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LEAD SAFETY
TOOL KIT
for COUNCILS

A Tool Kit for making your community safe from lead

STEP 2: ACTION - BUILDING A LEAD SAFE LOCAL COMMUNITY

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STEP 2: ACTION -BUILDING A LEAD-SAFE COMMUNITY

Lead Safety for Council-Controlled Activities and Assets

Training of workers and employees in lead safety

Protecting your workers from lead hazards to comply with Occupational Health and Safety Regulations and WorkCover Guidelines.

Heritage and Lead

Alternatives to Lead Products

Regulatory and Planning Tools for a Local Lead Action Plan

Environmental Planning and Contaminated Land Management

Contaminated sites

Development Control Plan (DCP) for lead contamination

Standard Conditions

Lead Management Plans

Guidelines for Approval of Particular Types of Developments

Section 149 Certificates

Exempt, Complying and Integrated Developments

Rezoning and Lead

Pollution Control

Orders under Local Government Act, (LG Act), 1993

Waste Management

List of Resources Related To Step 2

Step 2: Action - Building A Lead-Safe Community

Acting upon the information collected from the local lead assessment is the next step towards your Local Lead Action Plan. It involves mainly adopting measures that will ensure:

  • Lead safety for council-controlled activities and assets
  • Lead safety in your community through regulatory and planning tools.

Lead Safety for Council-Controlled Activities and Assets

By becoming a 'lead-smart' council, you will protect your community from lead poisoning and at the same time prevent any potential lead related liability.

Adopt an asset management strategy that minimises adverse environmental impacts of council’s services and activities.

Since the early to mid 1990’s, an increasing number of councils have become aware of the hazards associated with lead and have adopted policies aimed at minimising adverse impacts on their community.

These measures have taken a variety of forms, including formulation of comprehensive lead action plans, lead abatement programs for council-owned buildings, or adoption of standard procedures for maintenance / renovation / demolition of buildings built before 1970.

Some NSW councils have adopted such measures, a few of them are mentioned in this document. Communicate with other Councils through the Council LEAD Project (CLP) e-group (http://groups.yahoo.com/group/CLP-NSW/) and exchange lead policy experiences.

Example: Lead abatement program of Ku-ring-gai Council owned Buildings

The Ku-ring-gai area contains many buildings built from the early 1900s to the present. Most of the Council-owned buildings were built prior to 1970, which has meant most, if not all, have been painted with lead based paint at one time or another. Council has been actively managing the issue, not only for health reasons but also the environmental risks associated with the degrading of lead-based paints. All relevant staff, namely Council painters and carpenters attend a comprehensive training course on how to treat areas that contain lead based paints.

Under our Environmental Management System (EMS) Policy Council makes a commitment to Utilise a risk management approach to minimise adverse environmental impacts of its services and activities. In keeping with this commitment, it was decided to use the maximum safety option in managing Council’s buildings that contain lead, namely lead abatement. The first step is to test for lead on the area to be worked on using a simple chemical lead test kit. If the test proves positive, the surface of the affected area is prepared then simply painted over to ‘cover’ the lead-based paint. This involves minimum surface preparation and maximum safety for Council staff, the public and the environment.

This simple policy contains all the basic elements of a lead safety policy. From the initial assessment of lead risk in the local area, it starts at council level by putting in place the condition of lead safety, training of relevant workers and systematic lead testing of council assets. It is a great start to a more comprehensive Lead Action Plan.

Following is a selection of components that have been included in local lead management policies:

  • Identification through systematic testing of all council-controlled buildings and infrastructure where lead paint could be present;
  • Assessment of identified lead risk buildings to establish the risks associated with it (dust / soil contamination) and develop maintenance strategy to minimise hazards;
  • Standard Lead Management Plan to be formulated;
  • Lead-safe procedures, as per Lead Management Plan, to be implemented for all pre 1970 buildings, when maintained, renovated or demolished. To include protective equipment for workers, removal of cavity dust, when relevant, prior to any work commencing and procedures for safe lead-based paint removal;
  • Standard clause requiring all council contractors to provide a Lead Management Plan and adopt lead-safe procedures when involved in work in buildings built prior to 1970;
  • Lead assessment to be conducted in all council controlled public areas frequented by children, including schools, childcare centres, caravan parks, libraries, halls, playgrounds and play equipment;
  • Initiate and organise lead awareness courses for all relevant council employees, covering the topics of lead sources, pathways, symptoms of lead poisoning and lead-safe management procedures;
  • Designate one or more council officers to be in charge of the lead issue, in-house and able to answer queries from residents - the Council LEAD Project Liaison Officer is to coordinate if more than one officer within council;
  • Train relevant council workers in lead-safe management – see sub-section below.

