NOTE: On 18 November 2022, the Environment Protection Authority issued notice number 20224442 – Notice to amend Approved Voluntary Management Proposal
Environment Protection Authority
Notice to amend Approved Voluntary Management Proposal
(Section 44 of the Contaminated Land Management Act 1997)
Notice Number 20214445; Area Number 3458
The land to which this notice applies was declared as “significantly contaminated land” (Declaration No. 20201106) by the Environment Protection Authority (EPA) and is the subject of an EPA approved Voluntary Management Proposal (approved proposal) submitted by Central Coast Council (Council) (Approval No. 20201712) under the Contaminated Land Management Act 1997 (CLM Act). The approved proposal includes the investigation of site contamination and determination of potential exposure to human ecological receptors.
The land to which this Amendment Notice applies is Hylton Moore Park, Althorp Street, East Gosford NSW 2250 (the Land), being made up of:
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• 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 |
A request has been made by Council to amend the milestone dates in the approved proposal due to delays associated with the COVID-19 public health impact on work schedules and due to expanded scope of works including additional groundwater, surface water monitoring rounds and site auditor review of the works.
The EPA considers that the request from Council is reasonable and agrees to amend Part 3 Performance Schedule of the approved proposal. Works set out in the approved proposal must be completed by the revised deadlines specified below.
Item 3.3 - Key milestones for investigation, remediation and other actions
All works set out in the approved proposal must be completed in accordance the following schedule:
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Amended Date |
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Completed |
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Interim Site Management Plan |
Completed |
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Sampling Analysis Quality Plan (SAQP) for the Detailed Site Investigation (DSI) |
Completed |
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DSI fieldworks, including groundwater, surface water and landfill gas sampling event |
November-December 2021 |
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Preparation of DSI report |
January- February 2022 |
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Auditor review of DSI; to include site audit statement |
March – April 2022 |
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Development of Remedial Action Plan (RAP) and/or Human Health and Ecological Risk Assessment (HHERA) |
Within 3 months, depending on the outcome of DSI |
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Site Audit Statement (Section B Audit) |
Within 2 months of completion of RAP/HHERA |
Item 3.4 - Reporting requirements and timeframe for submission of reports
The EPA must be provided with the following reports by the revised deadlines specified below:
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Report |
Amended Date |
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R1. Interim Site Management Plan |
Completed |
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R2. Community Consultation Plan |
Completed |
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R3. SAQP |
Completed |
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R4. DSI Report |
May 2022 |
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R5. Site Audit Statement |
July 2022 |
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R6. RAP |
Within 3 months of the Site Audit Statement, depending on the outcome of R3 and R4 |
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R7. HHERA |
Within 3 months of the Site Audit Statement, depending on the outcome of R3 and R4 |
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R8. Site Audit Report |
Within 2 months of completion of RAP/HHERA |
This Notice replaces Notice to amend Approved Voluntary Proposal No. 20214413. Other than the amendments set out above, the remaining terms of the approved VMP No. 20201712 remain in force.
[signed 1 December 2021]
CELESTE FORESTAL
Unit Head Regulatory Operations
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 instruments
This 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.