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Item 9.3 - Attachment 2 |
Draft
Asbestos Enforcement Policy |
Draft Asbestos Complaint
PolicyAsbestos Enforcement Policy
Policy Number
Table of
Contents
1.1 Introduction
1.2 Aim
and Objectives
1.3 Definitions
1.4 Development
Process
1.5 Development
that does not require consent
1.6 Asbestos
Waste Disposal Facilities
1.7 Response
to Requests/Complaints (Public Place)
1.8 Response
to Requests/Complaints (Private property)
1.9 Training
Needs ‘Council Staff’
1.10 Resources
1.11 Administration
1.1 Introduction
This
policy sets out Parramatta City Council’s policy and procedures for the
management of asbestos.
Asbestos
is a naturally occurring mineral which has been mined and then processed (using
a variety of mixers and binders) for use in a variety of ways. It was used
extensively in the construction industry in
Under NSW
legislation, material that contains asbestos is referred to as either ‘friable’
or ‘bonded’ and these two forms are described more extensively later in this
policy.
Materials that are referred to as ‘bonded asbestos’ include:
· asbestos cement pipes (used for electrical, water, drainage and fire
protection purposes).
· electrical metering boards.
· flat (fibro), corrugated or compressed asbestos cement sheeting used in
roof and wall cladding
Materials that are referred to as ‘friable asbestos’ include:
· Sprayed limpet
· Millboard
· boiler lagging
· Asbestos inappropriately buried
Asbestos is
commonly referred to as fibro because it’s extensive use in housing
construction.
Any asbestos
cement product is subject to:
· Weathering.
· Hail damaged.
· Damaged by heat/fire or other mechanical action.
· Damage from water blasting if it is friable asbestos.
The
presence of asbestos does not constitute a danger if it is in good condition
and is not disturbed. However it is hazardous when disturbed during demolition,
renovation or mishap, as the fibres may be released into the air and remain suspended
for a considerable time allowing for their inhalation. These fibres may remain
in the human body for years before causing diseases such as asbestosis, lung
cancer and mesothelioma.
Materials
that are suspected of containing asbestos should be inspected and tested by
suitably qualified and experienced people before they are disturbed. It is not
possible to establish if a material contains asbestos by simple inspection
alone. Doubtful material should be treated as containing asbestos. Some
materials are clearly labelled as containing asbestos.
1.2 Aim
and Objective
The
aim of this policy is to set a framework to:
· Control and regulate the removal or
repair of asbestos in the development and complaint management process.
· Provide information and educational
material on the handling of asbestos.
· Respond to inquiries and complaints
regarding the use or misuse of asbestos.
The
objectives of this policy are to:
· Encourage the safe handling and
removal of materials containing asbestos.
· Provide consistent Council procedures
for asbestos handling and removal.
This
policy applies to all land located with the local government area of Parramatta
City Council.
1.3 Definitions
For
the purpose of this policy, the following definitions will apply:
Approved hours means
the permissible hours of construction work specified in any approval or
development consent authorising building works.
Asbestos means
any fibrous silicate mineral and is comprised of two major groups being:
· The serpentine group contains
chrysotile, commonly known as white asbestos;
· The amphibole group contains
amosite (brown asbestos), crocidolite (blue asbestos) as well as some other
less common types, which are tremolite, actinolite and anthophyllite.
Bonded asbestos
means any material containing asbestos in a bonded matrix (and includes
products that consist of Portland cement or various resin/binders) and cannot
be crushed by hand.
Construction site means
any land or building where work or preparation for building (including the remediation
of contaminated land), demolition, erection, and/or excavation is being carried
out and also includes any work associated with vehicle delivery and pick up
from the site.
Council
means Parramatta City Council.
Demolition means
the complete or partial dismantling of a structure.
Development has
the meaning given to that term in the Environmental Planning and Assessment Act
1979.
Friable asbestos means
any material containing asbestos which is in the form of a powder, or can be
crushed by hand when dry.
PPE means all items of protective
clothing or other protective equipment that comply with all laws and
requirements relating to the safe handling of asbestos.
NATA accredited laboratory means a
laboratory that has been accredited by the National Association of Testing
Authorities
1.4 Development
Process
Council
has prepared conditions for inclusion in approvals or consents intended to
apply to developments where it is known or reasonably suspected that asbestos
is present have been developed.
The
aim of these conditions is to minimise asbestos exposure in the environment by
requiring asbestos safe work practices together
with the observance ofand
controls and disposal procedures be
observed during development activities. An example of the relevant conditions appears
below:
In addition to
compliance with the development consent conditions, applicants shall notify
their neighbours prior to the removal of any asbestos. The applicant or their
agent must, in writing, notify all adjoining properties and those directly
opposite the development. Notification details to include the date(s) and
time(s) of the asbestos removal, the name of the licensed removalist together
with a contact person for the site, telephone, facsimile and email address.