"Specification for surface preparation and repainting of lead paint on water supply pipe bridges", a lead-safe maintenance protocol was prepared for the Australian Water Technology (Sydney Water).

The newly adopted NSW Department of Housing policy on lead paint contains many interesting features which could inspire a council lead safety policy for all council owned or managed properties and infrastructures, in particular those frequented by children. Contact the Department of Housing for look up their website for details on the policy. (www.housing.nsw.gov.au).

Training of workers and employees in lead safety

Who should be trained?

Training allows a thorough understanding of applied knowledge of lead-safe management procedures which will protect the workers as well the public and the environment.

  • All council workers involved in maintenance and renovation to undertake specific training for lead-safe management;
  • All contractors working for councils should be required to have undertaken lead-safe management training in their area of expertise;
  • All Council employees who may have to deal with lead safety issues, including:
  • Environmental planning officers
  • Environmental management officers
  • Heritage officers
  • Council Lead Liaison Officer, or the member/s of staff who deal/s with queries from the public on lead related issues

Who can deliver training?

A number of organisations can deliver training in lead paint / dust management tailored to particular needs. They include Master Painters Australia (NSW), and Companies performing lead assessment. The contact details of these are provided in this kit. Contact them to discuss the details.

Lead-safe contractors

Council should enforce lead-safe management when the work involves contractors. This can be achieved in any of these ways:

  • include as a standard clause in each tender that the workers would have to be trained in lead management;
  • present the contractor with the list of lead safety questions such as the list compiled in the fact sheet "Hiring a Lead-Safe Contractor";
  • require a lead assessment and a Lead Management Plan for all buildings built prior to 1970 or testing positive for lead.

Protecting your workers from lead hazards to comply with Occupational Health and Safety Regulations and WorkCover Guidelines.

As employers, councils have to comply with the Occupational Health and Safety (OH&S) Act and Regulations (NSW Occupational Health and Safety Act, 2000 and NSW Occupational Health and Safety Regulations 2001), and provide their workers with a safe working environment. This statute incorporates the provisions of the National Occupational Health and Safety Commission: Control of Inorganic Lead at Work [NOHSC:1012(1994)].

Under the OH&S regulations, council’s obligations as an employer and in relation to lead safety include the general provisions of Chapter 2: Places of work risk management and other matters, and in particular:

Clause 9: Employer to identify hazards;

Clause 10: Employer to assess risks;

Clause 11: Employer to eliminate or control risks;

Clause 12: Employer to review risk assessments and control measures;

Clause 13: Employer to provide instruction, training and information;

Clause 15: Provision by an employer of personal protective equipment;

Clause 16: Employer to obtain information.

Also, pursuant to the OH&S Regulations 2001, specific provisions apply to lead processes (Part 6: Lead Processes and Lead Risk Work), entailing specific obligations, including:

Clause 201: Employer to control risks from lead;

Clause 202: Biological monitoring and health surveillance;

Clause 203: Employer to remove certain employees from lead risk work.

WorkCover Guidelines on Ceiling Dust Removal

WorkCover NSW has developed Guidelines on ceiling dust removal, "Assessment of Lead Exposure Associated with Ceiling Dust Removal" recommending a series of procedures in order to minimise health risk from exposure to the lead normally found in ceiling dust. One important recommendation is that the "ceiling must be cleaned of accumulated dust before commencing any work involving partial or complete removal of the ceiling itself."

The WorkCover Guidelines also state:

There are a number of guidance notes already in place, for example:

Other Relevant Australian Standards

  • AS 2601-1991 Demolition of Structures
  • AS 4361.1-1995 Guide to Lead Paint Management - Part 1: Industrial Applications
  • AS 4361.2-1998 Guide to Lead Paint Management - Part 2: Residential and Commercial Buildings

Heritage and Lead

Protection of natural and built heritage has become an important responsibility of councils, and almost every council counts in its staff a heritage officer.

Built heritage by definition raises lead issues. It is therefore of foremost importance that heritage officers in councils be trained on lead-safe management. Most heritage buildings were built at a time when paint contained up to 50% lead.

