Notes: On 5 May 2016 the Environment Protection Authority issued notice No.20154417 to amend this management order.
On 9 December 2013 the Environment Protection Authority issued notice No. 20134435 to amend this management order.
Environment Protection Authority
Management order
(Section 14 of the Contaminated Land Management Act 1997)
Order Number 20131402; Declaration Number 20101109; Area Number 3281
Service: By Registered post
Attention:
The Proper Officer
Rosment Pty Limited (ACN 089 523 875)
11 Grose Street
Parramatta NSW 2150
A. Raylas Pty Limited and Rosment Pty Limited are the registered owners of the United Service Station, 1–3 Oxford Street, Sutherland, NSW, which is an operational service station leased to the Khoury Group Pty Ltd.
B. Following the issue of a clean-up notice in 2009 by Sutherland Shire Council, investigations were undertaken at the site and on the adjacent Sydney Water reservoir site. These investigations identified line failure in the region of the bowsers on the service station site, and contamination resulting from this line failure had impacted the soil and groundwater on the site and led to a contaminated groundwater plume migrating off-site and impacting the adjacent Sydney Water reservoir site. The faulty lines were subsequently replaced, but the secondary source of contamination in the soil and groundwater remains and is continuing to migrate off site.
C. As a consequence of the findings of the investigations, the Environment Protection Authority (EPA) declared the site as significantly contaminated land under section 11 of the Contaminated Land Management Act 1997 (the Act) on 12 April 2010 (Declaration No. 20101109).
D. On 5 November 2012 the EPA wrote to Raylas Pty Limited and Rosment Pty Limited stating that a finalised voluntary management proposal (VMP) should be provided to the EPA by no later than 16 November 2012 and advising Raylas Pty Limited and Rosment Pty Limited that if a VMP is not provided by the deadline stated above, that it is the EPA’s intention to serve Raylas Pty Limited and Rosment Pty Limited with a Management Order to carry out the works.
E. Prior to the making of this order the EPA considered all submissions made as to whether an order should be issued.
F. Under the Act, a management order may be issued to “an appropriate person” within the meaning of the Act. A person who had responsibility for the contamination under section 6 of the Act to which the order relates is an appropriate person within the meaning of the Act. The EPA determined that Raylas Pty Limited and Rosment Pty Limited are the appropriate party to be the subject of this order.
Land to which this order applies
This order applies to all of the declared site in declaration number 20101109 made on 12 April 2010, comprising:
|
Description |
Address |
|
Lot 1 and Lot 2 Section 12, Deposited Plan 1989 |
1-3 Oxford Street, Sutherland, NSW 2232 |
The substance(s) that are the subject of the Declaration of Significantly Contaminated Land No. 20101109 (the significant contaminant(s)) are:
Total Petroleum Hydrocarbons (TPH);
Benzene, toluene, ethylbenzene and xylenes (BTEX);
Naphthalene;
Phenol;
2,4-dimethylphenol;
ethanol
The EPA believes that the Land is contaminated and that the contamination is significant enough to warrant regulation. In particular:
· The soil is contaminated with TPH and BTEX compounds; phase separated hydrocarbons have been identified in several monitoring bores both on and off site 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 the aquatic ecosystems;
· The contaminated groundwater is migrating off-site and impacting the adjacent Sydney Water 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;
· Exposure to the contamination (e.g via direct contact or via workers / service providers being accidentally exposed to the vapours accumulating in chambers, excavations and service utilities) may affect human health.
Under section 14(1) of the Act, the EPA directs Raylas Pty Limited and Rosment Pty Limited to do each of the following in relation to the Land:
1. Implement the Phase 1 Remedial Action Plan (ref. GHD Report No. 21/212118/176761 July 2012). Action to include:
A. Capital Works
i. Inspection and repair/replacement (if required) of the existing oil/water separator and triple interceptor trap (TIT)
ii. Routine pump out of the blocked stormwater drain at MH8 and other points as appropriate, until such time as Council confirms that the drain no longer requires blocking, or the pump out is no longer required.
iii. Removal of disused underground petroleum storage tanks on the service station site to eliminate their potential for on-going contamination. This must be done in accordance with NSW WorkCover Authority requirements and industry best practice.
iv. Installation of a groundwater interception trench along the northern site boundary and part way along the eastern site boundary (in accordance with the proposals set out in the Remedial Action Plan).
v. Installation of water treatment system and any additional piping/fittings as required
B. Remediation
i. Pilot mobile multiphase extraction (MPE) in existing wells with historical LNAPL impact.
ii. Groundwater table depression and bulk removal of impacted groundwater/LNAPL from interception trench with subsequent treatment and disposal.
