Declaration
of significantly contaminated land
Section 11 of the Contaminated Land Management Act 1997
Declaration Number (20201106); Area Number (3458)
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under s.11 of the Contaminated Land Management Act 1997 (the Act).
1. Land to which this Declaration applies
This declaration applies to significantly contaminated land described as Hylton Moore Park, Althorp Street, East Gosford within the Local Government Area of Central Coast Council (the Land). The Land includes the following:
· Lots 1-33 in DP 197405
· Lots 14-29 in DP 24248
· Lot 40 in DP519355
· Lot 2 in DP 247233
· Lots 8A & AB in DP 413380
· Lot 1 in DP 232403
· Lot 1 in DP 56797
The land to which this declaration applies is shown on the attached map and is shaded blue.
2. Substances affecting the Land
The EPA has reason to believe that the Land is contaminated with the following substances (the Substances) in such a way as to warrant regulation as significantly contaminated land under the Act:
· ammonia;
· per-and-polyfluoroalkyl substances (PFAS); and
· hazardous ground gases, including methane and carbon dioxide.
3. Nature of harm caused by the Substances
The EPA has considered the matters in s.12 of the Act before making this declaration. The EPA has reason to believe harm has been, or may be, caused by the Substances, including:
· per‑and‑poly‑fluoroalkyl substances (PFAS) are present in groundwater under the landfill and surface water drains at concentrations above the interim guidelines for aquatic species;
· landfill gases (methane and carbon dioxide) are being generated at the site and have been measured in subsurface monitoring wells near the skate park and on the landfill boundary at concentrations above the trigger levels for further investigation in the NSW EPA Environmental Guidelines: Solid Waste Landfills (2016); and
· leachate is present in an onsite drainage channel, increasing the risk of dermal contact with leachate and for leachate to reach Erina Creek.
4. Further action to carry out voluntary management under the Act
The making of this declaration does not prevent the carrying out of voluntary management of the Land by any person. Any person may submit a voluntary management proposal for the Land to the EPA.
5. Submissions invited
Any person may make a written submission to the EPA on:
· whether the EPA should issue a management order in relation to the Land; or
· any other matter concerning the Land.
Submissions should be made in writing and sent to:
Director, Regulatory
Operations – Metro North
Environment Protection Authority
PO Box 488G
Newcastle NSW 2300
or emailed to contaminated.sites@epa.nsw.gov.au
By not later than 31 March 2020.
[signed]
ADAM GILLIGAN
Director, Regulatory Operations - Metro North
Environment Protection Authority
(By delegation)
Date: 10 March 2020
Further Information about this Declaration
Management Order may follow
If management of the Land or part of the Land is required, the EPA may issue a Management Order under s 14 of the Act.
Amendment or Repeal of Declaration
This declaration may be amended or repealed. It remains in force until it is otherwise amended or repealed. The subsequent declaration must state the reasons for the amendment or repeal (s 44 of the Act).
Information recorded by the EPA
Section 58 of the Act requires the EPA to maintain a public record. A copy of this significantly contaminated land declaration will be included in the public record and is available for access at the principal office of the EPA and on the EPA’s website.
Information recorded by Councils
Section 59(a) of the Act requires the EPA to inform the relevant local Council as soon as practicable of this declaration. Pursuant to s 59(2)(a) of the Act, land being declared to be significantly contaminated land is a prescribed matter to be specified in a planning certificate issued pursuant to s 10.7 of the Environmental Planning and Assessment Act 1979. The EPA is also required to inform the relevant Council as soon as practicable when the declaration is no longer in force. Pursuant to s 59(3) of the Contaminated Land Management Act 1997, if a Council includes advice in a planning certificate regarding a declaration of significantly contaminated land that is no longer in force, the Council is to make it clear on the planning certificate that the declaration no longer applies.
Relationship to other regulatory instrument
This declaration does not affect the provisions of any relevant environmental planning instruments which apply to the land or provisions of any other environmental protection legislation administered by the EPA.
