• Asbestos

    I just want to highlight something that my husband saw recently.

    A couple of weeks ago my husband was on one of his cycling routes and saw a substantial amount of dumped asbestos on some land near an unkept pond.

    He called our local council to report it thinking they would address it. However, when he explained where it was, the council said they can't do anything about it as it was on private land. My husband said he thinks it's going to be buried on the land, the council still was not interested.

    He cycled the same route 2 days later, the asbestos had been buried into the pond!

    It's not quite clear who owns this land as there are many country estates in this rural area.

    I was surprised in this day and age of environmental consciousness that there seems to be no enforcement to stop people basically doing what they like with asbestos on their own private land.

    Unless someone knows different...?
    Tap below to see the best answer
    1
  • I just want to highlight something that my husband saw recently.

    A couple of weeks ago my husband was on one of his cycling routes and saw a substantial amount of dumped asbestos on some land near an unkept pond.

    He called our local council to report it thinking they would address it. However, when he explained where it was, the council said they can't do anything about it as it was on private land. My husband said he thinks it's going to be buried on the land, the council still was not interested.

    He cycled the same route 2 days later, the asbestos had been buried into the pond!

    It's not quite clear who owns this land as there are many country estates in this rural area.

    I was surprised in this day and age of environmental consciousness that there seems to be no enforcement to stop people basically doing what they like with asbestos on their own private land.

    Unless someone knows different...?
    Tap below to see the best answer


  • Best Answer

    Hi ange.
    It is completely illegal to bury asbestos anywhere. Its a bit naughty that the council took that approach however you can complain to the enviroment agency or even defra if its on farm land.
    Dependiing on what type it is as there are 6 differant grades then the landowner can be fined several 1000's of pounds as well as having to pay the clean up operation. In the mean time land registery would reclassify it as contaminated land making it almost worthless and unsalable.
    1
  • Hi ange.
    It is completely illegal to bury asbestos anywhere. Its a bit naughty that the council took that approach however you can complain to the enviroment agency or even defra if its on farm land.
    Dependiing on what type it is as there are 6 differant grades then the landowner can be fined several 1000's of pounds as well as having to pay the clean up operation. In the mean time land registery would reclassify it as contaminated land making it almost worthless and unsalable.


  • Best Answer

    You could always see if the local press is interested in the story; they’re there to hold the Council to account. Or write to your local mp asking them to seek clarification why the council decided inaction was appropriate.

    According to https://www.fallonpilott.co.uk/asbestos-fly-tipping/,


    • Land managers, occupiers or owners of private property are responsible for clearing and disposing of any fly tipping found on private land.
    • Local councils will not normally clear rubbish dumped on private land free of charge but they may investigate such incidents and where appropriate take enforcement action.
    • The Environment Agency investigates the larger (more than a tipper load), organised (linked to criminal business practices), or hazardous (waste over 75L which have the potential to damage the environment) incidents of illegal dumping on public land.The EA will investigate if the asbestos is more than 5 cubic metres of fibrous asbestos or 75 litres of potentially hazardous waste in drums or containers.


    Regardless of whether fly tipping is found on public or private land you should always report it to the relevant local authority – it may be that the culprit can be found or linked to other incidents​

    Here’s more detail on the Council’s responsibilities:
    https://www.gov.uk/guidance/fly-tipp...sponsibilities

    It seems to me the Council should investigate, using their powers of entry is necessary, establish the scale of the problem and alert the landowner and instruct them to remove the waste as fly tipping is illegal and, in absence of an identified offending party, the landowner is ultimately responsible for executing the clean-up and doing it appropriately. The landowner will have to bear the cost of the clean-up. If asbestos is found, the Council should also inform the health and safety executive, and the council could do a preliminary investigation to see if an offence has been committed, etc.

