Note: On 16 December 2015 the
Environment Protection Authority issued notice
No.20154440 to end this declaration.
Environment Protection Authority
Declaration of significantly contaminated land
(Section 11 of the Contaminated Land Management Act 1997)
Declaration Number 20091102; Area Number 3267
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under the Contaminated Land Management Act 1997 (“the Act”):
The site to which this declaration relates is described as:
§ Lot 202 Deposited Plan 1102769, Lot 1 Deposited Plan 792666 – 6 Foray St, Yennora, NSW;
in the municipality of the City of Holroyd. A map of the site is available for inspection at the offices of the Department of the Environment and Climate Change, Level 15, 59 Goulburn Street, Sydney, NSW.
The EPA has found that the site is contaminated with the following substances (“the contaminants”):
· Chlorinated hydrocarbons (notably Trichloroethene (TCE), Dichloroethene (DCE) and Tetrachloroethene (PCE))
The EPA has considered the matters in s.12 of the Act and for the following reasons has determined that the land is contaminated and that the contamination is significant enough to warrant regulation under the Act:
§ The contaminants have migrated from the land. The substances were identified beneath a stormwater discharge point in a pool of water immediately beyond the boundary of the site.
§ Two (2) groundwater plumes of the contaminants have been identified onsite and in close proximity to the boundaries. Concentration of these substances in groundwater exceed the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC 2000) trigger levels for the protection of 95% of species, and the recommended screening values for recreational waters in the Australian Government National Health and Medical Research Council Guidelines for Managing Risks in Recreational Water (NHMRC 2008). Based on the geological and hydrogeological conditions, the groundwater plumes are likely to discharge offsite and potentially impact Prospect Creek;
§ There is a potential for harm to occur in that the groundwater contamination could degrade the aquatic ecosystem of Prospect Creek and limit its use by the public for recreational purposes.
§ There is a potential for contaminants in the groundwater plumes to migrate as vapours into the buildings in the affected area over time. On this basis, onsite workers may be exposed to volatile organic compound vapours inside the buildings.
The making of this declaration does not prevent the carrying out of voluntary management of the site and any person may submit a voluntary management proposal for the site to the EPA. If the proposal satisfies the requirements of s.17 of the Act, the EPA may agree not to issue a management 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 management 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 no later than 28 July 2010.
[Signed]
JOHN COFFEY
Acting Manager Contaminated Sites
Department of Environment and Climate Change
Date: 30 June 2010
NOTE:
Management order may follow
If management of the site or part of the site is required, the EPA may issue a management order under s.14 of the Act.
Amendment/Repeal
This declaration may be amended or repealed. It remains in force until it is otherwise amended or repealed. The subsequent declaration must state the reasons for the amendment or repeal (s.44 of the Act).
Information recorded by the EPA
Section 58 of the Act requires the EPA to maintain a public record. A copy of this significantly contaminated land 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 declared significantly contaminated land. 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.