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Posted by on November 11, 2008, 8:21 am
On Nov 10, 10:14=A0am, sa...@dog.com wrote:
> On Mon, 10 Nov 2008 07:01:33 -0800 (PST), trad...@optonline.net wrote:
> >You mean like this, from Cape May County NJ:
> >http://www.cmcmua.com/SOLID%20WASTE%20DISPOSAL%20PAGES/asbestos.htm
> >"The "Homeowner's Guide for the Disposal of Asbestos" is issued by the
> >CMCMUA to assist the homeowner when they are removing and disposing
> >asbestos from their personal residence.
> >Under current New Jersey Department of Environmental Protection
> >(NJDEP) and New Jersey Department of Labor Regulations (NJDOL), there
> >is nothing that prohibits the homeowner from removing, packaging and
> >disposing of asbestos roofing, siding and insulation from his personal
> >residence. =A0For further information on New Jersey asbestos
> >regulations, you may refer to the following websites:
> >http://www.state.nj.us/health/iep/asbestos_faq.shtml.
> >http://www.nj.gov/dep/dshw/rrtp/asbestos.htm"
> >Dumb ass. =A0 There it is for you and it couldn't be any clearer. =A0 Ye=
t,
> >I suspect you'll be back for another whooping.
> This does not address Federal Regulations. Just because local laws may
> or may not allow it, that doesn't trelease you from Federal
> regulations.- Hide quoted text -
> - Show quoted text -
So, what exactly is your point? Are you saying there is a federal
law that prohibits a homeowner from doing their own asbestos work or
removal? That is what was claimed and being discussed. No one
here ever denied there are regulations that must be followed, only
that it IS NOT ILLEGAL FOR A HOMEOWNER TO DO THE WORK THEMSELVES ON
THEIR OWN HOME THEY LIVE IN. And if there were a federal law making
it illegal for a homeowner to remove asbestos, do you actually believe
that the various state DEP authorities I've cited would put up
websites telling their residents that it's legal, how to do it, and
the procedures to follow? Of course if it were illegal under federal
law, the state agencies would just simply state that. Did you look
at the links I provided from WA, DE, UT, NJ where they outline how
residents may remove and dispose of asbestos?
And despite all that, if you still claim it's illegal under federal
law, then just provide us with a reference to back it up. I've asked
for it repeatedly and it hasn't been provided, because it doesn't
exist.
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Posted by on November 11, 2008, 9:23 am
On Tue, 11 Nov 2008 05:21:21 -0800 (PST), trader4@optonline.net wrote:
>On Nov 10, 10:14 am, sa...@dog.com wrote:
>> On Mon, 10 Nov 2008 07:01:33 -0800 (PST), trad...@optonline.net wrote:
>> >You mean like this, from Cape May County NJ:
>> >http://www.cmcmua.com/SOLID%20WASTE%20DISPOSAL%20PAGES/asbestos.htm
>> >"The "Homeowner's Guide for the Disposal of Asbestos" is issued by the
>> >CMCMUA to assist the homeowner when they are removing and disposing
>> >asbestos from their personal residence.
>> >Under current New Jersey Department of Environmental Protection
>> >(NJDEP) and New Jersey Department of Labor Regulations (NJDOL), there
>> >is nothing that prohibits the homeowner from removing, packaging and
>> >disposing of asbestos roofing, siding and insulation from his personal
>> >residence. For further information on New Jersey asbestos
>> >regulations, you may refer to the following websites:
>> >http://www.state.nj.us/health/iep/asbestos_faq.shtml.
>> >http://www.nj.gov/dep/dshw/rrtp/asbestos.htm"
>> >Dumb ass. There it is for you and it couldn't be any clearer. Yet,
>> >I suspect you'll be back for another whooping.
>> This does not address Federal Regulations. Just because local laws may
>> or may not allow it, that doesn't trelease you from Federal
>> regulations.- Hide quoted text -
>> - Show quoted text -
>So, what exactly is your point? Are you saying there is a federal
>law that prohibits a homeowner from doing their own asbestos work or
>removal? That is what was claimed and being discussed. No one
>here ever denied there are regulations that must be followed, only
>that it IS NOT ILLEGAL FOR A HOMEOWNER TO DO THE WORK THEMSELVES ON
>THEIR OWN HOME THEY LIVE IN. And if there were a federal law making
>it illegal for a homeowner to remove asbestos, do you actually believe
>that the various state DEP authorities I've cited would put up
>websites telling their residents that it's legal, how to do it, and
>the procedures to follow?
