Notes: On 13 August 2014 the Environment Protection Authority issued notice No. 20144425 to repeal this Management Order.

On 10 December 2013 the Environment Protection Authority issued notice No. 20134444 to amend this Management Order.

On 22 July 2013 the Environment Protection Authority issued notice No. 20134422 to amend the actions required under this Management Order and the completion dates for those actions.

On 13 December 2012 the Environment Protection Authority approved an extension to certain deadlines under this Management Order. 

Environment Protection Authority

Management order

(Section 14 of the Contaminated Land Management Act 1997)

Order Number 20121405; Declaration Number 20091102 Area Number 3267

Service: By Registered Mail

Tetra Pak Manufacturing Pty Ltd (ACN 004 435 901)

2A Hill Road

Homebush Bay NSW 2127

Attention:  Mr Noel Ayre

Background

A. On 30 June 2010 the Environment Protection Authority (“EPA”) declared significantly contaminated land (No. 20091102) comprising Lot 202 Deposited Plan 1102769, Lot 1 Deposited Plan 792666 – 6 Foray Street, Yennora, NSW (“the land”).

B. The land was declared because the EPA had reason to believe that the land was contaminated in such a way as to warrant regulation under the Act.

C. On 2 November 2010 the EPA wrote to Tetra Pak Marketing Pty Ltd, a wholly owned subsidiary of Tetra Pak Manufacturing Pty Ltd, stating that a finalised Voluntary Management Proposal (VMP) should be provided to EPA by no later than the 17 January 2011, and advising Tetra Pak Marketing Pty Ltd that if a VMP is not provided by the deadline stated above, EPA will consider issuing a management order.

D. A finalised VMP has not been received by the stated deadline.

Under the Contaminated Land Management Act 1997 ("the Act"), a management order may be issued to "an appropriate person" within the meaning of the Act.  A person who had responsibility for the contamination under section 6 of the Act to which the order relates is an appropriate person within the meaning of the Act.

The EPA determined that Tetra Pak Manufacturing Pty Ltd is the person responsible for the contamination and requests by this order to assess the nature, extent and potential risks which the previously reported contamination may pose.

Land to which this order applies

This order applies to all of the significantly contaminated land in declaration number 20091102 made on 30 June 2010, comprising:

Description	Address
Lot 202 in  DP 1102769 and Lot 1 DP 792666	6 Foray Street, Yennora, NSW

Persons served with copy of this order

The persons who are required to be served with a copy of this order for the purposes of s14(2) of the Act are listed in the following table.

Land	Person
Lot 202 in DP 1102769	Challenger Listed Investments Ltd GPO Box 3968 Sydney NSW 2001
Lot 1 in DP 792666	Holroyd City Council P.O. Box 42 Merrylands NSW 2160

Nature of contamination and risk of harm affecting the land

The substances causing the contamination (the “significant contaminants”) are:

Chlorinated hydrocarbons (notably Trichloroethene (TCE), Dichloroethene (DCE) and Tetrachloroethene (“the significant contaminants”).

The EPA believes that the land is contaminated and that the contamination is significant enough to warrant regulation, for the following reasons:

§ The contaminants have migrated from the land.  The substances were identified beneath a stormwater discharge point in a pool of water immediately beyond the boundary of the site.

§ Two (2) groundwater plumes of the contaminants have been identified onsite and in close proximity to the boundaries.    Concentration of these substances in groundwater exceed the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC 2000) trigger levels for the protection of 95% of species, and the recommended screening values for recreational waters in the Australian Government National Health and Medical Research Council Guidelines for Managing Risks in Recreational Water (NHMRC 2008).  Based on the geological and hydrogeological conditions, the groundwater plumes are likely to discharge offsite and potentially impact Prospect Creek.

§ There is a potential for harm to occur in that the groundwater contamination could degrade the aquatic ecosystem of Prospect Creek and limit its use by the public for recreational purposes.

