Environment Protection Authority
Notice to amend a management order
(Section 44 of the Contaminated Land Management Act 1997)
Notice Number 20194429; Area Number 3183
The land to which this notice applies, was declared as “significantly contaminated land” (declaration No. 21089) and is the subject of a management order (order No. 20181401) issued by the Environment Protection Authority (EPA). The management order directs the recipient of the order to implement works that will prevent further offsite migration of arsenic in groundwater and to ensure the remediation works are implemented and commissioned within 12 months of receiving regulatory approvals and landowner consent for the work. Development consent for the work was granted on 10 August 2018 and the required date for implementation and completion is 9 August 2019.
The recipient of the management order has requested an amendment to the milestone date for implementing and commissioning remediation works. The requested amendment is due to adverse weather events affecting the works program and the requested amended milestone date is 30 September 2019. The EPA has reviewed the request from the recipient, together with justification to support the proposed changes to the milestone dates, and hereby grants the requested amendment to the milestone date. The EPA considers the causes for the delay were out of the proponent’s control and notes that significant progress has already been made toward completion of the remedial works.
The EPA has also been made aware that there is a typographical error in Action 5 b) of the management order. This relates to the timing of the submission of an independent assessment of the cost associated with the ongoing monitoring and maintenance of the remediation system. The EPA requires the independent assessment of costs to be submitted within three months, rather than six months, of the submission of the Site Audit Report (SAR) for the remediation program. This is consistent with Action 10, Item 5b of the Management Order. The reason for this timeframe is that the EPA considers that three months is a reasonable period of time for compliance and is consistent with the financial assurance requirements in another management order issued under the Contaminated Land Management Act 1997.
Management Order No. 20181401 is amended as set out in the tables below:
Action 5. Financial Assurance
|
Amendment in bold |
|
B. The EPA will determine the amount of financial assurance following receipt of the independent assessment of costs required by this clause. The amount of the financial assurance once determined will be imposed by a variation of this Management Order. In
accordance with section 42D(3) of the Act, Orica is required to obtain and
submit to the EPA, i. be a reasonable estimate of the total likely costs and expenses that may be incurred in carrying out the ongoing monitoring and maintenance of the hydraulic containment system in accordance with the LTEMP; ii. be audited by a Registered Company Auditor who is independent from and free of conflicts of interest with Orica so as to be able to exercise objective and impartial judgement in relation to the cost assessment; and iii. document all cost inputs, representations and assumptions used in preparing the estimate. |
Item 11. Timing of Actions required by this management order
|
Works |
Deadline |
|
2b Undertake proposed works in accordance with design specifications and requirements in the RAP |
30 September 2019 |
Other than the amendments set out above, the remaining terms of the management order (order no.20181401) remain in force.
|
Description |
Address |
|
· Lot 2 DP 234288 · Lot 3 DP 234288
|
15 Greenleaf Road, Kooragang Island NSW |
[Signed] 08 August 2019
Arminda Ryan
Director Contaminated Land Management
Environment Protection Authority
NOTE:
Information recorded by the EPA
Section 58 of the CLM Act requires the EPA to maintain a public record. A copy of this notice will be included in the public record.
Information recorded by councils
Section 59 of the CLM Act requires the EPA to give a copy of this notice to the relevant local council. The council may then make appropriate consequential modifications to the planning certificate issued in relation to the land to which this notice applies pursuant to s10.7 of the Environmental Planning and Assessment Act 1979.
Relationship to other regulatory instrument
This repeal notice 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.
Previous regulatory instrument
As of 1 July 2009, all current declarations of investigation area and declarations of remediation site are taken to be declarations of significantly contaminated land, all current investigation orders and remediation orders are taken to be management orders and all current agreed voluntary investigation proposals and agreed voluntary remediation proposals are taken to be approved voluntary management proposals.