Environment Protection Authority (EPA)

Remediation order

(Section 23 of the Contaminated Land Management Act 1997)

Remediation Order Number 23020; Area Number 3083

 

Service:  By Registered Mail to Place of Business

 

BIS Cleanaway Limited (ABN 79 000 164 938)

Level 5, 146 Arthur Street

NORTH SYDNEY NSW 2060

 

Attention:  Mr Chris Berkefeld

 

Cc       Allens Arthur Robinson

            Deutsche Bank Place

            Corner Hunter and Phillip Streets

            SYDNEY NSW 2000

Attention: Jim Parker

 

            Department of Finance and Administration

Treasury Building, Parkes Place West

PARKES ACT 26060

Attention: Mr Daniel Bailey

 

            Sutherland Shire Council

4-20 Eton Street

SUTHERLAND NSW 2232

Attention:  Mr John Rayner

 

 

1.       Land to which this order applies (“the site”)

 

Former landfill, Lucas Heights, comprising those parts of Lot 2 DP 605076 and Lot 2 DP 1032102 as shown on the attached map. The map is also available for inspection at the offices of the Department of Environment and Conservation (DEC), Level 14, 59-61 Goulburn Street, Sydney.

 

2.      Nature of contamination affecting the site:

 

Chemicals of concern at the site include heavy metals (particularly beryllium, cadmium, cobalt, chromium, copper, lead, nickel, silver and zinc), ammonia, petroleum hydrocarbons (TPH, BTEX), polycyclic aromatic hydrocarbons (PAHs, particularly naphthalene) and volatile organic compounds (VOCs, including benzene, toluene, ethylbenzene, xylenes, and various other chlorinated alkanes and alkenes such as vinyl chloride and 1,2-DCA).

 

3.      Background

A.      The EPA has considered the matters in section 9 of the Contaminated Land Management Act 1997 (“the Act”) and for the following reasons has determined that the site is contaminated in such a way as to present a significant risk of harm to human health and the environment:

-        contaminants which are carcinogenic and otherwise toxic to humans and toxic to aquatic organisms (including heavy metals, polycyclic aromatic hydrocarbons, phenols and volatile organic compounds) are present in soil, surface waters and groundwaters at the site;

-        contaminants are migrating off-site, via surface water, seepage water and groundwater, at concentrations, which may adversely impact downgradient ecological receptors (including aquatic ecosystems and wildlife such as birds, reptiles and mammals); and

-        there is no effective surface water and seepage water collection system at the site.

 

A risk of harm exists for both human and environmental receptors.

 

B.      On 14 January 2003, the EPA declared the site to be a remediation site.

 

C.      Brambles Holdings Ltd (later called Brambles Australia Limited) occupied the site from 1973 – 1980 as a landfill operator and initially used the site as a liquid waste landfill but subsequently as a solid waste landfill.

 

D.      The EPA has determined that Brambles Australia Ltd (later called BIS Cleanaway Limited) is a person principally responsible for the contamination.

 

E.      On 24 November 2003, Brambles Australia Limited submitted to the EPA a remediation proposal for the site and a risk assessment relating to the off-site migration of contaminated water.  However, the EPA does not consider the proposal to be appropriate.

 

F.      An early draft of the remediation order was provided by the EPA to Brambles Industrial Services on 18 July 2005.  The purpose of providing the draft was to give the identified appropriate person, Brambles Australia Limited, procedural fairness to comment on the draft order.  On 1 August 2006 the EPA provided a revised draft order to Brambles Industries Limited (forwarded to BIS Cleanaway Limited by Brambles Industries Limited). On 9 October 2006 the EPA forwarded the revised draft order to Allens Arthur Robinson acting on behalf of BIS Cleanaway Limited.

 

G.     On 25 October 2006 Allens Arthur Robinson responded to the letter and the revised draft order from the EPA dated 9 October 2006.  The advice provided was that the timeframes in the revised draft order were not achievable. Therefore the “timeframes for submission of reports” in the order have been extended from the dates listed in the draft dated 9 October 2006.

 

H.      The EPA conducted a site inspection on 12 September 2006. During the inspection the EPA identified surface seepage at a number of locations adjacent to the northern boundary and downgradient of the site. Surface seepage was also identified at a location on the site. Samples of the seepage were collected and the results indicate elevated exceedances of a number of contaminants above guidelines for the protection of freshwater aquatic ecosystems including metals and ammonia. At the location indicated in Photograph 1 ammonia was detected at a concentration of 59000 ug/L; the current guideline value for the protection of freshwater ecosystems is 900 ug/L (Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000- see Appendix 1). These levels would be expected to have detrimental impacts upon the receiving system. The contamination mobilized via the surface seeps indicates that the land is contaminated in such a way as to present a significant risk of harm to human beings or other aspects of the environment.

 

I.         A photograph of the seepage and sample collection are attached as photograph 1 of this notice.

 

J.       The EPA is not prepared to delay issuing the order any longer and considers that it has appropriately considered concerns raised since the draft order of 18 July 2005 was proved to Brambles Industrial Services.  The environment has continued to be degraded since that time and no remedial action has progressed.