§ There is a potential for contaminants in the groundwater plumes to migrate as vapours into the buildings in the affected area over time.  On this basis, onsite workers may be exposed to volatile organic compound vapours inside the buildings.

Action required by this order

By this notice the EPA orders Tetra Pak Manufacturing Pty Ltd as the appropriate person responsible for the contamination of the land to which this order relates to do the following:

A. Prepare and implement a Sampling, Analysis and Quality Plan

1. Prepare a Sampling, Analysis and Quality Plan (SAQP) to enable the refinement of the conceptual site model (CSM) so that appropriate remediation (if required) can be planned.  The objectives of the SAQP must include:

1. Delineation of the groundwater contamination;
2. Assessment of whether impacted groundwater from the site is discharging into Prospect Creek via the site stormwater drainage system;
3. Assessment of the water quality within Prospect Creek to determine if it is being adversely affected as a result of discharge of impacted groundwater and/or stormwater from the site; and
4. Assessment of soil vapours and their associated risks to human health.

2. Provide a report containing the CSM and SAQP to the EPA for review and approval.
3. Provide a report containing the CSM and SAQP to the owners of the land to which the order applies.
4. Implement the SAQP as approved in writing by the EPA, including taking the following actions:

i. Carry out necessary field work;

ii. Update the CSM;

iii. Prepare an investigation report;

iv. Provide the investigation report to the EPA for review and approval;

v. Provide the investigation report to the owners of the land to which the order applies.

B. Carry out a quantitative human health and ecological risk assessment to assess whether unacceptable risks to potential receptors exist. 

1. Carry out a quantitative human health and ecological risk assessment to assess whether unacceptable risks to potential receptors exist and prepare a report which includes:

i. The quantitative human health and ecological risk assessment;

ii. An updated CSM;

iii. Remedial objectives for remediation if required.

2. Provide the risk assessment report to the EPA for review and approval.
3. Provide the risk assessment report to the site owners of the land to which the order applies.

C. Engage an accredited Site Auditor under the Act to prepare a Site Audit Statement and Site Audit Report

1. Engage an accredited Site Auditor under the Act to prepare a Site Audit Statement and Site Audit Report for the purpose of reviewing the reports produced in relation to this order.
2. Provide the Site Audit Statement and Site Audit Report to the EPA for review.
3. Provide the Site Audit Statement and Site Audit Report to the owners of the land to which the order applies.

D. Carry out directions consistently with guidelines

1. Carry out the directions in this order consistently with any relevant guidelines made or approved by the EPA under section 105 of the Act.

Timing of the actions required by this order

The actions required by this order must be completed in accordance with the following table as may be varied from time to time by the EPA in writing.

Action	Reference	Date
Provide CSM and SAQP to the EPA	A. (2)	23 July 2012
Provide CSM and SAQP to the owners of the land to which the order applies	A. (3)	23 July 2012
Provide investigation report to the EPA	A. (4) (iv)	21 December 2012
Provide investigation report to the owners of the land to which the order applies	A. (4) (v)	21 December 2012
Provide risk assessment report to the EPA	B. (2)	29 March 2013
Provide risk assessment report to the owners of the owners of the land to which the order applies	B. (3)	29 March 2013
Provide Site Audit Statement and Site Audit Report to the EPA	C. (2)	24 May 2013
Provide Site Audit Statement and Site Audit Report to the owners of the land to which the order applies	C. (3)	24 May 2013

[Signed]

NIALL JOHNSTON

Manager Contaminated Sites

(by delegation)

Date: 29 June 2012

NOTE:

Cost Recovery

Section 34 of the CLM Act allows the EPA to recover its costs in connection with the issue of, monitoring actions of and seeking compliance with a remediation order.

Information recorded by the EPA

Section 58 of the CLM Act 1997 requires the EPA to maintain a public record.  A copy of this management order will be included in the public record.

Information recorded by councils

Section 59 of the Act requires the EPA to give a copy of this order to the relevant local council.  The council is then required to note on its planning certificate issued pursuant to s.149 (2) of the Environmental Planning and Assessment Act 1979 that the land is currently subject to a management order.  The EPA is required to notify council as soon as practicable when the order is no longer in force and the notation on the s.149 (2) certificate can be removed.

