Michael Corling is waiting to hear if he will be forced to spend $1 million to clean up asbestos contamination on his property that he is not responsible for.
The Millers Forest man took delivery of what he thought was 2000 tonnes of clean fill for a flood mound last October.
However, representatives from the Environment Protection Authority soon came knocking seeking samples of the fill because it had been sourced from a Sydney-based company where asbestos had been found.
The bad situation took a turn for the worse on May 8 when the EPA's northern region director Adam Gilligan advised Mr Corling that he would be served with a clean-up notice for the contaminated fill.
"I couldn't believe what I was hearing. Rather than going after the criminals who supplied the asbestos they are coming after my wife and I with a $1 million clean-up notice," Mr Corling said.
An Environment Protection Authority spokesman told the Newcastle Herald that EPA was "liaising with" the Corlings on a option to deal with the contaminated waste on site, rather than requiring its removal.
"This will provide a more cost-effective solution than requiring off-site disposal," the spokesman said.
When asked when the EPA last contacted the Mr Corling about the matter, the spokesman agreed there had not been any communication since May 8.
He said the EPA's investigation into the Sydney-based company that provided the fill was ongoing.
"Following a recent routine inspection of the waste contractor's operations, the EPA found potential asbestos on site, which was removed prior to the laboratory test confirming asbestos. The EPA did not have sufficient evidence to stop the operations based on the inspection and prior to lab confirmation," the spokesman said.
In addition to the stress of not knowing if he will be served with the clean-up notice, Mr Corling is also paying a builder $1100 per month for the delays and over-runs on the house that was going due to be constructed.
"Our lives are on hold. We don't know if they are going to send us broke. " he said.
A letter written to the EPA by a lawyer representing Mr Corling says the suggestion that Mr Corling should receive a clean-up notice was "manifestly unreasonable, contrary to the objectives of the Protection of the Environment Operations Act 1997."
"It would be manifestly unjust in the circumstances if the EPA were to issue a Clean-Up Notice on our Client. Indeed, this would be a serious administrative failing on the part of the EPA," the letter says
Shadow environment spokeswoman Kate Washington described the EPA's handling of the matter as absurd.
"The EPA is responsible for prosecuting the perpetrators, issuing clean up notices and managing the pollution incident. In this case, they're letting the polluter off the hook, they're issuing the clean up notice on the victims, and expecting the Corlings to manage the asbestos themselves," she said.
"If this debacle can happen to the Corlings, it can happen to anyone in regional NSW. If the EPA refuses to do the right thing, the (environment) minister needs to step in and take action against the polluter."
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