Elderly woman’s family tasked with cleaning up dumped asbestos on private property

Elderly woman’s family tasked with cleaning up dumped asbestos on private property

The family of a woman who has dementia are selling the family home to pay for her care, but the situation has become difficult after discovering that the property sits on contaminated land.

The family cares for the grandmother at an 81-acre plot of land in north-western Sydney, which has been in the family for five generations. The family, when they attempted to sell the property, found that it was built on a contaminated waste dump, which could potentially leave the property worthless.

The EPA is investigating the situation, and said they have been speaking with the family for “a number of years” regarding the property, which is “contaminated with asbestos dumped” on the land. They are working with the family to “try and assist with finding a clean-up solution.”

They explained that the “dumping is alleged to have been organised without permission by the property owner’s son. The EPA conducted a thorough investigation and determined the delivery had been arranged by a family member however, even taking into account photos, there was not enough evidence to prove the identity of the transport company involved in the actual offence – the dumping of the dirt mixed with asbestos.”

Per their comments, “under NSW legislation where the culprit cannot be identified, the responsibility for clean-up falls to the landowner not the taxpayer. The taxpayer does not pay for asbestos waste clean-up on private property.”

“In this instance however, the EPA has on compassionate grounds recognised the landowner’s individual circumstances meant she was unable to cover clean-up costs, and the health risk from the material remained low, so we have not enforced the clean-up on this occasion.

“We encourage landowners to take all precautions to protect themselves against dumping on their vacant property or rural holdings by keeping the area secured, being present if dirt or building materials are being delivered and checking any deliveries thoroughly to ensure it is what was ordered and paid for.”

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