Transcript DER PowerPoint template - Parliament of Western Australia

Petition No. 59
29 March 2016
1
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Historic Aspects – Regulatory decisions
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Historic Aspects – Contaminated Sites
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Agnes Tay, Acting Director, Strategy and Reform
Communication and information sharing
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Peter Skitmore, Director Environmental Sciences
Regulation and Compliance – Recent regulatory changes
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Germaine Healy, Acting Director Compliance and Enforcement
Regulation and Compliance – Contaminated Sites
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Germaine Healy, Acting Director Compliance and Enforcement
Regulation and Compliance
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Peter Skitmore, Director Environmental Sciences
Waste
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Kerry Laszig, Acting Executive Director Licensing and Approvals
Peter Skitmore, Director Environmental Sciences
Recent developments
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Peter Skitmore, Director Environmental Sciences
2
Kerry Laszig
Acting Executive Director, Licensing and Approvals
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Bio-Organics regulated as prescribed premises under Category
67A Compost manufacturing and soil blending (as per Schedule
1 to the Environmental Protection Regulations 1987) only
between 2001 and 15/12/2013
Works approval 3177 granted 20/11/2001 for construction of
premises (Attachment 2 to DER’s written submission)
Successive operating licences granted for 12 months’ duration
2002 – 2006
Licence 7770/5 granted with duration 23/03/2006 –
22/03/2011; replaced by licence L8475/2010/1 on 21/10/2010
due to validity questions associated with late fee payment in
2008
Licence L8475/2010/2 granted with duration 23/03/2011 –
22/03/2016
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Waste acceptance conditions of licences:
◦ “The licensee shall ensure that only greenwaste is composted at the premises”
◦ “The licensee shall only use biological activators that have been approved in
writing by the Director”
◦ “Greenwaste” defined as “waste that originates from trees or plants and
includes grass and garden clippings, leaves, tree prunings and branches”
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“Approvals” for biological activator trials given as secondary
written “approvals” (rather than by formal amendments to licence
under s 59 of the Environmental Protection Act 1986 (EP Act))
“Biological/microbial activators/accelerators” are intended to
aid/enhance aerobic composting process. Original works
approval application (Attachment 1 to DER’s written submission)
mentions use of a “microbial accelerator”
5
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30/05/2007 the then Department of Environment and
Conservation (DEC) wrote to Bio-Organics
◦ Stating it had “become aware of possible discrepancies between [approved
biological activators] and details contained in the Department’s Controlled
Waste Tracking System; and
◦ Requesting details of specified wastes and copies of approvals in writing
by 15/06/2007
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No response to this letter located on Departmental records
Matter recorded as Incident number 8623 in the Department’s
Incidents and Complaints Management System. Record closed
04/01/2008 with comment:
◦ “Cannot pursue breach of condition as licence has incorrect premises
details. Licence will need to be amended. Need to check annual waste
receivals. Possibly look at requiring Bio-Organics to report this under
licence”
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2010 licence amendment application
◦ 16/08/2010 Bio-Organics applied to amend its licence to permit
acceptance of animal manures and (former) category 1.01 controlled
wastes (animal wastes) for composting
◦ 21/10/2010 then DEC advised under s 59B(7) of the EP Act it would not
further consider or make a decision on the amendment application
because the conditions of the planning approval, imposed by the Shire of
Serpentine-Jarrahdale in May 2001 (after the then Minister for Planning
and Infrastructure upheld an appeal), prevented implementation of the
proposal
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2011 licence amendment application
◦ 15/07/2011 Bio-Organics applied to amend its licence to include a range
of controlled waste categories
◦ After consulting the Shire, on 08/09/2011 then DEC notified Bio-Organics
that it intended refusing to amend the licence on the grounds that the
proposal was inconsistent with the planning approval. Bio-Organics was
afforded 21 days to make representations
