[Organic_Gardening] Re: Asbestos problem!
I am not an attorney. I do have a different perspective on the problem than Jeff. Jeff may be correct in everything that he said under the conditions he asserted. I have experience (through a family member) of this type of problem from another viewpoint.
Check everything out anonymously as much and as long as possible before seeking "Public" advice.
Yes, the previous owner may have to bear the expense. . . or perhaps it was the owners before them and the ones you bought from know nothing about the asbestos problem. Perhaps the property was sold as part of an estate. How do you sue dead people for damages?
Hold the roofing company responsible? Perhaps the roof was replaced by the homeowner (we DIY). Perhaps the agreement was that the homeowner cleaned up the mess. Perhaps the roofing company is kaput. Perhaps the roofing was removed prior to the law changes that requiring special handling.
Once you open this Pandora's Box, it cannot be closed. . . will not go away. . . until THE STATE is satisfied. Some states do have a fund to help pay for clean-up costs caused by prior owners. Some don't. Some states pay the full cost. Some do cost-share. In any event, you need to scope out your position before you get in too deep unless money is no object. It is to me!
In fact, you are probably 'lucky' the geo-thermal contractor didn't report the situation. I was told that they are expected/required to report such things. I know around here a 'found' old well caused lots of problems when the excavator uncovered and then reported it.
I rather agree with your husband here. Do nothing. Unless all homeowners dig up their yard themselves, one really knows what's buried on their property. Wouldn't you have been happy with a garden in that spot if you didn't know the problem existed? I don't think asbestos causes a concern for a garden. Don't know for sure so I'd check it out first, but everything I've heard is about the airborne fibers.
This isn't legal advice, just another viewpoint for to use as you make a decision or seek a remedy.
Love, Linn Bee Zone 5a - 4b South-est, central-est Wisconsin
--- In Organic_Gardening@yahoogroups.com, Jeff Strong <jeff_faithwalker@...> wrote: Hazmat team could survey the site and tell you how deep and wide the site is. They could also suggest ways as to, how either you a home owner or a company that could clean up the site for you.
8:26 AM
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