North Carolina Asbestos Regulations 2024 Explained

Mesothelioma is a terminal cancer caused by asbestos exposure, and the use of his substance has been curtailed significantly throughout the United States over the past several decades. In North Carolina, asbestos regulations exist to minimize the risk of further harm from asbestos, and it is vital to understand these regulations and what they could mean for your situation if you are diagnosed with mesothelioma from asbestos exposure.

Important Asbestos Regulations

Every state in the country enforces different types of hazardous materials and environmental safety regulations, many of which pertain to dangerous materials found in all types of buildings. Asbestos was used as a common construction material throughout the United States for decades until the health risks of this substance became apparent, and every state has enacted laws aimed at curbing the negative effects of asbestos exposure.

State asbestos regulations intend to ensure accountability for any party who knowingly exposes others to asbestos in a property they control. These regulations extend to business owners as well as residential property owners and the brokers who manage the purchase and sale of these properties.

It is crucial for all property owners and brokers to know North Carolina’s asbestos regulations and follow them carefully; otherwise, they can face severe penalties:

• Any property owner or broker selling a property known to have asbestos must disclose this information to any potential buyer.
• When asbestos is found inside of a property, asbestos regulations dictate the rules for abatement, or minimizing the risk of the asbestos having adverse health effects. If anyone attempts to remove and/or dispose of asbestos incorrectly, they violate these regulations and can face serious penalties.
• State asbestos regulations stipulate specific rules for coordinating asbestos abatement and removal. Failure to conduct asbestos removal correctly can not only expose the removal crew to asbestos but also create a serious health hazard for others in the area. Only certain officially licensed parties are allowed to complete these activities.
• There are also strict regulations concerning the disposal of asbestos and asbestos products. Failure to follow these regulations can lead to penalties due to environmental destruction and creating a health hazard for the area.
• The state’s asbestos regulations determine penalties for a violation based on the severity of the violation, whether any fraud occurred to conceal a willful violation, air quality impact, environmental impact, and the extent of adverse health effects caused by the violation.

If you believe another party is responsible for you or your family member’s mesothelioma diagnosis, you have the right to pursue accountability and compensation. An experienced attorney can help you build your case, proving fault for the exposure and determining the extent of the damages you can claim. They will also be able to tell whether the at-fault party violated any applicable asbestos regulations and, if so, explain how they can help you hold them accountable.

When any party violates state asbestos regulations, and their actions have clearly resulted in harm to one or more victims, it can potentially lead to very serious penalties, escalating their fines dramatically based on the extent and severity of the exposure. Wallace & Graham, P.A., has the experience needed to handle the most challenging asbestos exposure cases in the state and can represent you in your impending case.

Asbestos Regulations FAQs

Q: Do You Have to Disclose Asbestos?

A: Yes, disclosing asbestos is a requirement for any real estate broker or property owner in the state. If someone is selling a property, they must advise any potential buyers of the presence of asbestos, toxic mold, lead-based paint, radon, or environmental hazards on the property. It is important to note that a disclosure form pertains to the broker’s or owner’s knowledge of a hazard, and it can be difficult to prove they had foreknowledge if asbestos is later discovered.

Q: Is Asbestos Banned in Homes?

A: Asbestos is not technically banned in homes in the state, but strict regulations apply pertaining to containment and removal, especially when it comes to renovation or demolition projects. Asbestos is still present in many buildings throughout the state, usually those built prior to 1980. If asbestos abatement is required for a home, it must be performed by a properly certified asbestos abatement professional.

Q: Are There County-Specific Asbestos Regulations?

A: Yes, there are county-specific asbestos regulations in North Carolina. Three counties in the state enforce asbestos regulations. In Buncombe County, the WNC Regional Air Quality Agency enforces asbestos regulations. The Office of Environmental Assistance and Protection is the regulatory agency for Forsyth County, and the Mecklenburg Land Use and Environmental Services Agency and Mecklenburg Air Quality manage regulations in Mecklenburg County.

Q: Who Is Liable for Asbestos Exposure?

A: It is possible for one or more parties to bear liability for asbestos exposure in North Carolina. Fault may fall on a property owner or employer, and it is also possible for an asbestos product manufacturer to be liable for an asbestos case. If you are unsure of the exact cause of your condition, it is important to consult an experienced mesothelioma lawyer in North Carolina who can determine your most viable legal options.

Q: What Kind of Penalties Are Available for Violating State Asbestos Regulations?

A: There are severe penalties for violating state asbestos regulations that can amount to several thousands of dollars for each day the violation persists. If any entity is found to have knowingly violated state asbestos regulations, the severity of the violation and any resulting damages will determine the fines they face. It is possible for these fines to reach a maximum of $10,000 per day for as long as the violation persists.

The skilled and compassionate team at Wallace & Graham, P.A., can assist you in building a comprehensive mesothelioma case in the state. Our firm focuses on asbestos exposure cases, and we know the North Carolina asbestos regulations that sometimes come into play in these cases. If you are unsure of your legal options after a mesothelioma diagnosis, we can help. Contact us today to schedule a free consultation, and we can discuss your case.