◦ 03/10/2011 Bio-Organics requested an extension for its representations
until 21/11/2011, to allow it to obtain copies of the current planning
approval from the Shire
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February-March 2013 coinciding with a significant increase in
the number of odour complaints, then DEC undertook an odour
survey in the vicinity of Bio-Organics (Attachment 7 to DER’s
written submission)
24/06/2013 then DEC advised Bio-Organics that, based on
Controlled Waste Tracking System records, the quantity of liquid
waste received at the premises over the preceding three years
exceeded the production or design capacity for a Category 61
Liquid waste facility. If it wished to continue, Bio-Organics was
advised to apply for a works approval for a Category 61 facility
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Late 2013 Department of Environment Regulation (DER)
undertook a review of the premises’ licence, and formed the view
that the condition relating to acceptance of biological activators
was invalid
16/12/2013 DER amended the licence to include Category 61,
impose controls on the types and quantities of liquid waste
which could be received, and impose a series of environmental
improvement requirements (Attachment 8 to DER’s written
submission)
27/06/2014 DER revoked licence L8475/2010/2 (Attachment 5
to DER’s written submission) and served a Closure Notice on BioOrganics
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Peter Skitmore
Director, Environmental Sciences
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Lot 36 Abernethy Road, Oakford (Bio-Organics site) classified
possibly contaminated - investigation required under the
Contaminated Sites Act 2003 on 10 December 2013.
Adjacent property 619 Orton Road, Oakford reported as a
suspected contaminated site on 4 September 2013 - will be
classified once groundwater investigations are complete
Investigation Notice issued to Bio-Organics on 2 October 2014,
after Bio-Organics failed to take reasonable steps to investigate
the nature and extent of contamination originating from
activities at the site
Appeal against the Investigation Notice dismissed by the
independent Contaminated Sites Committee on 18 March 2015
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Germaine Healy
Acting Director, Compliance and Enforcement
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Bio-Organics
business office
attached to 945
Abernethy Road
Avila residence
Abernethy Road
Location of
drainage grate
connected to the
Leachate
Retention Pond
Vehicle access
from Abernethy
Road
Leachate
Retention Pond
Designated
Hardstand Area
boundary
Location of
drainage
culvert
Lot 6 Vineyard
Vehicle access
from King Road
Lot 7 219
Orton Road
Dempsey
property
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The above
regulations are
designed to
regulate the
TRANSPORTATION
of controlled waste
on public roads
and place
obligations on the
three phases of
controlled waste
transportation
Obligated to:
•
Hold a valid carrier
licence
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Provide DER with waste
and collection details
Waste
Holder
Obligated to provide
accurate description
of the controlled
waste to the carrier
Carrier
Waste
Facility
Obligated to:
•
Accept waste in
accordance with their
licence, authorisation
and/or approvals
applicable to the facility
•
Provide DER with waste
and unloading details
including discrepancies
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Controlled waste is defined as any matter that is
listed in Schedule 1 of the above regulations
Wastes listed in Schedule 1 are classified as controlled waste
based on a variety of factors:
1.
They can contain chemicals and heavy metals e.g. Phenols, Organic
2.
They are classified by the generating industrial process e.g. Waste from
3.
solvents, Lead, Mercury
grease traps, Wastes from the production, formulation or use of wood
preserving chemicals, vegetable and food processing waste
Standard Waste types e.g. sewage, tyres, acids, asbestos
Schedule 1 is a broad capture of a range of waste types, some with more
hazardous properties than others.
20
In order to provide more
clarity for industry, DER
has published a revised
Controlled Waste
Category List
This groups the
controlled wastes into
15 broad categories and
assigns codes to each
specific waste stream
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Other Putrescible and
Industrial wash waters
Used Tyres
Organic Wastes
Soils and sludge
Inorganic chemicals
Bases
Miscellaneous
Paints, resins, inks and
organic sludges
Organic chemicals
Plating and heat
treatment
Organic solvents
Sewage
Clinical and
pharmaceutical
Oils
Acids
Pesticides
Reactive chemicals
Waste from
grease traps
The majority of controlled waste being
transported in Western Australia is: sewage,
grease trap wastes and oils.
