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baal  
#1 Posted : 21 March 2016 11:36:48(UTC)
Rank: Forum user
baal

Hi All

If Asbestos or ACMs are removed under Cat B and double bagged, cable tied, suitably labelled. Who has ultimate responsibly to ensure it is disposed of correctly. The Client, Principal Contractor or Contractor? Or is it acceptable to bag it up and request that the client arrange for its safe disposal?

Thanks in advance.
RayRapp  
#2 Posted : 21 March 2016 12:46:21(UTC)
Rank: Super forum user
RayRapp

Hi baal

Good question. As I understand it is the 'producer' of the waste has a duty to dispose of it as hazardous waste (UK) special waste (Scotland). If a client engages a contractor to carry out works, then the contractor becomes the producer and the duty to dispose of it falls to the contractor. The client can of course engage a licensed contractor to dispose of the waste if they so choose.

The client needs to ensure the hazardous (asbestos) waste has been properly disposed of because they still have a duty of care for the waste. They can fulfill this duty be ensuring Consignment Notes are forwarded by the contractor detailing where and when the hazardous waste was disposed.
Invictus  
#3 Posted : 21 March 2016 12:52:53(UTC)
Rank: Super forum user
Invictus

RayRapp wrote:
Hi baal

Good question. As I understand it is the 'producer' of the waste has a duty to dispose of it as hazardous waste (UK) special waste (Scotland). If a client engages a contractor to carry out works, then the contractor becomes the producer and the duty to dispose of it falls to the contractor. The client can of course engage a licensed contractor to dispose of the waste if they so choose.

The client needs to ensure the hazardous (asbestos) waste has been properly disposed of because they still have a duty of care for the waste. They can fulfill this duty be ensuring Consignment Notes are forwarded by the contractor detailing where and when the hazardous waste was disposed.



I thought you waited until late and night and dumped it at the side of the road!
chris42  
#4 Posted : 21 March 2016 13:08:18(UTC)
Rank: Super forum user
chris42

Agree fully with Ray

And

Up to £50k fine or 12 months prison for Invictus
Invictus  
#5 Posted : 21 March 2016 13:14:04(UTC)
Rank: Super forum user
Invictus

Chris42 wrote:
Agree fully with Ray

And

Up to £50k fine or 12 months prison for Invictus



Ill have the 12 months please, and can you make it a double room with on-suite and keep the sauna clean.

And I never said I did it I just 'thought' that's how it was disposed of!
chris42  
#6 Posted : 21 March 2016 13:43:09(UTC)
Rank: Super forum user
chris42

I assumed you were joking as you sometimes do, but double room etc booked. You will only have to share the double room with12 others, the bucket will be in the corner and the sauna is arranged by pin holes in the radiator in the double room. :0)

But back to the OP. The EA / Natural resources Wales are a little confused about this issue themselves. If you read enough of their guidance it is contradictory in places. I have actually spoken to them about this though the scenario I gave was putting a new window in a wall, and the old brick being rubbish.

First they said it was up to us the Client, then I pointed out their guidance about landscape gardening and it was the gardeners duty to dispose of the bushes / trees they cut down. We then ended up with the working solution as Ray has described. Where it is the contractor responsibility unless contract states otherwise, but the client is to ensure they dispose of properly and do not employ a cowboy to throw it in the field down the road.

Chris


boblewis  
#7 Posted : 21 March 2016 16:33:13(UTC)
Rank: Super forum user
boblewis

Invictus wrote:
Chris42 wrote:
Agree fully with Ray

And

Up to £50k fine or 12 months prison for Invictus



Ill have the 12 months please, and can you make it a double room with on-suite and keep the sauna clean.

And I never said I did it I just 'thought' that's how it was disposed of!



Invictus you obviously read the article where a prisoner awarded prison accommodation a 5 star rating for overnight accommodation !!!!
sibob  
#8 Posted : 21 March 2016 17:04:29(UTC)
Rank: Forum user
sibob

If i was engaging a contractor to remove asbestos, whether it was cat b or fully licenced, i would expect the contractor to deal with the waste as part of the contract
johnmurray  
#9 Posted : 22 March 2016 07:58:58(UTC)
Rank: Super forum user
johnmurray

Invictus wrote:
RayRapp wrote:
Hi baal

Good question. As I understand it is the 'producer' of the waste has a duty to dispose of it as hazardous waste (UK) special waste (Scotland). If a client engages a contractor to carry out works, then the contractor becomes the producer and the duty to dispose of it falls to the contractor. The client can of course engage a licensed contractor to dispose of the waste if they so choose.

The client needs to ensure the hazardous (asbestos) waste has been properly disposed of because they still have a duty of care for the waste. They can fulfill this duty be ensuring Consignment Notes are forwarded by the contractor detailing where and when the hazardous waste was disposed.



I thought you waited until late and night and dumped it at the side of the road!


If you deposit it in a river there is less chance of dust contamination, and discovery is delayed as well ;-)
Invictus  
#10 Posted : 22 March 2016 08:01:53(UTC)
Rank: Super forum user
Invictus

JohnMurray wrote:
Invictus wrote:
RayRapp wrote:
Hi baal

Good question. As I understand it is the 'producer' of the waste has a duty to dispose of it as hazardous waste (UK) special waste (Scotland). If a client engages a contractor to carry out works, then the contractor becomes the producer and the duty to dispose of it falls to the contractor. The client can of course engage a licensed contractor to dispose of the waste if they so choose.

The client needs to ensure the hazardous (asbestos) waste has been properly disposed of because they still have a duty of care for the waste. They can fulfill this duty be ensuring Consignment Notes are forwarded by the contractor detailing where and when the hazardous waste was disposed.


John,

looka like we could be sharing a cell, bagsy top bunk and I wee the bed.


I thought you waited until late and night and dumped it at the side of the road!


If you deposit it in a river there is less chance of dust contamination, and discovery is delayed as well ;-)

johnmurray  
#11 Posted : 22 March 2016 10:06:48(UTC)
Rank: Super forum user
johnmurray

Going by around here, it is the river.
Late at night would be a dark, secluded layby; where the cleaning-crew then arrive, sling it in the back of the truck, and depart to a refuse tip!!
chris42  
#12 Posted : 22 March 2016 10:21:14(UTC)
Rank: Super forum user
chris42

By the way responsibility for waste does not stop once it has been collected, those responsible for creating the waste are responsible until it gets to a final management site, which has a licence for asbestos. As this is hazardous waste it will need a consignment note and the management site will send you the part E return for the quarter to confirm it got there and how much there was, which should match what you sent.

Waste is not fun but an amusing tale Google Khian Sea cargo ship.

Spoiler :- its final resting place was around 170 miles from where it started

You could also try a you tube clip of a spoof interview with an Australian politician - search "the front fell off" should get you to it.

Chris
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