Note:
Notwithstanding if
the development requires consent or not, demolition works and disposal of
asbestos must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a
current WorkCover “Class 2 (Restricted) Asbestos Licence unless the amount is
less than the minimum allowed by the NSW WorkCover Authority.
1.5 Development
that does not require consent
Some
development in the local government area controlled by Council does not require
a consent or approval be obtained before conducting the relevant development.
This exemption from the requirement to obtain a consent or approval appears in
the following::
· Parramatta
Development Control Plan 2005.
· State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
To
ensure that a consistent approach is followed throughout the local government
area controlled by Council the following requirements must be satisfied
or complied with, before a complying development can be carried out or the
demolition of any material that contains asbestos:
· The work is to be carried out by the holder of a NSW WorkCover Asbestos
or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos
licence.
· Demolition is to be carried out in accordance with the applicable
provisions of Australian Standard AS2601 1991 - The Demolition of Structures).
· Demolition works are restricted to Monday to Friday between the hours of
7.00am to 6.00pm. No demolition works are to be undertaken on Saturdays,
Sundays or Public Holidays.
· Standard commercially manufactured signs containing the
words ‘DANGER ASBESTOS REMOVAL IN
PROGRESS’ measuring not less than 400mmx300mm are to be erected in
prominent visible positions on the construction
site.
· No asbestos laden skips or
bins are to be left in any public place without the approval of Council.
· No asbestos products are to be water blasted or reused on the siteon or
near the construction site (i.e. packing pieces, spacers,
formwork or fill).
· Prior to the exportation of all waste from the construction
site the material should be classified to determine where the
waste may be legally taken. The Protection of the Environment Operations Act
1997 provides for the commission of an offence for both the waste owner and the
transporter, if the waste is taken to a place that cannot lawfully be used as a
waste facility.
· The proponent of demolition or
renovation works involving asbestos material should obtain:
(i) an
asbestos clearance certificate prepared by a NATA accredited occupational
hygienist; and
(ii) a signed statement
verifying that demolition work and the recycling of asbestos materials was
undertaken in accordance the NSW Workcover document Your guide to working with
Asbestos www.workcover.nsw.gov.au
·Whether
or not development consent is required, demolition works and disposal of
asbestos must only be undertaken by contractors who hold a current WorkCover
Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted)
Asbestos Licence unless the amount is less than the minimum allowed by the NSW
WorkCover Authority.
·
1.6 Asbestos
Waste Disposal Facilities
The
removal of asbestos waste is permitted, subject to development consent conditions
that govern the times of which any such removal may
occurgoverning times, seven days per week.
Waste
facilities (including hours of operation) that will accept asbestos are;
· Belrose Waste
& Recycling Centre
Address:
Phone: 1300 651 116
Hours of Operation:
Monday to Friday: 6am to 5pm
Saturday and Sunday: 8am to 5pm
· Eastern Creek
Waste & Recycling Centre
Address:
Phone: 1300 651 116
Hours of Operation:
Monday to Friday: 7am to 4pm
Saturday: 8am to 5pm
Sunday: 8am to 5pm
· Lucas Heights
Waste & Recycling Centre,
Address: New
Phone: 1300 651 116
Hours of Operation:
Monday to Friday: 6am to 4pm
Saturday: 8am to 5pm
Sunday: 8am to 5pm
· Elizabeth
Drive Waste Facility (SITA)
Address:
Phone: 02 4774 8866
Hours of Operation:
Monday to Friday: 7am to 2.30pm (asbestos only)
· Horsley Park
Waste Facility (Veolia)
Phone:
(02) 9620 1944
Hours of Operation:
Monday to Friday: 7am to 3.30pm
Saturday: 7am to 10.30 am
1.7 Response
to Requests/Complaints (
Where
Council is in receipt of an enquiry or complaint concerning asbestos or Council
staff becomes aware of asbestos being dumped in the street or other public
place the following procedure will be followed:
1 Enquiry/complaint to be entered on
Council’s service request system.
2 Council officers
receiving a complaint or becoming aware of an asbestos dump are to advise their
team leader immediately.
3 The relevant Team
Leader Regulatory
Services or their nominees is are
to investigate and:
• Quantify;
• Photograph;
• Identify the owner of the material or the party responsible for the incident
or dumping, if possible.
4 Staff must wear appropriate
PPE when investigating enquiries/complaints regarding asbestos.
5 The tTeam lLeader mustto request the Cleansing
Team to secure the public area to prevent public
access with priority given to asbestos dumped in a sensitive area such as a
park or near a school or the environmental conditions (i.e. wind and or rain).