Category
Reactive chemicals
Miscellaneous
Pesticides
Acids
Clinical and
pharmaceutical
Organic solvents
Plating and heat treatment
Paints, resins, inks and
organic sludges
Organic chemicals
Inorganic chemicals
Soils and sludge
Other Putrescible and
Organic Wastes
Industrial wash waters
Used Tyres
Bases
Waste from grease traps
Oils
Sewage
Grand Total
Volume
(tonnes)
155
693
1,336
2,111
3,203
3,876
4,461
7,168
9,261
10,483
28,292
37,189
37,252
40,711
83,542
92,054
196,932
481,415
1,040,135
22
DER provides an online tracking platform that enables carriers
and waste facilities to meet their tracking requirements under
the regulations
Carriers enter information on controlled waste loads
transported into the system and waste facilities enter
corresponding information to confirm they have accepted the
loads transported.
Over 266,000 controlled waste movements are entered into the
system annually.
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DER has implemented a range of improvements in monitoring
controlled waste transportation information entered by industry
into the CWTS
1.
2.
3.
Vetting protocols on waste facilities before they are listed
on the CWTS to ensure the correct authorisations are in
place to allow them to accept controlled wastes.
Monitoring controlled waste volumes transported on a
quarterly basis to examine trends and proactive
identification of issues
Monitoring of waste facilities both licenced and unlicensed
to ensure statutory thresholds and capacities are being
adhered to
24
Germaine Healy
Acting Director, Compliance and Enforcement
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Closure notice issued on 27 June 2014
DER has been conducting weekly compliance inspections to monitor compliance
with the notice. (89 inspections since June 2014)
Bio-Organics complied with the requirement to cease receiving and processing
compost but has not complied with a number of other requirements including the
requirement to remove all of remaining product from the premises within six
months of the closure notice being issued. (to be removed by 27 December 2014)
DER conducted testing of the compost products in August 2014, the material was
found to be not contaminated and suitable to use as compost.
To date DER estimates that Bio-Organics has removed approximately 70%
(24,863m3 – equivalent to around 10 Olympic swimming pools) of product from
the site. (see attached aerial and site photographs)
DER has received reports of green waste travelling down a private vineyard road to
a vineyard which is adjacent to the Bio-Organics premises. Investigations
identified no green waste on the Bio-Organics premises but mulch was observed
on the vineyard. The vineyard is not part of the Bio-Organics premises and the
placement of mulch on the vineyard is not a breach of the closure notice.
Since the issue of the closure notice community complaints concerning the
premises have reduced significantly. (YTD for 2016 - 6 complaints have been
received).
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Peter Skitmore
Director, Environmental Sciences
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Engage required professionals (completed March 2015):
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Prepare plans, in accordance with State and National guidelines,
to the satisfaction of DER (completed August 2015):
◦ Environmental consultant Independent, accredited contaminated sites
auditor
◦ Sampling Analysis and Quality Plan (SAQP)
◦ Community Consultation Plan (CCP)
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Carry out initial community consultation (completed Sep 2015)
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Investigate groundwater - four “quarterly” monitoring events
over the period of a year (underway – first event November 2015)
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At the conclusion of monitoring, provide an auditor-reviewed
Detailed Site Investigation to DER (due Sep-Nov 2016)
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Existing monitoring bores at the site were
inspected, and where necessary replaced, to
ensure they were suitable for the investigation
Nine temporary “pilot boreholes” were drilled,
and groundwater was tested immediately in the
field, to determine the distribution of leachate in
groundwater near the site
On the basis of that work, 12 new “permanent”
monitoring bores were drilled in October 2015,
giving a total network of 21 monitoring bores at
the Bio-Organics site and off-site to the east
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The first of four quarterly groundwater monitoring events carried
out in November 2015: sampling from 21 monitoring wells
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Laboratory analysis for “primary parameters” associated with
composting practices, including:
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Nutrients (nitrogen and phosphorus)
Metals and metalloids
Hardness, total dissolved solids and major ions
Phenols
“Secondary parameters” were also included in analysis (required
for the first monitoring event, but not necessarily for subsequent
events, depending on results):
◦ Hydrocarbons, chlorinated solvents, semi-volatile chlorinated
hydrocarbons and volatile organic compounds
◦ Surfactants
◦ Pesticides
◦ PCBs
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The results presented today are preliminary.
