Hello Arnold, I deal with asbestos in land and have come across several instances where homes were built in land that has been contaminated with asbestos. In a recent case, a large swathe of developed land was found to have been contaminated with asbestos waste dumped from a former asbestos products factory in the vicinity. Material found was largely asbestos cement. In some places, just odd pieces, in others, in pockets up to a metre thick not far below the surface. In your case, the first question I would ask is what type of asbestos is it and in what condition is it; this might give a clue as to its provenance, and will help establish the degree of risk associated with the material in situ and when it is uncovered. Secondly, where is it, at what depth? Does it look like it has come from a demolished garden shed or garage, or has it been end-tipped? A desk study might assist in this process. The EA is working on establishing risk levels for asbestos in soil, although I am uncertain when this guidance will ultimately emerge. Until it does, it is likely that a Part 2A declaration would be difficult. The HSE will not be interested, from my experience, unless and until it is proved that the asbestos is "licensable" i.e. say blue asbestos lagging and not just asbestos cement. Even then, their interest will be directed at the methodology used for the safe removal of the material by a licensed contractor, not in its assessment. Regards Steve Steve Forster B.Sc. M.Sc. CEnv. Managing Director IEG Technologies UK Ltd Specialists in Soil & Groundwater Remediation Milton Keynes Enterprise Hub D2 Wing, The Michael Young Building The Open University Walton Hall Milton Keynes MK7 6AA Mobile +44 (0) 7855 957140 Switchboard: +44 (0) 1908 655263 Fax. +44 (0) 1908 374441 www.iegtechnologies.co.uk [log in to unmask] www.mkenterprisehub.co.uk

My status Get Skype and call me for free. **************************************************************************** **************************************************************************** **************************************************************************** ** This email and any attachments to it are confidential and intended solely for the use of the person to whom they are addressed. If you are not the addressee you shall not use, disclose, disseminate, distribute or copy, nor take any action in reliance on the contents of, this email or any attachments to it. Please notify the sender immediately by email or telephone if you have received this email by mistake, and delete this email from your system. Any views or opinions presented in this email are solely those of the author and do not necessarily represent those of IEG or any of its subsidiary companies, which will accept no liability for the content of this email, nor the consequences of any actions taken on the basis of the information provided. Neither do we accept any responsibility or liability for changes made to this message nor any files attached to it after it was sent nor any loss or damage arising from its receipt or use. Officers and employees of IEG and its subsidiary companies are expressly required not to make defamatory statements and not to infringe nor authorise any infringement of copyright or any other legal right by email communications. Any such communication is contrary to our policy and outside the scope of the employment of the individual concerned. WARNING: Although we have taken reasonable precautions to ensure no viruses are present in this email or any files attached to it, IEG and its subsidiary companies do not accept any responsibility for any loss or damage arising from the use of this email or its attachments. Registered in England Number 5419864. Enterprise House, Beeson's Yard, Bury Lane, Rickmansworth, Herts. WD3 1DS. VAT 864 5448 92. **************************************************************************** **************************************************************************** **************************************************************************** ** _____ From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Arnold, Lindsay Sent: 14 May 2009 16:36 To: [log in to unmask] Subject: Asbestos found in garden A house owner has been digging up spades of asbestos in his garden. The house is fairly new and no contaminated land conditions were on the planning application in 2006 as no potential issues were raised at the application stage. The developer didn't meet his responsibilities of ensuring a safe development as the asbestos would have been obvious as it is not a great depth, how it arrived on site is another issue, it is possible it could have been brought onto the site. The outcome we want is for the garden to be safe and any costs of clearing etc not passed on to the owner. Planning's view is that as there are no outstanding conditions there is nothing they can do. What channels would anyone suggest we go through? Perhaps an NHBC guarantee would cover any remediation? Would it become a Part2A site? Maybe it is a civil matter between the owner and developer? Would the HSE be able to help? Basically we want the quickest simplest way to get the developer to own up to his responsibility and clear the site. Many thanks Lindsay Arnold | Contaminated Land Officer| Breckland Council Office: 01362 656870 [log in to unmask] | www.breckland.gov.uk **************************************************************************** ********** Unless expressly stated otherwise, the contents of this e-mail are confidential, represent only the views of the sender expressed only to the intended recipient and are not intended to impose any legal obligation upon Breckland Council. If you are not the intended recipient, you are asked to notify the sender and delete the message as soon as possible. **************************************************************************** ********** __________ NOD32 4078 (20090515) Information __________ This message was checked by NOD32 antivirus system. http://www.eset.com