If you have paid all your state and local taxes, do you still need to
worry about Federal taxes?
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Posted by on November 11, 2008, 3:43 pm
On Tue, 11 Nov 2008 09:23:33 -0500, salty@dog.com wrote:
>On Tue, 11 Nov 2008 05:21:21 -0800 (PST), trader4@optonline.net wrote:
>>On Nov 10, 10:14Â am, sa...@dog.com wrote:
>>> On Mon, 10 Nov 2008 07:01:33 -0800 (PST), trad...@optonline.net wrote:
>>> >You mean like this, from Cape May County NJ:
>>> >http://www.cmcmua.com/SOLID%20WASTE%20DISPOSAL%20PAGES/asbestos.htm
>>> >"The "Homeowner's Guide for the Disposal of Asbestos" is issued by the
>>> >CMCMUA to assist the homeowner when they are removing and disposing
>>> >asbestos from their personal residence.
>>> >Under current New Jersey Department of Environmental Protection
>>> >(NJDEP) and New Jersey Department of Labor Regulations (NJDOL), there
>>> >is nothing that prohibits the homeowner from removing, packaging and
>>> >disposing of asbestos roofing, siding and insulation from his personal
>>> >residence. Â For further information on New Jersey asbestos
>>> >regulations, you may refer to the following websites:
>>> >http://www.state.nj.us/health/iep/asbestos_faq.shtml.
>>> >http://www.nj.gov/dep/dshw/rrtp/asbestos.htm"
>>> >Dumb ass. Â There it is for you and it couldn't be any clearer. Â Yet,
>>> >I suspect you'll be back for another whooping.
>>> This does not address Federal Regulations. Just because local laws may
>>> or may not allow it, that doesn't trelease you from Federal
>>> regulations.- Hide quoted text -
>>> - Show quoted text -
>>So, what exactly is your point? Are you saying there is a federal
>>law that prohibits a homeowner from doing their own asbestos work or
>>removal? That is what was claimed and being discussed. No one
>>here ever denied there are regulations that must be followed, only
>>that it IS NOT ILLEGAL FOR A HOMEOWNER TO DO THE WORK THEMSELVES ON
>>THEIR OWN HOME THEY LIVE IN. And if there were a federal law making
>>it illegal for a homeowner to remove asbestos, do you actually believe
>>that the various state DEP authorities I've cited would put up
>>websites telling their residents that it's legal, how to do it, and
>>the procedures to follow?
>If you have paid all your state and local taxes, do you still need to
>worry about Federal taxes?
No STATE law may transcend federal law. If federal law prohibits
something, no state law can allow it. The reverse is not true. Just
because federal law does not prohibit something does not mean state
law cannot.
One step further, municipal laws cannot transcend state laws, but can
prohibit things allowed by state law UNLESS the higher jurisdiction
specipically outlighns certain "rights".
In other words, if the feds say you can NOT do something, no state or
municipal law can allow it. If a federal or state law enshrines
something as a right, a lower level of government can NOT prohibit it.
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Posted by on November 11, 2008, 4:40 pm
On Tue, 11 Nov 2008 15:43:03 -0500, clare@snyder.on.ca wrote:
>On Tue, 11 Nov 2008 09:23:33 -0500, salty@dog.com wrote:
>>On Tue, 11 Nov 2008 05:21:21 -0800 (PST), trader4@optonline.net wrote:
>>>On Nov 10, 10:14 am, sa...@dog.com wrote:
>>>> On Mon, 10 Nov 2008 07:01:33 -0800 (PST), trad...@optonline.net wrote:
>>>> >You mean like this, from Cape May County NJ:
>>>> >http://www.cmcmua.com/SOLID%20WASTE%20DISPOSAL%20PAGES/asbestos.htm
>>>> >"The "Homeowner's Guide for the Disposal of Asbestos" is issued by the
>>>> >CMCMUA to assist the homeowner when they are removing and disposing
>>>> >asbestos from their personal residence.