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A draft groundwater bore installation and monitoring event
report was submitted to DER on 28 December 2015
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The auditor provided a review of the report to Bio-Organics on 1
March 2016
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The consultant revised the report (final) has not been submitted
to DER as yet. Once submitted and following DER review, the
consultant will write to residents (as per community consultation
plan) and DER will update its website.
Further groundwater monitoring is required (as per Investigation
Notice) to establish seasonal variation in concentrations of
potential contamination and in groundwater direction.
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Water level monitoring of the network suggests that groundwater flows
in an easterly direction. Further monitoring is required to establish
seasonal variation.
Nitrogen and phosphorus were found in groundwater near the former
compost facility. Concentrations exceeded criteria for the protection of
freshwater ecosystems, drinking water and agricultural irrigation.
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Metals (aluminium, chromium, copper, iron, nickel and zinc) exceeded
criteria for the protection of freshwater ecosystems.
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Aluminium, iron and nickel also exceeded criteria for drinking water and
non-potable water use (such as watering gardens).
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Secondary contaminants were generally not detected. However,
hydrocarbons were detected in some bores, and for some samples the
laboratory’s “limit of reporting” was higher than the assessment criteria,
because samples required dilution prior to analysis.
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The auditor considered further work was needed to interpret the
November results, especially to differentiate impacts to
groundwater as a result of site activities compared to regional
groundwater quality.
The auditor recommended that the consultant should retain
“secondary parameters” for some groundwater monitoring wells,
and investigate alternative analytical methods.
The auditor also asked the consultant to review whether the
groundwater monitoring network adequately delineates any
impacts emanating from the site, and if not, whether additional
monitoring wells should be installed.
The auditor and consultant agreed on the need for further
sampling.
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The Investigation Notice required an auditorreviewed, final version of the December report to
be provided on 25 January. Bio-Organics did not
meet that requirement.
On 16 February 2016, Bio-Organics was advised
in writing by the CEO of DER that penalties could
be imposed for failure to comply with the
Investigation Notice.
On 25 February, the auditor advised DER that
work had recommenced and on 1 March,
provided a review of the report to Bio-Organics.
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Agnes Tay
Acting Director, Strategy and Reform
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Draft Environmental Standard was prepared in
June 2015.
First regulatory reform deliverable. First draft
environmental standard.
Public consultation period closed in
November 2015.
20 submissions were received.
37
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Stakeholder reference group was formed by
DER with representatives from approximately
14 organisations, including existing
licensees.
◦ Four workshops were held between September and
November.
◦ Industry acceptance and support for Environmental
Standard.
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July to November 2015, DER developed key
documentation for its risk-based approach to
environmental regulation.
DER formally requested hydrogeological
technical advice from the Department of
Water and the Department of Agriculture and
Food.
◦ Workshops and meeting held with DAFWA in
November/December 2015.
◦ Advice from DoW received in February 2016.
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Revised draft Environmental Standard has been
published for further public consultation in
March 2016.
Main changes are described in the Consultation
Paper and include a risk-based approach for
specification of infrastructure requirements.
Each submission received individual responses.
These are also published. (Note 3 submissions
from individuals were not published and one
submission was subsequently superceded).
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Consistent with DER’s risk-based approach.
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Risk to surface waters determined by siting.
Existing premises may require higher controls.
