More and more utility contractors are finding that they are being asked to remove asbestos containing pipe (ACP). We get the question, “Am I allowed to move, cut, or take ACP out of the ground?” The answer would be no, unless you are licensed with EPD as an abatement contractor. You may be tempted to hire a licensed abatement contractor but most are not licensed utility contractors, therefore, cannot get in your trench to move the pipe.
Let’s take a closer look at some parameters. Basically what has brought this to light is that all ACP dating back before 1981 is considered a Class II hazard by OSHA. This means if you don’t have the proper HAZMAT training or, HAZMAT protection in place the fines are pretty hefty. Then, you can also be fined by EPD if you are not a licensed EPD abatement contractor. Another big issue is your business insurance and healthcare coverage for your employees. Most policies have an exclusion for asbestos, which means your company is not covered for this activity. You could even jeopardize your ability to keep your bonding capacity if you are found to be removing asbestos pipe. It was recently discovered to be a problem if your employees are removing ACP and they are covered under the company Health Benefit package in which this practice is not included.
Once ACP has been cut and made friable, meaning it has turned into dust, you have to follow EPA/OSHA guidelines for safe removal.
Why does ACP need to be moved?
The big commotion about removing ACP came to light last year when the Georgia DOT asked cities and counties to remove ACP from their right-of-ways. After some utility contractors were being asked to remove ACP, GUCA Lobbyist Mo Thrash tracked language introduced by Representative John Lunsford to address this issue and to help cities and counties. HB 101 gave them options as the cost of removing ACP may prove to not be in the best interest of the city or county. Following is language we hope you share with cities and counties and especially engineers or the Georgia DOT who may be asking the ACP be removed.
HB 101 SECTION 1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section to read as follows:
“32-4-4.
(a) As used in this Code section, the term ‘entity’ means a county, a municipality, a consolidated government, or a local authority.
(b) Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such pipe exists in the rights of way and of any road, bridge, or other transportation project authorized pursuant to this title, and the entity determines that such pipe should no longer be utilized, the entity that owns and operates the utility facility shall have the discretion to:
(1) Remove and dispose of the asbestos pipe in accordance with federal laws and regulations;
(2) Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or
(3) Allow the pipe to remain undisturbed in the ground and take no further action.
(c) At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable.
(d) Any costs, claims, or other liability associated with the entity’s decision pursuant to subsection (b) of this Code section shall be borne by the entity and may be subject to offset by the department.”
Of course, you are advised to seek legal advice when you see stipulations in your contract to remove ACP. You are urged to report any illegal activity regarding companies removing this pipe without a license to do so.