Note: On 12 June 2015 the Environment Protection Authority issued notice No. 20154416 to end this declaration.

 

Environment Protection Authority

 

Declaration of remediation site

Section 21 of the Contaminated Land Management Act 1997

 

Declaration No: 21049

 

The EPA declares the following land to be a remediation site under the Contaminated Land Management Act 1997 (“the Act”):

 

1. Land to which this declaration applies ("the site")

 

-          71 Russell Street NSW, comprising Lot 8 of Section 104 in
Deposited Plan 758065

 

in the local government area of Bathurst.

 

2. Nature of the substances causing the contamination:

 

·         Polycyclic aromatic hydrocarbons (PAHs), including benzo(a)pyrene;

·         Benzene; and

·         Cyanide.

 

3. Nature of harm that the substance may cause:

 

The EPA has considered the matters in s.9 of the Act and found that:

 

·         PAHs, including benzo(a)pyrene, are present in soil at the site in concentrations significantly exceeding human health based criteria for commercial / industrial land use as listed in the National Environment Protection (Assessment of Site Contamination) Measure (National Environment Protection Council, 1999).  Workers at the site may become exposed to the contamination;

 

·         PAHs, including benzo(a)pyrene, benzene and cyanide are present in groundwater at the site in concentrations significantly exceeding the 95% trigger values for the protection of aquatic ecosystems as listed in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC and ARMCANZ, 2000);

 

·         PAHs, including benzo(a)pyrene, and cyanide are present in surface water at the site in concentrations significantly exceeding the 95% trigger values for the protection of aquatic ecosystems as listed in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC and ARMCANZ, 2000); and

 

·         Contaminated waters may potentially migrate off-site and impact on Queen Charlottes Vale Creek and users of regional groundwater.

 

4. Further action under the Act

 

The making of this declaration does not prevent the carrying out of a voluntary remediation of the site and any person may submit a voluntary remediation proposal for the site to the EPA.  If the proposal satisfies the requirements of s.26 of the Act, the EPA may agree not to issue a remediation order to the person or persons bringing the proposal.

 

5. Submissions invited

 

The EPA advises that the public may make written submissions to the EPA on:

 

·         Whether the EPA should issue a remediation order in relation to the site; or

·         Any other matter concerning the site.

 

Submissions should be made in writing to:

 

Director Contaminated Sites

Department of Environment and Conservation

PO Box A290

SYDNEY SOUTH  NSW  1232                     

 

or faxed to:      02 9995 5930

 

by not later than 17 September 2004.

 

[signed]

 

CAROLYN STRANGE

Director Contaminated Sites

Department of Environment and Conservation

                                                                                   

Date:  17 August 2004                

 

NOTE:

 

Remediation order may follow

If remediation of the site or part of the site is required, the EPA may issue a remediation order under s.23 of the Act.

 

Variation/Revocation

This declaration remains in force until it is otherwise varied or revoked.  A declaration may only be revoked when the EPA does not have reasonable grounds to believe that land is contaminated in such as way as to present a significant risk of harm (s.44 of the Act).

 

Information recorded by the EPA

S.58 of the Contaminated Land Management Act 1997 requires the EPA to maintain a public record.  A copy of this remediation declaration will be included in the public record.

 

Information recorded by councils

S.59 of the Act requires the EPA to give a copy of this declaration to the relevant local council.  The council is then required to note on its planning certificate issued pursuant to s.149 (2) of the Environmental Planning and Assessment Act that the land is currently an area covered by a declaration issued under the Act.  The EPA is required to notify council as soon as practicable when the declaration is no longer in force and the notation on the s.149 (2) certificate is removed.