 

4.      Action to be taken in remediating contamination on the site

 

By this order, the EPA directs BIS Cleanaway Limited to do the following:

 

Additional investigations

 

A.      Additional investigations must include the following:

 

i.           Delineation of contaminated groundwater plumes, sources and migration pathways on the site.

ii.          Delineation of the impact of non-aqueous phase liquid (“NAPL”) contamination and contaminant source zones on the site.

iii.        Assessment of the fate and transport of any contaminated groundwater and NAPL contamination on the site.

iv.        Delineation of the impact of soil and groundwater contamination, including NAPL, off the site.

v.         Detailed description of the geological and hydrogeological conditions of the site.

vi.        Assessment of the potential for off-site impacts on human health and the environment.

vii.      Detailed description of the sampling and analysis plan and methodology.

 

B.      Prepare an investigation report addressing the conditions outlined in 4A.

 

Technology assessment

 

C.      Carry out an assessment of technologies with potential to contain contaminated site soils and prevent ongoing contamination of surface water, seepage water and groundwater.

 

D.      The technology assessment referred to in condition 4C must include the following:

i.           An evaluation of the various capping technology options to remediate contaminated site soils and groundwater, nomination of a preferred option and reasons for it being the preferred option.

ii.          Indication of whether a review of the preferred technology (under clause 12 of the Environmentally Hazardous Chemicals Regulation 1999) has been assessed, and if not, what actions in this regard are proposed.

iii.        Outline of the physical, chemical and/or biological processes involved in the preferred technology.

 

Remediation action plan

 

E.      Prepare a remediation action plan (RAP) for the site contamination.

 

F.      Engage a site auditor accredited under the Act to review the RAP and provide a report on whether implementation of the RAP will adequately remediate the surface water, seepage water and groundwater migrating off the site.

 

G.     The RAP must be revised to address to the satisfaction of the site auditor all of the site auditor’s comments on the RAP prior to it being submitted to the EPA. 

 

H.      The RAP referred to in condition 4E must include the following:

 

i.           A summary of all investigations carried out in relation to the site contamination, including all investigations carried out in relation to the migration of contamination off the site.

ii.          A clear statement of the scope of work to be undertaken.

iii.        An evaluation of options to prevent the migration of contaminated surface water, contaminated seepage water and contaminated groundwater off the site, nomination of the preferred option and reasons for it being the preferred option.

iv.        An evaluation of options to remediate contaminated site soils that are providing a source of continued groundwater contamination, nomination of the preferred option and reasons for it being the preferred option.

v.         An evaluation of options to remediate contaminated groundwater at the site, nomination of the preferred option and reasons for it being the preferred option.

vi.        An evaluation of options to remediate contaminated groundwater that has migrated off the site, including reasons for choosing a preferred option.

vii.      Proposed remediation criteria for soil and groundwater compliance with which will ensure the remediated site will pose no unacceptable risk to human health and the environment.

viii.     Detail of any environmental safeguards required to complete the remediation in an environmentally acceptable manner.

ix.        Detail of validation and ongoing site monitoring and reporting procedures.

x.         Provisional timeline for the implementation of the RAP.

 

Timeframe for submission of reports

 

I.         The following reports must be submitted in writing to the DEC’s Manager Contaminated Sites by the deadlines specified below:

 

Report

Deadline

Investigation report required by condition 4A.

6 months from the date of the remediation order

Technology assessment required by condition 4C.

6 months from the date of the remediation order

RAP required by condition 4E.

8 months from the date of the remediation order

Site auditor report on review required by condition 4F.

8 months from the date of the remediation order

 

Relevant guidelines

 

J.       All work must be undertaken in accordance with the guidelines made or approved by the EPA under section 105 of the CLM Act.  A list of these guidelines is included as Appendix 1.

K.      Any Risk Assessment conducted in relation to the proposed remediation of the site must be done in accordance with the NEPM.  All site specific assumptions used in the Risk Assessment must be clearly detailed.

 

Definitions

 

“ANZECC” means the Australian and New Zealand Environment Conservation Council

 

“The Act” means the Contaminated Land Management Act 1997

 

 “DEC” means the Department of Environment and Conservation (NSW)

 

“EPA” means the Environment Protection Authority (NSW)

 

“NEPM” means the National Environment Protection (Assessment of Site Contamination) Measure 1999, National Environment Protection Council

 

“RAP” means remediation action plan

 

“The site” means the land known as Former IWC Landfill Site, Lucas Heights, NSW, comprising parts of Lot 2 DP 605076 and Lot 2 DP1032102 in the local government area of Sutherland Shire Council.

 

 

[Signed]

 

 

NIALL JOHNSTON

A/Manager Contaminated Sites

 

Date: 26 February 2007

NOTE:

 

Breaches of this Order

 

A person (other than a public authority that is not a person interested in the relevant land) who fails to comply with a remediation order issued under section 23 of the Act is guilty of an offence.  Heavy penalties may be imposed where a person fails to comply with directions given in a notice issued under section 23 of the Act.

 

Information recorded by the EPA

 

Section 58 of the Contaminated Land Management Act 1997 requires the EPA to maintain a public record.  A copy of this remediation 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 that the land is currently subject to an investigation 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 is removed.

 

 

 

 

Site audits

 

Section 24(1)(d) of the Act requires that the remediation concerned must be audited by a NSW accredited Site Auditor.

 

 

 

 

The EPA is part of the Department of Environment and Conservation (NSW)

Appendix 1

 

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

Guidelines made by the EPA

Guidelines approved by the EPA

EnHealth (formerly National Environmental Health Forum monographs)

National Environment Protection Council publications

National Environment Protection (Assessment of Site Contamination) Measure 1999

(I) Schedule A

(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

Photograph 1 Surface water sample being collected by an authorised officer of the EPA from seepage adjacent to the northern boundary of the IWC site. Date of photograph 12 September 2006.