C. Monitoring
i. Undertake LNAPL and groundwater level gauging in all wells during the MPE
ii. Undertake weekly LNAPL and groundwater level gauging in all wells during water table depression for the first 3 months
iii. Collect baseline measurements from groundwater monitoring locations at the site, the monitoring locations on the Sydney Water site to the north and the three new delineation wells, including groundwater level and LNAPL gauging, sampling for water quality parameters, including laboratory analysis and vapour monitoring in the peripheral drainage system.
iv. Carry out quarterly gauging, water quality sampling and PID measurements in all wells, both on and off-site, from commissioning of the system, to assess/validate effects of removal of LNAPL/impacted groundwater on dissolved phase concentrations, as well as vapour monitoring of peripheral drainage system.
v. Carry out post decommissioning monitoring, comprising fortnightly product gauging and quarterly water quality sampling and analysis, and PID measurements for a minimum period of 24 months. Post decommissioning monitoring should include at least one round of vapour monitoring within the vapour wells on the Sydney Water Reservoir site.
D. Reporting
i. Submission of an Interim Site Condition Report to the EPA and Council. This report is to include details of the UST removal (including soil characterisation), details of the trench installation and baseline groundwater conditions.
ii. Submission of a Progress Report following the pilot MPE to determine effectiveness and any further requirements for MPE at the site.
iii. Submission of monthly Progress Reports to the EPA, to include discussion of LNAPL gauging results and volume recovery, to be produced for the first three months when LNAPL is being gauged weekly. LNAPL gauging results to then be incorporated into the quarterly Groundwater Monitoring Reports thereafter, unless the initial three months’ data indicates that more frequent monitoring is required.
iv. Submission of Groundwater Monitoring Reports to the EPA at Quarterly intervals, to include laboratory results, vapour monitoring results and discussion of remediation progress.
v. Submission of a Decommissioning Monitoring Review Report to the EPA.
vi. Submission of a Phase 1 Validation Report following completion of the Phase 1 remediation works to the EPA and Council.
vii. Submission of an interim auditor advice note to the EPA on the completion of the Phase 1 works, outlining the auditors views on the success of the remediation works to stop the migration of the contamination off-site and the removal of the on-site secondary sources of contamination.
2. Delineation of the groundwater plume to the east and north east. Action to include:
A. Prepare a Sampling, Analysis and Quality Plan (SAQP) for the off-site groundwater delineation.
B. Submit the SAQP to the accredited site auditor for comment prior to submitting the report to the EPA.
C. Installation of off-site wells for groundwater plume delineation
D. Submission of the findings of the delineation of the off-site groundwater plume. This can be included within the Interim Site Condition Report (ref. D.i) above).
3. Assessment of Contamination in the vicinity of the circular steel reservoir on the Sydney Water Reservoir site.
Investigate the contamination in the vicinity of the steel reservoir, including the drainage system around and under the reservoir.
4. Establishment of a Phase 2 work plan based on the findings of the Phase 1 Remedial works, off-site delineation and assessment of the reservoir drainage system.
A. Submission of a Phase 2 Work Plan to the EPA identifying measures to manage / remediate the off-site contamination originating from the service station site.
B. Submission of an interim auditor advice note to the EPA on the adequacy of the Phase 2 Work Plan to manage/remediate the off-site contamination issues emanating from the service station site.
5. Communications Plan
Submission of a Communications Plan to the EPA for approval, to include frequency of stakeholder meetings, dispute resolution process, triggers for meetings etc.
6. Carry out directions consistent with EPA Guidelines
Carry out the directions in this order consistent with any relevant guidelines made or approved by the EPA under s 105 of the Act.
7. Public access to information
Make available for inspection by any person, free of charge, any report on the action taken under the management order, and provide a copy of such a report to any person for a reasonable fee.
