Case Study 5: Demolition, Open Dumpsters, and a Missing Supervisor
A 62,000 ft² 1974 warehouse is scheduled for demolition in 45 days. The owner's consultant finds 9,000 ft² of asbestos-containing roof coating and flashing at 8% chrysotile, which is Category I nonfriable while intact, and 1,500 ft² of transite siding. The owner submits a Nebraska abatement notification for removal of the roof coating and siding, but the demolition contractor plans to begin demolition before the removal is complete and to push the remaining roofing into the building. On day two, a neighbor videos dry sweeping of debris and open dumpsters; the site is in a city with a local health department. The owner says the state notification was filed, so the state will handle it. The demolition contractor's Nebraska license is current; the supervisor is not on site because he is at another job.
1. What notifications and approvals are required for the demolition, and does the existing abatement notification cover the demolition work?
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The abatement notification covers only the removal described in it; it does not authorize demolition that will disturb ACM. A demolition project that will disturb regulated ACM requires its own notification to the Nebraska DHHS asbestos program with the required advance notice, and the demolition contractor must ensure that abatement is completed or that any remaining ACM will not be disturbed. The roof coating is Category I nonfriable while intact, but demolition that crushes, breaks, or pushes it into the building can make it regulated as friable; the transite siding is Category II nonfriable and also becomes regulated if broken or abraded. The owner should confirm whether the local health department and EPA Region 7 require separate notice. The notification must reflect the actual start date, scope, and demolition sequence. The owner cannot rely on the abatement notification to excuse premature demolition.
2. What should be done about the dry sweeping, open dumpsters, and missing supervisor, and who should be contacted?
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The dry sweeping and open dumpsters should be stopped immediately. Dry sweeping can suspend asbestos fibers, and open dumpsters allow debris to blow out and contaminate the site. Debris should be wetted, placed in leak-tight containers, labeled, and covered. The supervisor must be on site during abatement and ACM disturbance; if he is at another job, work in the regulated area should stop until a qualified supervisor is present. The observer should document the conditions with time, date, photos or video, and names, and contact the Nebraska DHHS asbestos program and the local health department. A complaint can trigger an inspection and a stop-work order. The owner should not tell the neighbor or the contractor to wait for the state to act; the owner has independent responsibility to correct the conditions and preserve records.
3. What records must be kept and for how long, and what reporting follows completion?
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The project file should include the abatement and demolition notifications, all amendments and DHHS correspondence, contractor and individual licenses, training certificates, the work plan, air monitoring results, daily logs, waste manifests, disposal receipts, and photographs of the work area and containers. These records should be retained for at least the period required by Nebraska's asbestos rules, and in any event for the NESHAP two-year recordkeeping period; many owners retain them longer for liability and closure purposes. If DHHS or the local health department inspects, the records should be produced promptly. The contractor should also document corrective actions taken after the dry-sweeping complaint and any supervisor coverage changes. A completion report or closeout summary is useful even if not expressly required, because it shows that the regulated material was removed and disposed of properly.