>>>> >Under current New Jersey Department of Environmental Protection
>>>> >(NJDEP) and New Jersey Department of Labor Regulations (NJDOL), there
>>>> >is nothing that prohibits the homeowner from removing, packaging and
>>>> >disposing of asbestos roofing, siding and insulation from his personal
>>>> >residence. For further information on New Jersey asbestos
>>>> >regulations, you may refer to the following websites:
>>>> >http://www.state.nj.us/health/iep/asbestos_faq.shtml.
>>>> >http://www.nj.gov/dep/dshw/rrtp/asbestos.htm"
>>>> >Dumb ass. There it is for you and it couldn't be any clearer. Yet,
>>>> >I suspect you'll be back for another whooping.
>>>> This does not address Federal Regulations. Just because local laws may
>>>> or may not allow it, that doesn't trelease you from Federal
>>>> regulations.- Hide quoted text -
>>>> - Show quoted text -
>>>So, what exactly is your point? Are you saying there is a federal
>>>law that prohibits a homeowner from doing their own asbestos work or
>>>removal? That is what was claimed and being discussed. No one
>>>here ever denied there are regulations that must be followed, only
>>>that it IS NOT ILLEGAL FOR A HOMEOWNER TO DO THE WORK THEMSELVES ON
>>>THEIR OWN HOME THEY LIVE IN. And if there were a federal law making
>>>it illegal for a homeowner to remove asbestos, do you actually believe
>>>that the various state DEP authorities I've cited would put up
>>>websites telling their residents that it's legal, how to do it, and
>>>the procedures to follow?
>>If you have paid all your state and local taxes, do you still need to
>>worry about Federal taxes?
>No STATE law may transcend federal law. If federal law prohibits
>something, no state law can allow it. The reverse is not true. Just
>because federal law does not prohibit something does not mean state
>law cannot.
>One step further, municipal laws cannot transcend state laws, but can
>prohibit things allowed by state law UNLESS the higher jurisdiction
>specipically outlighns certain "rights".
>In other words, if the feds say you can NOT do something, no state or
>municipal law can allow it. If a federal or state law enshrines
>something as a right, a lower level of government can NOT prohibit it.
You really don't have the complete picture. Even in the federal
government, you can meet one federal law that is administered by one
department, and still not be free and clear of other regulations or
laws under the purview of another department.
You may need local, state and Federal permits, or even several permits
from various departments at each level, and they may all have
differing requirements. Sometimes they even have CONFLICTING
requirements, and you have to break one law to comply with another.
The Federal government may not prohibit a homeowner from removing
asbestos, but they may put such onerous restrictions and requirements
on it that it is not practical. Just because your local town or city
permits you to remove asbestos and take it to the dump in a garbage
bag, does not mean you have complied with all applicable state and
Federal requirements and laws.
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Posted by on November 11, 2008, 7:36 pm
On Tue, 11 Nov 2008 16:40:57 -0500, salty@dog.com wrote:
>On Tue, 11 Nov 2008 15:43:03 -0500, clare@snyder.on.ca wrote:
>>On Tue, 11 Nov 2008 09:23:33 -0500, salty@dog.com wrote:
>>>On Tue, 11 Nov 2008 05:21:21 -0800 (PST), trader4@optonline.net wrote:
>>>>On Nov 10, 10:14Â am, sa...@dog.com wrote:
>>>>> On Mon, 10 Nov 2008 07:01:33 -0800 (PST), trad...@optonline.net wrote:
>>>>> >You mean like this, from Cape May County NJ:
>>>>> >http://www.cmcmua.com/SOLID%20WASTE%20DISPOSAL%20PAGES/asbestos.htm
>>>>> >"The "Homeowner's Guide for the Disposal of Asbestos" is issued by the
>>>>> >CMCMUA to assist the homeowner when they are removing and disposing
>>>>> >asbestos from their personal residence.
>>>>> >Under current New Jersey Department of Environmental Protection
>>>>> >(NJDEP) and New Jersey Department of Labor Regulations (NJDOL), there
>>>>> >is nothing that prohibits the homeowner from removing, packaging and
>>>>> >disposing of asbestos roofing, siding and insulation from his personal
>>>>> >residence. Â For further information on New Jersey asbestos
>>>>> >regulations, you may refer to the following websites:
>>>>> >http://www.state.nj.us/health/iep/asbestos_faq.shtml.