They would also have accumulated, over the years, loads of toxics including lead in ceiling and cavity voids and the soil around them is likely to be contaminated from previous exterior renovations. A Lead Management Plan should be required for any work on heritage buildings and lead-safe fact sheets should be on the desk of each heritage officer, for the benefit of the owners of such properties and of the community.

Alternatives to Lead Products

Where possible, replace lead products with lead free products.

Increasingly, alternatives to lead products are being developed. Show that you care and opt for the lead-free alternative.

Lead free solder, cables, electrical tape and flashing are some of the products being offered lead free. See Related Resources for information on these products.

When replacing old computers, opt for Liquid Crystal Display VDUs. That simple measure will reduce, by approximately 2 kilograms, the quantity of lead sitting on each employee’s desk.

Old VDUs should be re-used when possible. Contact Technical Aid to the Disabled (TAD), an organisation that collects used computers to give computer access to the disabled. Non-pentium computers will need to be recycled. Phone MRI on (02) 9729 4999 to ask what the options are.

Regulatory and Planning Tools for a Local Lead Action Plan

This section focuses on the regulatory and planning tools that can be used by councils and incorporated into a local Lead Action Plan to prevent any lead contamination or to remediate such occurrence.

These regulatory and planning tools enable councils to not only promote lead safety - see Step 3 - but also to impose and enforce it.

In the majority of local government areas, a large proportion of buildings were erected prior to 1970. In keeping with the principles of ecologically sustainable development (ESD) and in particular with the precautionary principle, council must assume that renovation or demolition of all buildings requires lead management procedures, unless proven otherwise.

Amongst the options available to council to minimise lead exposure in the context of developments, adopting a development control plan (DCP) for lead contamination, such as that proposed in the Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils is arguably the most efficient way of addressing the problem. It also constitutes a key element in any strategy to eliminate lead poisoning.

The DCP should be seen however as only one component of a Local Lead Action Plan. It is recommended that each council takes into consideration its own lead profile as well as its own circumstances, and develop its own Local Lead Action Plan.

Along this line, the purposes of this second step towards your Local Lead Action Plan are:

  • to explore the various powers available to councils that can be exercised to improve lead safety;
  • to consider how these powers can be used in the context of lead policies, guidelines and environmental planning instruments;
  • to provide proforma or examples of these documents, easily adaptable to Council's specific needs.

Councils are vested with statutory powers and with responsibilities in a number of areas relevant to lead safety.

Amongst them:

  • Environmental Planning
  • Contaminated Land
  • Pollution Control and Waste

Environmental Planning and Contaminated Land Management

Many of the activities that can result in lead hazards can be controlled by Councils through their development control powers under the Environmental Planning and Assessment Act 1979. The scope of council's power to impose conditions on a proposed development and enforce lead-safe work practices depends upon the type of development considered – complying, local, integrated, exempt or state-significant.

Refer to the flow chart "Assessing the risk of lead contamination" in the Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils for a detailed description of the assessment process according to the type of development as suggested in the example Development Control Plan.

It is important to highlight that where approval is not required, such as in the case of exempt development, council may require that the person carrying out the activity demonstrates either the absence of lead risk or that the activity is being carried out in a lead-safe manner.

When considering a development approval, Councils must take into account "the likely impact of that development, including environmental impact on both the natural and built environments, and social and economic impact", and "the public interest" (S.79c EP&A Act). Lead risk assessment and, when risk present, the necessary measures to prevent the release of lead into the environment, form part of the consideration of the likely impact of the development.

Contaminated sites

In NSW, local councils have particular responsibilities associated with land contamination and remediation. The Contaminated Land Management Act 1997 provides that management of contaminated sites that do not pose a significant risk of harm to human health or the environment, and hence are suitable for the current or approved use, through the land use planning processes.

In addition, local councils have a responsibility in insuring that land is not developed if it is unsuitable for a proposed use because it is contaminated. If the land is unsuitable, remediation must take place before the land is developed. The policy makes remediation permissible across the State, defines when consent is required, requires all remediation to comply with standards, ensures land is investigated if contamination is suspected, and requires councils to be notified of all remediation proposals (State Environmental Planning Policy No.55, Remediation of Land (SEPP 55) , clause 7).

The responsibilities of councils relating to contaminated land, in conjunction with the obligations and powers vested in council by the Environmental Planning and Assessment Act 1979 can be combined in a local policy such as a Development Control Plan on contamination issues in general or specifically on lead management.

