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Licence conditions for pollution studies and reduction program
Licence conditions for pollution studies and reduction programs
Summary
Licence number:
805
Title:
PRP 4 - Investigate elimination of discharges from Sewer Pump Station 1
Start date:
01 Jul 2012
Licence Condition
Background There have been periodic discharges from sewer pump station 1 ("SPS 1") adjacent to the Camden Haven River. The Camden Haven River adjacent to SPS 1 is a sensitive receiving environment and is an oyster growing area. Deliverables The licensee must undertake a detailed investigation to develop a program of works to mitigate discharges from SPS 1. By 21 December 2012 the licensee must provide a written report to the EPA detailing the investigation and program of works, including timelines for construction, which will be implemented to mitigate discharges from SPS 1. Note: It is the EPA’s intention following the investigation to implement a PRP to have works to mitigate the discharges undertaken.
A financial assurance in the form of an unconditional and irrevocable and on demand guarantee from a bank, building society or credit union operating in Australia as "Authorised Deposit-taking Institutions" under the Banking Act 1959 of the Commonwealth of Australia and supervised by the Australian Prudential Regulatory Authority (APRA) must be provided to the EPA.
The financial assurance must be in favour of the Environment Protection Authority in the amount of two hundred thousand dollars ($200,000) and be provided to the EPA by no later than 29 April 2022. The financial assurance is required to secure or guarantee funding for works or programmes required by or under this licence. The financial assurance must contain a term that provides that any monies claimed can be paid to the EPA or, at the written direction of the EPA, to any other person. The licensee must provide to the EPA, along with the original counterpart guarantees, confirmation in writing that the financial institution providing the guarantees is subject to supervision by APRA.
The financial assurance must be maintained during the operation of the facility and thereafter until such time as the EPA is satisfied the premises is environmentally secure.
The EPA may require an increase in the amount of the financial assurance at any time as a result of reassessment of the total likely costs and expenses of rehabilitation of the premises.
The EPA may claim on a financial assurance under s303 of the POEO Act if a licensee fails to carry out any work or program required to comply with the conditions of this licence.
The financial assurance must be replenished by the full amount claimed or realised if the EPA has claimed on or realised the financial assurance or any part of it to undertake a work or program required to be carried out by the licence which has not been undertaken by the licence holder.