Environment Protection Authority
Declaration of remediation site
(Section 21 of the Contaminated Land Management Act 1997)
Declaration Number 21083; Area Number: 3249
The Environment Protection Authority (EPA) declares the following land to be a remediation site under the Contaminated Land Management Act 1997 (“the Act”):
The site to which this declaration relates is described as Lot 1 in Deposited Plan (DP) 544937 and Lot 1 in DP 641068 Nelson Parade, Hunters Hill in the local government area of Hunters Hill as defined by the thick black line in the attached diagram. The site is currently vacant.
The EPA has found that the soil at the site is contaminated with the following substances (“the contaminants”):
· Polycyclic aromatic hydrocarbons (PAHs), including benzo(a)pyrene;
· Total Petroleum Hydrocarbons (TPHs);
· Lead; and
· Arsenic.
The EPA has considered the matters in s.9 of the Act and for the following reasons has determined that the site is contaminated in such a way as to present a significant risk of harm to the environment and human health.
· Coal tar pitch is present at the soil surface and is likely to be mobilised in hot weather.
· Polycyclic aromatic hydrocarbons (PAHs), arsenic and lead are present in the soil at the site in concentrations significantly exceeding the relevant Health Investigation Levels for both its current zoning as residential land and its proposed use as open space. Total Petroleum Hydrocarbons (TPHs) in the soil at the site is also present in concentrations exceeding the relevant guideline levels. The International Agency for Research on Cancer (IARC) classifies arsenic as carcinogenic to humans and some PAH compounds as probable carcinogens.
While groundwater results indicate contamination by lead and PAHs above the relevant trigger values for the protection of aquatic ecosystems, these contaminants probably result from sediment entrainment rather than dissolved phase contamination. Contamination in groundwater is therefore unlikely to migrate off-site and impact aquatic ecosystems in the Parramatta River.
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.
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:
Manager Contaminated Sites
Department of Environment and Climate Change
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 5930
by not later than 21 September 2007.
[Signed]
NIALL JOHNSTON
A/Manager Contaminated Sites
Department of Environment and Climate Change
Date: 9 August 2007
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 may be varied by subsequent declarations. It remains in force until it is otherwise 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
Section 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
Section 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 within a remediation site. 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 no longer required.
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.