At this point, it may be worth mentioning the information provided on the National Pollutant Inventory (NPI) www.npi.gov.au . It was designed to help governments at all levels with environmental planning and management and may be of assistance in determining potential contamination issues.

Development Control Plan (DCP) for lead contamination

Development Control Plans allow council to identify, in a systematic manner, requirements relating to development in their local government area that are or will be taken into consideration when determining a development application and when making a Local Environmental Plan (LEP) (as required by the Environmental Planning and Assessment Act 1979 and SEPP 55)

The provisions of a DCP supplement controls of the Local Environmental Plan, and usually contain more precise and detailed requirements than those of the LEP. The legal authority of DCPs is likely to increase with the review of plan-making in NSW, "Plan First" undertaken by Planning NSW, proposing that DCPs be deemed part of the Local Environmental Plan.

Some councils - such as Leichhardt Municipal Council - have adopted such an approach for some years, and have opted for the incorporation of the lead provisions in a DCP on Contaminated Land.

Other councils - such as Broken Hill Council - have preferred to adopt a DCP specifically on Management of Lead Contamination.

With the model DCP for Lead Contamination proposed as part of the Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils, it has now become much easier for councils to adopt an adequate lead-safe policy. This DCP was developed in association with the Lead Reference Centre (LRC), and local and state government representatives.

The aim of the proposed plan is "to minimise lead exposure to the public and lead pollution in the environment by requiring lead-safe work practices and controls and proper disposal procedures during development activities."

More specifically, the objectives of the plan are to:

  1. ensure that all development activities comply with acceptable environmental planning practices and standards;
  2. assist in achieving a consistent approach to the management of lead contamination;
  3. minimise the overall environmental impacts of lead contamination;
  4. minimise the effects of lead on the health of residents;
  5. provide advice to people and organisations on how to manage lead in their premises and the environment, matters that need to be considered and the actions to be carried out;
  6. provide advice to intending applicants on how to reduce and handle waste during the demolition and construction phase;
  7. provide for on-going control of lead in premises;
  8. provide guidance for council in undertaking its infrastructure management and maintenance functions.

A key feature of the DCP is to shift the onus of identifying potential lead risk onto the developer.

The Example DCP consists of:

General requirements, including:

  • assessment of lead risk circumstances through the completion of a 'lead risk assessment checklist'
  • preparation of a lead management plan where lead risk has been identified.

Specific requirements, relating to specified activities, as follows:

  • Renovation and refurbishment
  • Demolition
  • Landscaping and filling

In relation to each of these activities, the plan provides the basic safety procedures that should be complied with, and refers to relevant standards and regulation. More detailed information is provided in the Technical Notes component of the Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils.

Following are policy elements that council can choose to adopt independently or as part of a DCP.

In many other local government areas, the authority opted for the adoption of standard conditions of consent.

Standard Conditions

In the absence of a DCP on lead, council may be satisfied with the adoption of standard conditions for development / demolition, that ensure:

  1. the onus of proof of the absence of lead risk shifted onto the developer;
  2. a requirement for a lead management plan where lead risk has not been determined, or has been revealed by the assessment;
  3. a recommendation to obtain advice from the Lead Advisory Service Australia.

A number of councils have adopted this approach, and standard conditions can be adapted from the provisions of the example DCP on lead contamination developed by the EPA in Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils.

Through the Council LEAD Project e-group, you can discuss the provisions incorporated in other councils' Standard Conditions of Consent in relation to lead.

Lead Management Plans

When lead risk has been identified, an example Lead Management Plan can be developed by councils to assist the developers with the requirements of the conditions of consent.

Two Lead Management Plan scenarios are proposed in the Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils in Technical note 6.

Guidelines for Approval of Particular Types of Developments

Proper lead management can be encouraged by council through the development of guidelines for particular types of developments, such as Heritage properties and children's services.

Heritage Properties

As mentioned previously, heritage properties have inherent lead risks, and when guidelines for approval of heritage properties have been developed, council must ensure that they incorporate provisions relating to lead safety. In the same way as the NSW Dept of Public Works & Services (DPWS) has done for schools a maintenance, councils could require that only AS 4361 trained painters should be employed for heritage building renovation and maintenance.

