Licence conditions for pollution studies and reduction program

Licence conditions for pollution studies and reduction programs

Summary

Licence number:

1378

Title:

PRS 4 - Geotechnical Investigation of Earthen Embankment in Area 1

Start date:

28 Aug 2014

Licence Condition
A financial assurance, in favour of the EPA, in the form of an irrevocable and unconditional guarantee from a bank, building society or credit union to the amount of nine hundred thousand dollars ($900,000) must be maintained during the operation of the facility and thereafter until such time as the EPA is satisfied the premises is environmentally secure. This assurance must be replenished to the full amount should the EPA have any reason to call up the financial assurance or any part thereof to correct environmental problems which have not been remedied by the occupier upon being given notice to do so. The EPA reserves the right to vary the magnitude of the bank guarantee at any time depending upon any reassessment of possible cost(s) of rehabilitation of the premises.
The licensee must provide to the EPA within five working days of the issue of an unconditional undertaking as required by Condition E1.1, from time to time required by this licence, the original counterpart deed of unconditional undertaking.
Background Inspections conducted by the EPA in 2014 have identified issues of inadequate soil and water management on the premises. A Pollution Reduction Study is necessary to investigate bank stability and water conveyance structures so as to prevent future issues associated with one of the aspects of inadequate erosion and sedimentation management on the premises.
Deliverables The Licensee must engage an independent suitably qualified profesional to assess and provide a report on the integrity and structural stablility of all earthen embankment batters in Area 1 (as identified in the Martins Creek Quarry Erosion Sediment Control Plan, Daracon 5 May 2014). The report must include but is not limited to the following information: a review of the grade of all batters in Area 1; a geotechnical assessment of the structural integrity of all earthern batters in Area 1; a review of the construction of all earthern embankment batters in Area 1, including the design drawings for Area 1 against the relevent engineering and/or construction standards; a review of water management and conveyance structures in the vicinity of all earthen embankment batters in Area 1; and any recommendations for further works required in area 1 as a result of the assessment. This report must be submitted to the Regional Manager - Hunter, Environment Protection Authority, hunter.region@epa.nsw.gov.au (or PO Box 488G, Newcastle 2300), by no later than 5:00pm, Friday 5 September 2014.
In the event that the circumstances outlined above occur and the licensee does not undertake the actions equired by the conditions, the EPA may claim against the financial assurance lodged by the licensee to ensure that these actions are undertaken.