Asbestos Removal Process

What are My Liabilities in Removing Asbestos?

The legal liabilities involving asbestos-containing products in a private home are nearly all local. There are no federal requirements for disclosing the presence of ACMs when selling or renting a home. Federal regulations begin when dealing with a building with more than four apartments. Different states, however, and many counties and municipalities, have their own requirements and restrictions.

Check with the local environmental or health department, as well as the municipal building to learn all possible liabilities. Also check with state authorities because asbestos regulations vary from small towns to cities. The U.S. Environmental Protection Agency maintains a list of agencies responsible in each state.

Every locality will require workers who may be exposed to asbestos to be clearly informed of the risks they face and the precautions being taken to protect them. If a licensed abatement contractor is used, they should take care of all notifications, have the required posters and forms on hand, and their work crews will be completely familiar with the precautions they have to take. Doing this kind of project by yourself creates a much more complicated job and is usually unfamiliar territory. Having flawless relationships with local authorities is almost necessary to have the project run smoothly. An attorney who is familiar with the liabilities should assist you.

In Utah, homeowners cannot legally hire their own workers to help with asbestos abatement. A licensed abatement contractor can be hired, or you can do the work entirely yourself. If friends and family come to help, you cannot pay them and they must be fully informed of the risks.

Alabama offers homeowners (up to four residential units) exemption from the state's notification regulations, but warns that exercising the exemption places homeowners at risk (usually because of improper handling of asbestos at the site). There is no exemption from legal requirements for the disposal of asbestos-contaminated debris.

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