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Delaware Asbestos Laws


Delaware asbestos laws focus primarily on the removal and disposal of harmful asbestos materials and compliance with federal requirements on environmental and workplace exposure.  The state of Delaware will certify all professionals that perform abatement work and supervise disposal efforts through the Solid Waste and Hazardous Waste Branch of the Department of Natural Resources & Environmental Control.

Notification requirements

For any substantial work to remove asbestos from a building, according to Delaware asbestos laws, you must give ten working days’ notice to the DNEC in case special precautions need to be taken or observed.  This is applicable to any renovation where at least 160 square feet or 260 feet of asbestos containing material will be removed from a structure.  Almost all abatement work will require the expert advice of an asbestos inspector licensed by the state.  Even if there is no asbestos present, Delaware asbestos law states that all demolition projects must be inspected for asbestos and submitted for approval by the state before the demolition can proceed.  This prevents accidental contamination.  You do not need to notify the state if you are renovating and there is asbestos below the previously mentioned threshold.

Can I remove asbestos from my own home?

You may, but you will want an asbestos inspector to evaluate your home before you proceed.  Often those removing asbestos on their own will cause accidental contamination by removing the asbestos improperly or releasing fibers accidentally.  Only single family, owner occupied homes may asbestos be removed by the owner.  Whenever this occurs, procedures for the safe disposal must be observed to avoid potential fines and other penalties.  You will not need to remove asbestos if it is indurate and in no danger of releasing harmful fibers.

How to I dispose of asbestos containing materials, according to Delaware asbestos laws?

The Delaware laws on asbestos abatement follow federal mandates to prevent the dumping or exposure of asbestos materials on the environment.  One must contact the Delaware Solid Waste Authority 24 hours in advance to make arrangements to transfer of deliver the asbestos containing material.  The state authority also maintains a list of waste haulers that can carry the asbestos containing materials on your behalf.

Can I file for asbestos litigation in Delaware?

Most asbestos claims will be determined in settlement by working with the employer or entity responsible for the exposure.  Still those that cannot reach a settlement and need to pursue a claim in court can do so without being hampered by restrictive laws on mesothelioma and other asbestos litigation.  You must have an asbestos related illness and be able to demonstrate how the defendant is responsible for the injury.  You will be able to find Delaware asbestos lawyers that are familiar with 

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