Children's Services

Children are particularly at risk of lead poisoning, and it is essential that specific procedures be put in place by councils in order to:

  • ensure that all children's services premises have been the subject of a professional lead assessment;
  • ensure that all children's services staff is aware of and comply with the "Lead Hazard Management in Children's Services" booklet produced by NSW Children’s Services Health and Safety Committee;
  • address any lead risk as a matter of urgency, using contractors or consultants with appropriate lead training or experience.

Where Local Approval Policy has been developed, defining conditions that must be met in order to grant permission to erect a childcare centre, to approve modifications to a building to become a childcare centre, or to define orders that are applicable to children's services under Section 124 of the Local Government Act 1993, it is important that lead risk is considered. This might involve:

  • Location requirements. Locations to be avoided include:
  • proximity to major roads carrying a risk of lead dust resulting from years of lead additives to petrol, as well as exposure to other vehicle pollution including particulates, ground level ozone, carbon monoxide, oxides of nitrogen, carcinogens in diesel emissions, etc.
  • proximity to industrial activities carrying lead risk such as smelters, mines, petrol stations, as well as exposure to other emissions such as other heavy metals, sulphur dioxide, sulphur trioxide, etc.
  • Soil testing to ascertain the absence of soil contamination;
  • Removal of all lead paint when present, such as is required by the Schools Facilities Standards Guide Note 4.1 on Lead Based Paint Removal by the NSW Department of Public Works and Services. This 1999 Guide Note states:
  • Remove paint containing greater than 0.25% lead prior to the preparation of substrate to receive systems specified.

    Standards: To AS 4361.2

    - All lead based paint is to be removed completely back to substrate.

    - Removal method is to be non dust producing, (ie. not abrasive blasting or mechanical sanding).

  • Inspection: On completion notify the Superintendent who will arrange for the site to be tested and issue of a Clearance Certificate when all work is satisfactorily completed.
  • Protection of Children: Children are to be kept out of work areas at all times until the Clearance Certificate has been issued. All work except for minor remedial work is to be carried out during school holidays. Minor remedial works is to be carried out outside school hours.
  • Protection of Workers: Showers are to be provided on or near site and all workers are required to shower before leaving the site at the end of each work day.
  • Repainting: Repainting process is only to be carried out after the Superintendent/Superintendent's Representative has issued a Clearance Certificate. Painting of adjacent surfaces must not be carried out during the lead based paint removal process.
  • Returfing: Where lead based paint removal has been carried out on external surfaces, bare soil adjacent to the removal site is to be tested and, if contaminated, removed to a depth of 100 mm and replaced with fresh top soil and turf.
  • Lead testing of the drinking water, especially if tank water (including rainwater, dam water, river water or bore water)
  • Systematic lead assessment of the premises.

Section 149 Certificates

The Environmental Planning and Assessment Act 1979 provides that, upon demand, a council shall issue a certificate spelling out the legal ground rules for development of any piece of land within the council area.

A number of prescribed matters are required to be listed by council in Section 149(2) certificates. This includes specific notations when restriction is placed on the land in relation to contaminated land (pursuant to section 59(2) of the Contaminated Land Management Act 1997): If the land is within an investigation area or remediation site, if it is subject to an investigation or remediation order, if the land is the subject of a voluntary investigation or if it is subject to a site audit statement.

Section 149(5) certificates provide for annotation if land has been remediated or investigated and found to be uncontaminated.

However, there is no provision for council to provide information to prospective buyers on the potential for indoor contamination.

It would be a useful initiative for councils to mention the necessity to consider indoor contamination when section 149 certificates are issued.

State Significant Developments

State significant developments need to comply at minimum with local development, which will include lead-safe conditions when they have been made part of council policy.

Exempt, Complying and Integrated Developments

Lead risk is also present when the nature of the development does not require approval. When a DCP or standard conditions have been adopted by council, it is important that they stress that they also apply to developments exempt of consent, although they may be in that case more difficult to enforce.

Councils which have included provisions for exempt developments in their Local Environmental Plan have the opportunity to include requirements relating to lead risk assessment and when lead risk is present, council may require that lead-safe procedures be applied.

For councils that have not specifically provided for exempt developments, the SEPP No. 60 on Exempt and Complying development applies. There is no specific reference to lead safety in the Plan however it provides that an exempt development must not "create interference with the neighbourhood because it … creates fumes … dust …." (Part 2 Cl. b (iii)), inferring that lead fumes or dust should not interfere with neighbours.

For complying developments, councils or accredited certifiers must consider whether or not the development complies with any application and conditions imposed in an LEP/ DCP (EPA Act s. 85 A (3)), and thus would be required to comply with the lead-safe conditions if adopted as part of a DCP.