    And also:
    https://www.keepbritaintidy.org/faqs...ipping-and-law
    1
  • You could always see if the local press is interested in the story; they’re there to hold the Council to account. Or write to your local mp asking them to seek clarification why the council decided inaction was appropriate.

    According to https://www.fallonpilott.co.uk/asbestos-fly-tipping/,


    • Land managers, occupiers or owners of private property are responsible for clearing and disposing of any fly tipping found on private land.
    • Local councils will not normally clear rubbish dumped on private land free of charge but they may investigate such incidents and where appropriate take enforcement action.
    • The Environment Agency investigates the larger (more than a tipper load), organised (linked to criminal business practices), or hazardous (waste over 75L which have the potential to damage the environment) incidents of illegal dumping on public land.The EA will investigate if the asbestos is more than 5 cubic metres of fibrous asbestos or 75 litres of potentially hazardous waste in drums or containers.


    Regardless of whether fly tipping is found on public or private land you should always report it to the relevant local authority – it may be that the culprit can be found or linked to other incidents​

    Here’s more detail on the Council’s responsibilities:
    https://www.gov.uk/guidance/fly-tipp...sponsibilities

    It seems to me the Council should investigate, using their powers of entry is necessary, establish the scale of the problem and alert the landowner and instruct them to remove the waste as fly tipping is illegal and, in absence of an identified offending party, the landowner is ultimately responsible for executing the clean-up and doing it appropriately. The landowner will have to bear the cost of the clean-up. If asbestos is found, the Council should also inform the health and safety executive, and the council could do a preliminary investigation to see if an offence has been committed, etc.

    And also:
    https://www.keepbritaintidy.org/faqs...ipping-and-law


  • Thanks Jon. I too thought it was outrageous that the council couldn't care less if on private land. They should have contacted the EA asap. (Enough acronyms?).

    I'll speak to hubby and see about taking it further.

    Thanks, Ange 🤔
    0
  • Thanks Jon. I too thought it was outrageous that the council couldn't care less if on private land. They should have contacted the EA asap. (Enough acronyms?).

    I'll speak to hubby and see about taking it further.

    Thanks, Ange 🤔


  • Hi Jon, just thought I'd let you know where the current saga is at regarding asbestos.

    We contacted the Environment Agency with accompanying emails from Council and they say it's not within their remit as there's no fish in the pond! They suggested going back to the council and also complaining how they dealt with us.

    I have now worded a strong email to my local councillor to take this up with the relevant Director of service at my council and expect a different response.

    It is really concerning that no-one seems to care.

    I'll let you know what happens in due course.

    Ange
    3
  • Hi Jon, just thought I'd let you know where the current saga is at regarding asbestos.

    We contacted the Environment Agency with accompanying emails from Council and they say it's not within their remit as there's no fish in the pond! They suggested going back to the council and also complaining how they dealt with us.

    I have now worded a strong email to my local councillor to take this up with the relevant Director of service at my council and expect a different response.

    It is really concerning that no-one seems to care.

    I'll let you know what happens in due course.

    Ange


  • Hi ange.

    Sadly its prob more of a case as we cant be bothered, it will be a lot of work for no gain. Council will spend money looking into it and wont see any return even if someone is guilty.
    0
  • Hi ange.

    Sadly its prob more of a case as we cant be bothered, it will be a lot of work for no gain. Council will spend money looking into it and wont see any return even if someone is guilty.


  • I agree, I definitely think they can't be bothered, but I can!

    This could impact someone's health one day should they disturb it, the only saving grace is it will be wet.

    Maybe the last resort is the police if it's illegal.

    Can you tell I've got the bit between my teeth?

    For freedom from inconsiderate people ✊

    Ange
    0
  • I agree, I definitely think they can't be bothered, but I can!

    This could impact someone's health one day should they disturb it, the only saving grace is it will be wet.

    Maybe the last resort is the police if it's illegal.

    Can you tell I've got the bit between my teeth?

    For freedom from inconsiderate people ✊

    Ange