Dear All,
We have a site with public access where asbestos contamination has been
identified within the sub-soil. This site has been investigated and
remediated previously and further site investigation works are planned.
Recently a services company came and dug an excavation (1mx2m unknown depth)
to carry out a repair. The excavated soil was replaced but the area left in
a poor condition. We have received a complaint that the work undertaken may
(although unlikely) have brought contaminated material to the surface.
I have been asked to find out the 'system of work' that the company used to
identify whether a 'technical offence' has been commited ie creating a
migratory pathway as a result of their local excavations. I was directed to
the Defra website and their guidance relating to 'appropriate persons' and
knowingly permitted' but I am not sure this covers the issues. Others have
mentioned the Construction Design & Maintainence regulations. It appears
that the excavation has been cleaned up but I would be very interested to
see how others would approach this and to discuss the general issues
relating to enforcement and the legal perspective.
As a starter:
What could we (in Environmental Protection) have done as an enforcement body
to get the excavation cleared up quickly?
Also assuming that in the future someone will want to excavate to repair
services in this area again - what are our responsibilities and how do we
ensure that essential repairs are carried out without significant delay and
safely?
Kind regards
Stuart
Protect the environment - only print if absolutely necessary - avoid wasting
paper
Stuart Proudlock
Environmental Protection Officer (Contaminated Land)
London Borough of Barking & Dagenham
Health and Consumer Services
Roycraft House
15 Linton Road
Barking
IG11 8HE
Tel 020 8227 5671
Fax 020 8227 5699
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