Rezoning and Lead

There is a considerable burden on council to ensure safety of use when a change of use of land is considered requiring rezoning.

Lead contamination may be an issue, in particular when the land borders lead work activities, and when residential use or use involving the presence of children is considered. Council has a duty to seek further information from the proponent and be satisfied that the land is suitable for the proposed used. If this is not the case, further investigation or remediation may be required, as provided by the Contaminated Land Management Act 1997 and the National Environment Protection (Assessment of Site Contamination) Measure 1999.

Pollution Control

When planning control has failed to prevent lead contamination, council resort to its pollution control powers to prevent or remediate any occurrence of lead contamination.

The Protection of the Environment Operations Act (POEO Act), 1997, gives the local authority power to issue Prevention and Clean Up Notices.

Prevention notices (Part 4.3) can be issued when Council "reasonably suspects that an activity has been or is being carried on in an 'environmentally unsatisfactory manner'. The notice can be issued to the occupier of the premises concerned and/or to the person who is carrying on the activity. The prevention notice must be given in writing and must specify both the action that must be taken to ensure that the activity is carried on in an environmentally satisfactory manner, and the period within which the action must be taken. A minimum of 21 days must be given before the action has to be taken."

Clean up notices (Part 4.2) can be used to prevent contamination, including lead contamination. Such notices can be issued when Council "reasonably suspects that a ‘pollution incident’ has occurred or is occurring, or which occurrence is imminent."

The notice can be issued by the appropriate officer to the occupier of the premises or/and to the person who is reasonably suspected of causing, having caused, or is just about to cause a pollution incident.

Orders under Local Government Act, (LG Act), 1993

Section 124 - 21 of the LG Act provides that councils may order a person to do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition".

Clearly an order to restrain from proceeding with activities such as renovation / demolition / maintenance presenting a lead hazard without observing the proper work practices, or an order to remove peeling lead paint with lead-safe procedures for such activities would fall into that category.

Prior to giving the order, council must give notice to the person of its intention to give the order, and specify the period of time and advise him/her of his/her rights to make a representation to the council (Section 132 LG Act)

Councils may develop a Local Order Policy to define orders applicable to children's services, allowing council to promptly rectify a situation where it is found that the children's service operators are neglecting lead-related health and safety issues.

Waste Management

In NSW, waste management is the primary responsibility of the waste generator and includes waste classification, ensuring the use of a licensed transporter where required and ensuring that the waste is taken to a suitable waste facility.

The legislation pertaining to waste management (Waste Avoidance and Resource Recovery Act 2001, Protection of the Environment Operations Act, 1997) is administered by the NSW Environment Protection Authority. The EPA has also developed "Environmental Guidelines: Assessment, Classification and Management of Liquid and Non-Liquid Wastes".

The Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils contains a "Technical Note 5" on Waste Management, including a flow chart for "Solid waste contaminated with lead".

Notwithstanding its lead content, non-liquid waste from domestic and educational premises, including lead paint waste or cavity dust waste, is classified as:

  • solid waste, if the lead contaminated paint or dust has been removed from the building, and can be disposed of in a solid waste landfill, provided it is packaged appropriately. Recycling, for large quantities of lead contaminated waste, may be considered, or
  • inert waste, if the lead paint or dust is part of building demolition waste.

For lead contaminated solid waste originating from buildings or structures other than residential or educational premises, including factories, workshops, offices and shops, the disposal requirements are dependent upon the classification of the waste, according to the NSW Protection of the Environment Operations Act 1997.

Liquid lead-contaminated waste, such as waste from wet abrasive blast cleaning or chemical stripping, is to be tested in order to determine its classification. In the Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils, the EPA’s advice for the management of that type of waste is, for the generator of the waste to "refer to the Waste Guidelines for the appropriate classification, handling and disposal. Depending on the quality, liquid waste may be discharged to the sewer with the prior approval of the local sewerage authority or council. Licensed liquid waste treatment facilities can also offer advice".

