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Enforceable Undertakings: Media Release Archives

Eden sewage spill - Tenix and Council make amends

2 November 2010

Having acknowledged their role in a pollution incident, Tenix Australia Pty Ltd and Bega Valley Shire Council have agreed that together they will contribute $120,000 to environmental rehabilitation works along the Pambula River.

 

In late October 2009, millions of litres of partially treated sewage was released into Twofold Bay from the Eden sewage treatment plant during regular maintenance works. At the time and as a precaution, Council closed nearby beaches.

 

The incident did not cause any discernible environmental harm.

 

Tenix operates the Eden Sewage Treatment Plant on behalf of Council.

 

DECCW Director-General, Lisa Corbyn, said today that both Tenix and Council co-operated fully with DECCW’s investigation into the incident, including undertaking an audit to determine how to avoid such incidents in the future.

 

Tenix has also agreed to take considerable steps to prevent a repeat of this incident in the future.

 

Following DECCW’s investigation into this incident Tenix and Council made many improvements which will do a lot to prevent this happening again.

 

Tenix and Council offered to make amends by giving an enforceable undertaking to DECCW requiring works to improve the environmental performance of the Eden sewage treatment plant and to pay $120,000 towards rehabilitation works on the Pambula River.

 

DECCW accepted the enforceable undertaking requiring Tenix to pay $100,000 and Council to pay $20,000 towards the rehabilitation works.

 

Amongst other things, the works will involve improving alarm systems, modifying standard operating procedures and improving dissolved oxygen control.

 

The Eden community would have been rightly concerned by the potential impact of this event on the health of Twofold Bay.

 

"Fortunately, tests have shown that there was no discernible harm to the environment," Ms Corbyn said.

 

Tenix and Council will also pay DECCW $20,000 towards its investigation and legal costs.

 

Kosciuszko Thredbo makes amends

19 August 2009

After admitting to having a role in a pollution incident in Kosciuszko National Park last year Kosciuszko Thredbo Pty Limited (KT) has agreed to invest $100,000 into rehabilitation work along the banks of the Thredbo River.

On August 16, 2008, between about 800 and 1200 litres of diesel overflowed from a header tank at the Thredbo ski resort operated by Kosciuszko Thredbo Pty Limited.

As a consequence a quantity of diesel entered the Thredbo River KT reported the incident when the spill was discovered that morning and undertook a number of clean up actions as a result of the diesel spill.

Department of Environment, Climate Change and Water (DECCW), Director South, Gary Whytcross, said that KT cooperated with DECCW's investigation and frankly accepted it had a role in this incident.

"Accordingly KT offered to pay $100,000 for environmental rehabilitation works to make amends.

"DECCW accepted an 'enforceable undertaking' from KT requiring it to pay $100,000 to the NSW National Parks and Wildlife Service (NPWS) to carry out rehabilitation works along a section of the Thredbo River within Kosciuszko National Park.

"This work will include the development of a rehabilitation plan for the river banks of a section of the river that addresses stream bank erosion control, weed management, revegetation and habitat restoration.

"This work will take place over a period of three years.

"KT will also pay for DECCW's legal and investigation costs which amount to $25,000," Mr Whytcross said.

 

Leighton Contractors to make amends for stream pollution

22 July 2009

A company found responsible for discharging polluted water into a stream near Tarcutta during construction work on the Hume Highway has entered into an undertaking to enhance the environment around Tarcutta Creek by removing willows along a one kilometre stretch of it at a cost of $100,000.

Leighton Contractors Pty Limited was engaged in major road works on the Hume Highway south of Tarcutta in July last year when officers from the Department of Environment and Climate Change (DECC), passing through the area, noticed what appeared to be silt laden water being discharged into a creek.

On further inspection they found turbid water being discharged from two hoses connected to pumps about 100 metres apart that were being used to 'dewater' sediment control dams attached to the construction works. Water samples were collected and later found to be containing extremely high levels of silt in the waters being discharged.

DECC Director South, Gary Whytcross, said today that it was established that the suction hoses feeding the pumps had not been installed properly and were sucking mud from the bottom of the sediment dams rather than the layer of clear water above.