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Risk to groundwater determined by three considerations:
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Risk addressed by specified infrastructure requirements.
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Risk of odour determined by:
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Risk addressed by specified composting method and whether
additional controls are required.
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◦ Groundwater value
◦ Depth to groundwater
◦ Soil type (pathway for contamination)
◦ Separation distance
◦ Feedstock categories
41
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Risk to soil contamination arising from liquid waste
used in the composting process addressed by
restrictions on use of liquid waste. Use of liquid
waste only where:
◦ Use is demonstrated to be beneficial (other than solely
providing moisture content) to the composting process.
◦ The ratio of liquid waste to other materials in the process
can be specified so that it can be used as regulatory control
as a condition in the licence instrument.
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Risk to public health for small retail customers
addressed by product specification.
42
Peter Skitmore
Director, Environmental Sciences
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Communication with the owners of 619 Orton Road,
Oakford prior to the Investigation Notice included:
◦ 6 September 2013: formally notified that their site had been
reported as a suspected contaminated site under the CS Act.
◦ 7-8 October 2013: notified in writing, and by telephone, that
the classification of their site had been delayed, pending
groundwater investigations at Bio-Organics.
◦ 10 February 2014: advised of the results of surface water
sampling from the culvert drain on the northern boundary of
their property.
◦ 14 August 2014: advised in writing that Bio-Organics had
been requested to carry out further investigations.
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10 October 2014: Two adjacent land owners formally notified by DER
that an investigation notice had been issued to Bio-Organics, who may
contact them to request access to their land to install monitoring bores.
In February 2015, DER wrote to 19 nearby property owners and
residents to update them on the closure notice and advise that an
Investigation Notice had been issued to Bio-Organics.
The Investigation Notice issued to Bio-Organics required the company to
inform residents of the monitoring program. DER approved the
Community Consultation Plan in August 2015.
In December 2015, DER also wrote to 28 nearby property owners and
residents, and the Serpentine-Jarrahdale Ratepayers and Residents
Association, to provide an update on status of investigations.
DER has also been keeping its website updated with new information.
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Objectives of the CCP included:
◦ To inform the community and stakeholders about what information regarding to the
site is available, what Bio-Organics has done, is doing and plans to do about the
problem; and
◦ To provide an opportunity for community input including, where appropriate, a
chance to help make and carry out decisions.
Written information was provided to three residents, the Shire of
Serpentine-Jarrahdale; the Department of Water; and the Serpentine
Jarrahdale Ratepayers and Residents Association :
◦ A brief description of the proposed works;
◦ An outline of the reason for the works; and
◦ Contact details for any feedback about the site or the proposed works.
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Four residents were also approached in person (“door knock”) and
provided with more details of the proposed groundwater investigation,
any likely disturbance and scheduled timing.
Six residents were also asked about their source of drinking water.
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Bio-Organics’ consultant issued a report on the
outcomes of community consultation in September
2015.
The CCP was carried out as planned, and the details
of individual meetings and feedback were recorded
and provided to DER.
The CCP found that scheme water or rainwater were
the major drinking water sources, although
groundwater was used on one occasion at one
property to top up the rain water tank in summer.
Residents reported that bore water was used for
irrigation and livestock watering.
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DER has published web content on BioOrganics since 2 February 2014
◦ Web content provides background information,
links to related documents and current updates.
◦ There have been 11updates in the form of media
statements, community updates and FAQs.
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Peter Skitmore
Director, Environmental Sciences
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The final version of the groundwater bore installation and
first monitoring event report has not yet been provided to
DER for review.
Following DER review, the consultant will write to
individual stakeholders detailing the results, and DER will
update its website.
Three more groundwater monitoring events are required
under the Investigation Notice. Depending on the exact
dates of monitoring, a Detailed Site Investigation report is
expected to be submitted to DER by November 2016.
DER reiterates Department of Health advice that bore
water should not be used for domestic purposes unless
professionally tested and, if necessary, treated.
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