List of Resources Related To Step 2

Subject Area /
Title

Where To Find It

Author / Source

LEAD SAFETY FOR COUNCIL CONTROLLED ACTIVITIES AND ASSETS
EPA Lead Guide for Councils Distributed by EPA (ph 131 555) Lead Reference Centre and NSW EPA
Managing Urban Stormwater Pollution – Westfield Mt. Druitt www.blacktown.nsw.gov.au/stormwater/science.html
No longer available
Blacktown City Council
Booklet: Lead Hazard Management in Children's Services NSW EPA (ph 131 555) NSW Children’s Services Health and Safety Committee auspiced by AECA (NSW Branch)
Department of Housing – Policy REP0000: Lead Paint www.housing.nsw.gov.au NSW Department of Housing
LEAD SAFETY TRAINING SCHEMES, SERVICES AND PRODUCTS
Hiring a Lead-Safe Contractor AND Making Lead-Smart Contractors CLP Tool Kit

www.lead.org.au/lat/lat008.html; www.lead.org.au/lat/lat009.html

The LEAD Group, Lead Aware Times Vol.1 No.1
Painting contractors AS 4361 training, in Sydney area, in NSW outside Sydney area, and in ACT www.lead.org.au/clp/sydpaint.html

www.lead.org.au/clp/NSWPaint.html

www.lead.org.au/clp/ACTpaint.html

The LEAD Group
Materials and Environmental Investigations (including Lead Paint Management Services and Training) CLP Tool Kit (in Step 1).

Phone (02) 9736 3911 or email [email protected] for multiple copies or down-load from www.lead.org.au/clp/products/CTIBrochure.pdf

CTI Consultants
Lead Paint Management Services. CLP Tool Kit (in Step 1).

Phone (02) 9690 2599 or email [email protected] for multiple copies or down-load from www.lead.org.au/clp/products/JBSLeadPaintManagementServices.pdf

JBS Environmental Services and Technologies
Enviro Check Company profile CLP Tool Kit (in Step 1).

Phone (02) 4647 1242, 0418 490 323 or email [email protected] for multiple copies or down-load from www.lead.org.au/clp/products/EnviroCheck.doc

Enviro Check
Lead Paint Hazard Management for Contractors and Supervisors CLP Tool Kit.

Phone MPA NSW for info on venue and date of upcoming courses, on 02 9758 8877 or Free Call: 1800 4851 224 for callers outside Sydney

www.mpa.org.au

Master Painters Australia (MPA)
APAS [Australian Paint Approval Scheme] and PCCP - Partners in Maximising Time To First Maintenance CLP Tool Kit.

Order multiple copies from PCCP on (03) 9248 4938. Go to www.apas.gov.au/pccp/index.htm for list of PCCP Class 5 (includes lead) accredited contractors by state

Painting Contractor Certification Program (PCCP)
US Video: Lead: Treat it with Respect from Handling Hazardous Materials series Order multiple copies from Future Media on (02) 9279 4499 Future Media Pty Ltd
Order form for informative video: Lead - Treat It With Respect CLP Tool Kit Order multiple copies from Future Media on (02) 9279 4499
www.lead.org.au/clp/products/Hazard Awareness.doc
Future Media Pty Ltd
EMPLOYING LEAD-SAFE CONTRACTORS, COMPLYING WITH LEAD-SAFE PROCEDURES
Painting contractors with AS 4361 training, in Sydney area, in NSW outside Sydney area, and in ACT www.lead.org.au/clp/sydpaint.html

www.lead.org.au/clp/NSWPaint.html

www.lead.org.au/clp/ACTpaint.html

The LEAD Group
Lead Dust Removal (flyer) CLP Tool Kit

For multiple copies contact Demand Insulation on 1800 678 261

www.adra.com.au

Australian Dust Removalists Association (ADRA)
Code of Practice For Ceiling Dust Removal CLP Tool Kit

For multiple copies contact Demand Insulation on 1800 678 261

www.adra.com.au

Australian Dust Removalists Association (ADRA)
Good News on Stormwater
Lead Acid Batteries - the New Stormwater Issue?
www.lead.org.au/lanv6n3/lan6n3-9.html Ted Floyd with source list by Elizabeth O’Brien
LEAD SAFETY OF COUNCIL WORKERS
Occupational Health and Safety Act, 2000 and Occupational Health and Safety Regulations, 2001 NSW Legislation

www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+648+2001+cd+0+N

Administered by WorkCover NSW
National Standard for the Control of Inorganic Lead at Work [NOHSC:1012(1994] www.ascc.gov.au/NR/rdonlyres/31042763-B7ED-4F51-B95D-
191E3CA7D378/0/leadstandard_NOHSC1012_1994.pdf
The Australian Safety and Compensation Council
WorkCover Advice for Ceiling dust Removalists www.lead.org.au/lanv7n2/L72-6.html WorkCover NSW LEAD Action News Vol 7 No. 2
AS 2601 (1991) - Demolition of Structures www.standards.com.au Standards

