Assessment and Management of Asbestos Contaminated Land following Removal and Illegal Dumping Activities

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1 Assessment and Management of Asbestos Contaminated Land following Removal and Illegal Dumping Activities Environmental Health Hazards Unit Toxicology

2 Issues Increasing burden of work is associated with demolition, removal and dumping activities. Increased development in Metro locations Deteriorating condition of in situ asbestos building products Presents a risk to public and source of considerable community concern and anxiety Finding contamination Purchasing property with MOT

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4 Issues demolition/removal Asbestos cement material in soil has been found before demolition works begin During preparation of asbestos removal plans After the removal of asbestos-containing materials/demolition of residential and commercial buildings

5 Contaminated Sites Sites reported under the Contaminated Sites Act 2003 Asbestos contaminated sites may arise from potential non-compliances with existing legislation and control measures Inadequate or incomplete clean-up following asbestos removal/demolition work Illegal dumping Historical land use/fill Uncontrolled fill material

6 Issues Contaminated Sites Works performed on sites between identification of asbestos cement material and final Remediation and Validation After asbestos contamination is found in initial investigations earthworks and vehicle movements may disseminate the contamination throughout the site; creating a larger affected area and subsequent protracted and costly remediation and validation

7 Environmental Health Environmental Health Professionals are often required to respond to a number of complaints They play an important role in responding to complaints, undertaking initial risk assessment and advising on appropriate actions

8 Assessment and Management The assessment and management process requires the interpretation and application of the existing legislation occupational safety and health, public health environmental legislation codes of practice and guidelines and the associated reporting requirements

9 Assessment and Management The recommended approach for assessing asbestos contaminated sites Determine the extent of contamination Understand the process and which regulatory conditions apply Demolition/removal (Code of Practice) Contaminated site (Guidelines) Determine the most appropriate risk management strategies for site cleanup A distinction must be made between asbestos management during removal work and contaminated site reporting, assessment, remediation and management

10 Assessment and Management Actions, responsibilities and reporting requirements First response Administer the Health (Asbestos) Regs Written notice Inform and educate on OHS and environmental requirements Report to applicable regulatory agencies

11 Remediation and Management Remediation and Management has two main objectives Prevent (accidental) release of respirable airborne fibres Deal with aesthetic and perception issues associated with asbestos

12 Health (Asbestos) Regulations 1992 A person who stores, breaks, damages, cuts, maintains, repairs, removes, moves, or disposes of, or uses any material containing asbestos without taking reasonable measures to prevent asbestos fibres entering the atmosphere commits an offence. Reasonable Measures: using water or other practical measures to keep airborne material containing asbestos to a minimum non-powered hand tools using approved vacuum cleaner or wet methods no high pressure water or compressed air ensuring, so far as is reasonably practicable, that material containing asbestos is not broken or abraded disposed in accordance with Environmental Regs, as soon as practicable.

13 Written Notices Written notice served to: the owner of the material or premises a person handling material containing asbestos Can direct that person to maintain, repair, remove, move, dispose of, or handle the material containing asbestos in such manner and within such time as is specified in the direction

14 Prevention need to take action

15 Conditions of Restricted Licence All work to be done in accordance with legislation and Code of Practice Records (5 years) Training Safe Work Method for each job Disposal receipt Above records are subject to audit by WorkSafe WA EHO can ask for above to be provided, but there is no legal obligation for person to comply Asbestos removalists with restricted asbestos removal licence may not understand the implications associated with contaminated sites

16 Expectation When demolition or asbestos removal is occurring at a property it is very important that no suspect material remains on site afterwards. The recommended risk management strategies aim to improve compliance with existing legislative requirements and meet the expectations regarding the classification of contaminated sites.

17 OSH Requirements OSH Regulations 1996 and Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002(2005)] Section of the Code of Practice addresses circumstances where soil may have become contaminated with ACM and requires that If there is a risk of soil contamination, the area should be visually inspected, and if any ACM are detected the soil must be decontaminated Based on a risk assessment The use of professional site remediation advice and/or services should be considered Dust control and pick up of all visible pieces of ACM debris or removal of topsoil The contaminated soil must be disposed of as asbestos waste It is recommended that a site walkover is performed following removal work, to confirm that no soil contamination remains on the soil surface (generally considered to include the top 10 cm of soil)

18 Contaminated Sites Act May require the site to be professionally investigated and, if necessary, cleaned up. If any suspect material has been worked into the soil, this may trigger very lengthy and expensive investigation and clean up costs. If the site cannot be effectively cleaned up it may be necessary to place a memorial on the Certificate of Title indicating that the site is contaminated and identifying any restrictions on the use of the site. All ACM must be taken to a licensed waste facility. It is recommended that disposal receipts are retained that provide information on the quantity of ACM waste material delivered to the waste facility.

19 Prevention Where asbestos contamination is removed in accordance with legislation and guidelines a record must be kept of the details of the removal and disposal (ie. location, type and quantity of material removed, procedures and control measures, photographs and disposal receipt)

20 Local Authority Management Options Building Departments Conditions on building permit - demolitions Hazardous material inspection Compliance with legislation and code of practice Provision of safe work method Provision of disposal receipts. Environmental Health Professionals Health (Asbestos) Regs 1992 Advise of other legal requirements Report to relevant authority

21 References Further information on soil investigation and clean-up is available in the document Guidelines for the Assessment, Remediation and Management of Asbestos-Contaminated Sites in Western Australia (DoH, 2009) Appendix: Management of Small-Scale Low- Risk Soil Asbestos Contamination Other guidance material Public Health Website

22 Restrictions encountered by EHOs in performing their role: Limited power Limited penalties Response from other agencies (with greater powers and penalties) may not be immediate or may be limited

23 Disposal Options Domestic asbestos waste explore options Cost of clean-up can be high (survey results) Feasibility of subsidising disposal costs Hazardous waste collection program that includes asbestos cement waste Making arrangements with local licensed waste disposal facilities

24 Conclusion Role of EHO Education and negotiation Risk Assessment and provide direction or professional advice on remediation and management Enforcement Reporting

25 Department of Environment Regulation Contaminated Sites Branch Hotline: (9am to 5pm Monday to Friday. If calling outside these hours, please contact the 24-hour Pollution Watch Hotline on ) Sign up for alerts. Send your contact details to:

26 Department of Health Environmental Health Hazards Unit (08) The Environmental Health Hazard Unit is concerned with safety, water quality, asbestos and other environmental hazard management, safe chemical and pesticide use, and other factors in the environment that may impact on human health. Click on the link below for further information. Environmental Health Hazards

27 Worksafe WA Next speaker WorkSafe Locked Bag 14, Cloisters Square, PERTH, WA 6850