>>>>> >http://www.nj.gov/dep/dshw/rrtp/asbestos.htm"
>>>>> >Dumb ass. Â There it is for you and it couldn't be any clearer. Â Yet,
>>>>> >I suspect you'll be back for another whooping.
>>>>> This does not address Federal Regulations. Just because local laws may
>>>>> or may not allow it, that doesn't trelease you from Federal
>>>>> regulations.- Hide quoted text -
>>>>> - Show quoted text -
>>>>So, what exactly is your point? Are you saying there is a federal
>>>>law that prohibits a homeowner from doing their own asbestos work or
>>>>removal? That is what was claimed and being discussed. No one
>>>>here ever denied there are regulations that must be followed, only
>>>>that it IS NOT ILLEGAL FOR A HOMEOWNER TO DO THE WORK THEMSELVES ON
>>>>THEIR OWN HOME THEY LIVE IN. And if there were a federal law making
>>>>it illegal for a homeowner to remove asbestos, do you actually believe
>>>>that the various state DEP authorities I've cited would put up
>>>>websites telling their residents that it's legal, how to do it, and
>>>>the procedures to follow?
>>>If you have paid all your state and local taxes, do you still need to
>>>worry about Federal taxes?
>>No STATE law may transcend federal law. If federal law prohibits
>>something, no state law can allow it. The reverse is not true. Just
>>because federal law does not prohibit something does not mean state
>>law cannot.
>>One step further, municipal laws cannot transcend state laws, but can
>>prohibit things allowed by state law UNLESS the higher jurisdiction
>>specipically outlighns certain "rights".
>>In other words, if the feds say you can NOT do something, no state or
>>municipal law can allow it. If a federal or state law enshrines
>>something as a right, a lower level of government can NOT prohibit it.
>You really don't have the complete picture. Even in the federal
>government, you can meet one federal law that is administered by one
>department, and still not be free and clear of other regulations or
>laws under the purview of another department.
>You may need local, state and Federal permits, or even several permits
>from various departments at each level, and they may all have
>differing requirements. Sometimes they even have CONFLICTING
>requirements, and you have to break one law to comply with another.
>The Federal government may not prohibit a homeowner from removing
>asbestos, but they may put such onerous restrictions and requirements
>on it that it is not practical. Just because your local town or city
>permits you to remove asbestos and take it to the dump in a garbage
>bag, does not mean you have complied with all applicable state and
>Federal requirements and laws.
That's not what I said.
there may be permits and paperwork up the wazoo - but if there is no
federal law explicitly saying you can NOT do it, and no state law
saying you can NOT do it, and no municipal law saying you can NOT do
it, and the only laws in place regulating it are (as it appears)
workplace safety laws and environmental disposal laws, then a
homeowner, not being bound by workplace safety laws, only needs to
concern himself with disposal, so far as legalities are concerned.
He cannot pay a labourer to help with the job, and he cannot do it on
a home he does not own. He WILL need disposal permits and/or need to
meet the disposal requirements.
As far as safety is concerned, he will need to keep it wet, and it
will be a very good idea to wear a good filtration mask, or even a
fresh air respirator. It will be a good idea to wear disposable
coverals to limit the transfer of asbestos dust from the worksite.
Asbestos is ONLY dangerous when airborn and if the dust is inhaled.
I worked with asbestos for years, and while many mechanics blew out
the brake dust I always used a water hose and washed the dust out of
the brakes.
As a child we would buy asbestos at the hardware store, mix it with
plaster of paris, and use it as a modeling/sculpturing "clay" to build
models.
The dust IS nasty - and care must be taken, but the whole asbestos
abatement hullabaloo is a lot of government CYA. A lot of licenced
burglary has been legitimized by some very suspect science - and
several on this newsgroup have not only been taken in by it, they have
become obsessed by it.
As for various ministries having conflicting laws, that's government.
Get used to it. If you have the "opportunity" to deal with Transport
Canada and the Ontario Department of Transport you will have a very
good education as to how a government department should NOT be run as
well as a classic example of not only the left hand not knowing what
the right hand is doing, but the right thumb not knowing what the
right index finger is doing (or that it even, in fact, exists)
If you take the time and find the person/persons who actually know
something about what the laws say, what they mean, and how they are
interpreted,it IS possible to get things done - and you CAN "fight
city hall".
Those who say something cannot be done should get out of the way of
those who have already done it.
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