"This meant that water heavily laden with silt was being discharged into the local stream.

"This is clearly a breach of environmental rules. Pollution of our waterways is serious and Leighton Contractors understands the DECC's concerns and has implemented improvements to prevent a recurrence of the incident," he said.

Mr Whytcross said that DECC had agreed to accept an enforceable undertaking by the company to make amends by carrying out works which will have a net benefit for the environment by removing the noxious willows.

"As part of this legal undertaking Leighton Contractors will provide the labour, plant and supervision valued at $100,000 to clear a kilometre stretch of willows along Tarcutta Creek as well as pay DECC's costs for the investigation estimated at around $15,000," Mr Whytcross said.

"While the effects of the pollution incident were temporary with no long-term impact, the removal of the willows by Leighton Contractors will provide a lasting environmental benefit," Mr Whytcross said.

 

Mato Investments to remedy environmental damage to Murray River

15 July 2008

A company which removed a large number of fallen trees and other woody debris - known as 'snags' - from the Murray River and other waterways near Corowa, has entered into an undertaking to remediate the damage.

Mato Investments has admitted it damaged the area during its development of an ecotourist resort at the Kunanadgee property. The company has now agreed to spend nearly $100,000 repairing the damage it caused.

A spokesperson for the Department of Environment and Climate Change, Gary Whytcross, said joint investigations between DECC and the Department of Primary Industries showed that approximately 400 snags had been dragged out of a four kilometre stretch of the Murray river, out of the Big River Billabong and an unnamed creek on the property.

"In addition, soil was deposited in wetland areas to create vehicle tracks, but in such a way that many tonnes of soil could be washed into the Murray River during rain.

"The snags are crucial breeding habitat of the Murray cod and trout cod, listed as threatened under both national and state legislation, and are a very important part of the river system, especially now when the river is under stress in many places."

Mr Whytcross said Mato Investments had now signed an enforceable undertaking to re-snag the areas.

"We are very pleased that the company has agreed to make amends."

"As a result of this undertaking we hope the damage can be reversed. The remediation of the site is a key outcome sought by both departments."

"It's anticipated that the works will be completed by 31 August to avoid disturbance to the Murray cod during their breeding season from September to November."

 

Delta Electricity to carry out $45,000 of environmental works under new enforceable undertaking powers

28 February 2008

The Department of Environment and Climate Change (DECC) has agreed to use new legal powers to deliver an enforceable undertaking from Delta Electricity for environmental works to the value of $45,000, following a discharge into an outlet canal at the Munmorah Power Station.

Delta Electricity offered the enforceable undertaking following DECC's investigation into a potential pollution incident on 16 February 2007 at Munmorah power station, Scenic Drive, Doyalson.

When the discharge occurred in 2007, Delta Electricity reported to DECC that a quantity of diluted sulphuric acid had flowed into an outlet canal at the power station, even though it did not reach the waters of Lake Budgewoi.

DECC Director General Lisa Corbyn said: "Delta Electricity has acknowledged DECC's concerns about the incident and has implemented a number of measures to ensure that the incident cannot happen again".

"These include undertaking a voluntary audit, commissioning an internal Committee of Inquiry, implementing their recommended action plan items, undertaking risk evaluations and changing works and systems as a result, installing new equipment and alarms systems and undertaking staff training."

"As an added step, the company has undertaken to fund additional environmental measures including weed control and bush regeneration works at the Colongra Swamp Nature Reserve in Budgewoi costing $45,000."

"These environmental measures, which are expected to be completed over three years and will be carried out by contractors, will be a real bonus to the surrounding environment."

The works will include:

• a site survey of the land resulting in the development of a weed species map, including an assessment of priority species for weed control; and
• weed control and bush regeneration work.

"This is one of the first enforceable undertakings that DECC has considered under new legislative powers introduced in 2006. These environmental works will provide significant benefits for the environment and the local area at the Colongra Swamp Nature Reserve," said Ms Corbyn.

Enforceable undertakings have been used successfully by a number of other agencies including the Australian Securities and Investments Commission and the Australian Competition and Consumer Commission. They provide a way of achieving tangible results quickly.