
Work
 Council (DA) or
Private Certifier
(CDC) Notification of
Development Site

CONTRACTOR SITE
 Workcover
 EPA
 Council
OWNER/BUILDER SITE
 EPA
 Council
 Workcover ?

BONDED 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 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

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.

Asbestos cement
sheeting fragments on
the ground surfaces
within the subfloor of
the
building
Dust containing asbestos
cement sheeting fragments on
the upper surfaces of the timber
framework

 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.

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.

BURY OR MIX ASBESTOS
IN LANDFILL BURN ASBESTOS WASTE

 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.

If Investigating a matter, ensure the Appropriate Authority is
investigating the matter

 LEGAL OPTIONS
 Warnings
 Fines
 Court Matters
 REMEDIATION
OPTIONS
 Clean Up Notices
 Prevention Notices
 Orders

 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---------
----------------------------)

 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.

 Independent NATA
Certified/Qualified
Person of Company
 Sampling Undertaken
 Not by Company
Undertaking Work to
remove waste
 Not just visual site
Inspection

 Safer Work sites
 Ease of neighbouring
residents concerns
 Limited media
concerns
 Reduced Politician or
Councillor Concerns
 Contractors on Notice

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