Australia

AS 4361.1 (1995), Guide to Lead Paint Management - Part 1: Industrial Applications www.standards.com.au Standards

Australia

AS 4361.2 (1998) - Guide to Lead Paint Management - Part 2: Residential and Commercial Buildings www.standards.com.au Standards

Australia

The Six Step Guide to Painting your Home (4th Edition) - Lead Alert CLP Tool Kit

The Six Step Guide To Painting Your Home (order printed copy)

Environment Australia
HERITAGE AND LEAD
Lead paint in heritage houses - Case Study www.lead.org.au/clp/racs.html Robert Aurisch
ALTERNATIVES TO LEAD PRODUCTS
Lead-Free Products CLP Tool Kit

Including lead free solder, cables, plastic electrical and duct tape, flashing

www.lead.org.au/clp/products/products.html

The LEAD Group
Lead Free No Risk - Nitto Denko Now Lead Free Plastic Electrical and Duct Tape CLP Tool Kit

For multiple copies ph Nitto Denko on (03) 97993100 or down-load from www.lead.org.au/clp/products/NittoDenkoflyer.pdf

Nitto Denko
Computer recycling www.technicalaid.org.au Technical Aid to the Disabled
REGULATORY AND PLANNING TOOLS FOR A LEAD ACTION PLAN
EPA Lead Guide for Councils

Regulatory tools and planning tools

Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils Section 1, Management of Lead Contamination Lead Reference Centre and NSW EPA
The Handbook on the New Environment Protection Legislation relates to the Contaminated Land Management Act 1997 and the Protection of the Environment Operations Act 1997. www.epa.nsw.gov.au/legal/handbook.htm

www.austlii.edu.au/au/legis/nsw/consol_act/clma1997238/

www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455/

NSW EPA, NSW Parliament
Gas works and Soil Contamination - a case study http://www.lead.org.au/clp/cs2.html The LEAD Group
State Environmental Planning Policy (SEPP) 55 Planning NSW

www.austlii.edu.au/au/legis/nsw/consol_reg/seppn55rol537

Planning NSW
Managing Land Contamination Guidelines www.epa.nsw.gov.au NSW EPA
Management of Land Contamination Act 1997 Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils in Technical note 6 Administered by NSW EPA
Lead Management Plans scenarios Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils in Technical note 6 Lead Reference Centre and NSW EPA
Waste Management, including a flow chart for "Solid waste contaminated with lead" Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils in Technical note 5 Lead Reference Centre and NSW EPA
Waste Avoidance and Resource Recovery Act, 2001 www.epa.nsw.gov.au/waste/warra.htm

www.austlii.edu.au/au/legis/nsw/consol_act/waarra2001364/

Administered by NSW EPA
Protection of the Environment Operations Act, 1997 www.epa.nsw.gov.au/legal/aboutpoeo.htm

www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455/

The EPA has established the POEO Service Centre to answer questions about administrative and licensing procedures relating to the requirements of the POEO Act. Licensees should phone 133 372 (8.30am-5.00pm Mon to Fri), fax (02) 9995 5921, or email [email protected]

Administered by NSW EPA
Local Government Act, 1993 http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Regulations/infopaper3.pdf

www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/

Administered by the NSW Dept of Local Government
SAMPLE / PRO FORMA ORDERS AND POLICY
Guide to Notices under the POEO Act 1997, including proforma clean up and prevention notices http://www.epa.nsw.gov.au/mao/notices.pdf NSW EPA
Standard lead-safe demolition condition www.lead.org.au/lat/lat004.html Leichhardt Municipal Council
Lead Aware Times Vol 1 No.1
Sample development plan: contaminated land management, Leichhardt DCP No.42 Phone Leichhardt Municipal Council on (02) 9367 9222 Leichhardt Municipal Council
EPA Example DCP on lead Managing Lead Contamination in Home Maintenance, Renovation and Demolition Practices: A Guide for Councils

NSW EPA (131 555)

Lead Reference Centre and NSW EPA, 
City of Broken Hill Development Control Plan No.11 Management of Lead Contamination Sample Lead DCP, August 2000

City of Broken Hill Tel. (08) 8080 2270)

City of Broken Hill
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