It also helped to clarify when a stockpile is waste, and if asbestos hotspots can be removed from stockpiles.
In 2019 a NSW Criminal Court of Appeal (CCA) decision has significantly changed the interpretation and application of waste classifications and offences under the Protection of the Environment Operations Act 1997 (POEO Act). In New South Wales, the answer to stockpile separation and when an item becomes waste was answered in a legal proceeding. The company has also launched in Australia, however we do not know if any projects have been approved by Australian regulators as yet. The ABCOV® Method destroys asbestos with a non-thermal, United States Federal Environmental Protection Agency approved, chemical-physical process. In the United States there is a destruction method that appears to be approved. It can be buried in a containment cell or capped with a long term environmental management plan onsite (which will likely lower the property value) under the contaminated land regulation, but active remediation treatment options have not been available. Asbestos impacted soil for instance cannot have asbestos hotspots separated from a stockpile, or be stabalised for reuse under the waste regulations. The question has been, when does a stockpile become waste?Ĭompliantly (and sustainability) dealing with asbestos impacted soil for instance, can be a large headache for large construction and development projects. The Contaminated Land Management Act 1997, and the Protection of the Environment Operations Act 1997 under which the Protection of the Environment Operations (Waste) Regulation 2014 sits. Simply put, there are two pieces of legislation, and two branches of NSW EPA that regulate under each piece of legislation with different, and in some areas overlapping regulation. Generally as consultants we have had a slight confusion on the strict regulation and guidelines information, and information received by NSW EPA in seminars, advice etc, on when contaminated soil becomes waste. When is a Soil Stockpile ‘Waste’, and Can a Hotspot of Asbestos or ACM in a Stockpile be Removed and the Soil be reclassified?
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