Environment Protection Authority
Declaration of significantly contaminated land
(Section 11 of the Contaminated Land Management Act 1997)
Declaration Number 20101109; Area Number 3281
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under the Contaminated Land Management Act 1997 (“the Act”):
The United Service Station site comprises part Lot 1 and Lot 2 Section 12 DP1989, and is located at 1-3 Oxford Street, in Sutherland. 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”):
· Total Petroleum Hydrocarbons (TPH);
· Benzene, Ethylbenzene, Toluene and Xylenes (BTEX);
· Naphthalene;
· Phenol;
· 2,4-dimethylphenol;
· ethanol.
In particular the EPA has found:
Phase separated hydrocarbons have been identified in the monitoring bore, MW4, located to the north of the bowsers on the Service Station. A contaminated groundwater plume is migrating onto the adjacent Sydney Water Reservoir site and impacting the stormwater drainage network, which ultimately enters the Woronora River, approximately 1km north-west of the site. Potentially explosive vapours are also affecting a number of chambers and manholes on the Sydney Water Reservoir site, causing OH&S issues for the operation and maintenance of the Reservoir.
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 soil is contaminated with TPH and BTEX compounds and the groundwater is contaminated with TPH, BTEX, naphthalene, Phenol, 2,4-dimethylphenol and ethanol. The contaminants include benzene and are toxic to humans and aquatic ecosystems;
· The contaminated groundwater is migrating off-site and impacting the adjacent Sydney Water Reservoir site and is presenting a vapour risk to the operators of the Reservoir site;
· The contamination is impacting the drainage system of the Reservoir site, which enters the stormwater channel and ultimately enters the Woronora River, approximately 1km north-west of the site; and
· Exposure to the contamination (e.g. via direct contact or via workers / service providers being accidentally exposed to vapours accumulating in chambers, excavations and service utilities), may affect human health.
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 not later than 12 May 2010
[Signed]
JOHN COFFEY
A/Manager Contaminated Sites
Department of Environment and Climate Change
Date: 12 April 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.