6 The tTeam lLeader or their nominee
mustto
contact the
Department of Environment, Climate Change and Water (www.environment.nsw.gov.au) NSW EPA to
apply for funding from the Environmental Trust
Funds to cover the
costsfund the costs of removing orphan
waste (dumped asbestos) where the person responsible cannot be identified. This funding approvalApproval must be obtainedgranted prior to the removal of any
asbestos material by Council.
7 The tTeam lLeader or their nominee
shall advise the PCC Cleansing Team to have asbestos removed
by a licensed asbestos removalist and disposed of at a waste centre that accepts
asbestos. Council will require a receipt to confirm the asbestos was disposed
of lawfully.
8 The tTeam lLeader or their nominee
mustto
undertake enforcement action against the responsible party if they can be
identified.
9 Complainant and residents to be
advised of outcome.
1.8 Response
to Requests/Complaints (Private property)
Where
Council is in receipt of a complaint or enquiry regarding asbestos on private
property the following procedure will be followed:
1 The cComplaint mustto be entered on Council’s service
request system.
2 The cComplaint
mustto
be immediately forwarded to the relevantTeam
Leader Environment and Development Control or
an senior environmental health officer in that
officer’s absence – immediately.
3 The rRequest/cComplaint
mustto
be investigated without delay by the eEnvironmental hHealth officerSurveyor immediately.
4 The
environmental healthHealth
surveyorofficer
must, to, in
consultation with the Department of Environment,
Climate Change and WaterConservation
and
Environment and/or the NSW WorkCover
Authority, may determine whethermake a determination if the material
contains asbestos and if they
consider that there is a risk to human health or the environment if required. Staff are to wear the
appropriate PPE when investigating enquiries/complaints regarding asbestos.
(See section 6 NOHSC 2002).
5 If there
is a risk to human health or the environment, a short term notice may be served
on the owner of the premises under Section 124 of the Local Government Act 1993
or a Clean – up notice may be served under Section 91 of the Protection of the
Environment Operations Act 1997. Council requires
that will ensure the asbestos is collected
by a licensed asbestos removalist and disposed of only at a waste centre that
accepts asbestos (as listed in Part 4 of this policy). Council will require a
receipt to confirm the asbestos was disposed of lawfully.
6 Information
to be gathered for regulatory response, should include but not be limited to
photographs, quantify m2, type (flat, corrugated), weather conditions (rain,
wind etc) property owner’s details.
7 . If the building owner cannot be
contacted and the asbestos is friable contact the NSW Fire Brigade (Hazmat) 9319 7000(9318-4822) to secure area and commence
regulatory procedures to prevent any environmental or health damage.
8 . Complainant
and residents to be advised of outcome.
1.9 Training
Needs ‘Council Staff’
Council
regularly conducts strategy for staff.
For Council staff in the areas of Building Trades People, Building SurveyorOfficers,
Environmental Health SurveyorOfficers, Rangers and Waste collectors.
the training should include (but
not be limited to) the following:
· Where staff are likely to come
into contact with asbestos;
· Health hazards associated with
asbestos; and
· Legal responsibility (Health
and Environment) for ensuring their health and the health of others.
Relevant
Council staff are to be provided with the appropriate PPE when investigating asbestos
enquiries, and receive training in the care and use of such equipment.
1.10 Resources
Title
Where to find it Author/Source
Occupational
Health and Safety
Act
2000
www.workcover.nsw.gov.au
/ NSW Government
Occupational
Health and Safety
Regulation
2001
www.workcover.nsw.gov.au
/ NSW Government
Your
guide to working with
asbestos
www.workcover.nsw.gov.au
/ WorkCover NSW
Living
with Fibro
www.workcover.nsw.gov.au / WorkCover NSW
Asbestos
‘Guidelines for licensed
asbestos
removal contractors
www.workcover.nsw.gov.au
/ National Occupational Health
&
Safety Commission
Guide
to the Control of
Asbestos
Hazards in Buildings
and
Structures [NOHSC
:3002(1998)]
www.nohsc.gov.au
/ National Occupational Health
&
Safety Commission
Fibro
& Asbestos ‘A renovators
and
homeowners guide’
www.nsw.gov.au/fibro/brochure.asp
/ NSW Government
Fibro
and Asbestos ‘Frequently
asked
questions for renovators
and
homeowners’
www.nsw.gov.au/fibro/faqs.asp
/ NSW Government
Australian
Standard AS 2601
–
2001
‘The
Demolition of Structures’
www.standards.org.au
/ Standards Australia
Safely
disposing of asbestos
from
your home
www.environment.nsw.gov.au
/ Department of Environment
and
Conservation (NSW)
1.11 Administration
This policy will be reviewed every three years or when legislative changes affect the policy.
Review
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Date Adopted |
Date superseded |
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Owner
Manager Regulatory
Services