Relationship to other regulatory instrument

This order does not affect the provisions of any relevant environmental planning instruments which may control the land on which the land is located or provisions of any other environmental protection legislation administered by the EPA.

Guidelines made or approved under section 105 of the CLM Act.

All the investigation or remediation must be carried out consistent with guidelines made or approved under section 105 of the CLM Act. See http://www.environment.nsw.gov.au/clm/guidelines.htm.

Guidelines made or approved by the EPA under section 105 of the Contaminated Land Management Act 1997

July 2009

---

Guidelines made by the EPA

• Contaminated Sites: Guidelines for Assessing Service Station Sites, December 1994.
• Contaminated Sites: Guidelines for the Vertical Mixing of Soil on Former Broad-Acre Agricultural Land, January 1995.
• Contaminated Sites: Sampling Design Guidelines, September 1995.
• Contaminated Sites: Guidelines for Assessing Banana Plantation Sites, October 1997.
• Contaminated Sites: Guidelines for Consultants Reporting on Contaminated Sites, November 1997.
• Contaminated Sites: Guidelines for Assessing Former Orchards and Market Gardens, June 2005.
• Contaminated Sites: Guidelines for the NSW Site Auditor Scheme (2nd edition), April 2006.
• Contaminated Sites: Guidelines for the Assessment and Management of Groundwater Contamination, March 2007.
• Contaminated Sites: Guidelines on the Duty to Report under the Contaminated Land Management Act 1997, June 2009.

Note: All references in the EPA's contaminated sites guidelines to the Australian Water Quality Guidelines for Fresh and Marine Waters (ANZECC, November 1992) are replaced as of 6 September 2001 by references to the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC and ARMCANZ, October 2000), subject to the same terms.

Guidelines approved by the EPA

• Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, published by Australian and New Zealand Environment and Conservation Council and the National Health and Medical Research Council (NHMRC), January 1992.
• Australian and New Zealand Guidelines for Fresh and Marine Water Quality. Australian and New Zealand Environment and Conservation Council and Agriculture and Resource Management Council of Australia and New Zealand, Paper No 4, October 2000.

EnHealth (formerly National Environmental Health Forum monographs)

• Composite Sampling, by Lock, W. H., National Environmental Health Forum Monographs, Soil Series No.3, 1996, SA Health Commission, Adelaide.
• Environmental Health Risk Assessment: Guidelines for assessing human health risks from environmental hazards, Department of Health and Ageing and EnHealth Council, Commonwealth of Australia, June 2002.

National Environment Protection Council publications

National Environment Protection (Assessment of Site Contamination) Measure 1999

• The Measure includes a policy framework for the assessment of site contamination, Schedule A and Schedule B.

(I) Schedule A

• Recommended General Process for the Assessment of Site Contamination.

(II) Schedule B -Guidelines

(1) Guideline on Investigation Levels for Soil and Groundwater

(2) Guideline on Data Collection, Sample Design and Reporting

(3) Guideline on Laboratory Analysis of Potentially Contaminated Soils

(4) Guideline on Health Risk Assessment Methodology

(5) Guideline on Ecological Risk Assessment

(6) Guideline on Risk Based Assessment of Groundwater Contamination

(7a) Guideline on Health-Based Investigation Levels

(7b) Guideline on Exposure Scenarios and Exposure Settings

(8) Guideline on Community Consultation and Risk Communication

(9) Guideline on Protection of Health and the Environment During the Assessment of Site Contamination

(10) Guideline on Competencies & Acceptance of Environmental Auditors and Related Professionals

Other documents

• Guidelines for the Assessment and Clean Up of Cattle Tick Dip Sites for Residential Purposes, NSW Agriculture and CMPS&F Environmental, February 1996.
• Australian Drinking Water Guidelines, NHMRC & National Resource Management Ministerial Council, 2004.