8. All submissions to the EPA must be provided to:
(a) posted to: Manager Contaminated Sites
PO Box A290, Sydney South, NSW 1232, or
(b) emailed to: niall.johnston@environment.nsw.gov.au;
Timing of the actions required by this order
The actions required by this order must be completed in accordance with the following table as may be varied from time to time by the EPA in writing.
|
Action |
Date |
|
1A. Capital Works |
|
|
i. Inspection and repair/replacement (if required) of oil/water separator / TIT |
8 March 2013 |
|
ii. Pump out of MH8 and other points as appropriate |
8 March 2013, then periodically as approved by Council and the EPA |
|
iii. Removal of disused USTs |
22 May 2013 |
|
iv. Installation of interception trench, remedial infrastructure and reinstatement and commissioning of system |
22 May 2013 |
|
1B. Remediation |
|
|
i. Pilot MPE trial |
22 April 2013 |
|
ii. Groundwater table depression and bulk removal of impacted groundwater/LNAPL from interception trench with subsequent treatment and disposal |
22 May 2013 |
|
1C. Monitoring |
|
|
i. LNAPL and groundwater level gauging during MPE trial |
22 April 2013 |
|
ii. LNAPL and groundwater level gauging |
Weekly for 3 months following commissioning of the system |
|
iii. Baseline groundwater monitoring and vapour monitoring |
22 April 2013 |
|
iv. Groundwater gauging, monitoring and analyses, including PID measurements |
Quarterly |
|
v. Post decommissioning monitoring |
Fortnightly gauging and quarterly sampling and analysis |
|
2. Delineation of Groundwater Plume |
|
|
C. Installation of off-site monitoring wells |
22 March 2013 |
|
Action |
Date |
|
3. Assessment of Contamination in the Vicinity of the Steel Reservoir |
|
|
Investigate the contamination in the vicinity of the steel reservoir, including the drainage system. |
31 March 2013 |
Timing of the submission of reports required by this order
The reports required by this order must be submitted to the EPA in accordance with the following table as may be varied from time to time by the EPA in writing.
|
Report |
Submission Date to EPA |
|
1D. Phase 1 Remedial Action Plan Reporting Requirements |
|
|
i. Submission of an Interim Site Condition Report (to include the findings of the delineation of the off-site groundwater plume to the east and north east) |
22 July 2013 |
|
ii. Submit MPE Progress Report to the EPA
|
22 May 2013 |
|
iii. Submit monthly Progress Reports to the EPA for the first 3 months when LNAPL is being gauged weekly. |
Within 2 weeks of each month end following commissioning of the remediation system |
|
iv. Submit Quarterly Groundwater Monitoring Reports to the EPA |
Within 3 weeks following each sampling event |
|
v. Submit Decommissioning monitoring review report to the EPA |
Within 8 weeks of a 12 month post decommissioning period being completed, then annually until required |
|
vi. Submit Phase 1 Validation Report to the EPA |
Within 10 weeks of the Phase 1 remedial works being completed |
|
vii. Submit interim auditor advice note to the EPA |
Within 10 weeks of the Phase 1 remedial works being completed |
|
2. Delineation of Groundwater Plume Reporting Requirements |
|
|
B. Submit SAQP to the EPA |
8 March 2013 |
|
A. Submit a Phase 2 Work Plan to the EPA |
22 August 2013 |
|
Report |
Submission Date to EPA |
|
3. Establishment of Phase 2 Work Plan |
|
|
B. Submit interim auditor advice note to the EPA. |
22 August 2013 |
|
4. Communications Plan |
|
|
Submit Communications Plan to the EPA |
8 March 2013 |
[Signed]
NIALL JOHNSTON
Manager Contaminated Sites
(by delegation)
Date: 22 January 2013
NOTE:
Cost Recovery
Section 34 of the CLM Act allows the EPA to recover its costs in connection with the issue of, monitoring actions of and seeking compliance with a remediation order.
Information recorded by the EPA
Section 58 of the CLM Act 1997 requires the EPA to maintain a public record. A copy of this management order 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 order 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 1979 that the land is currently subject to a management order. The EPA is required to notify council as soon as practicable when the order is no longer in force and the notation on the s 149(2) certificate can be removed.
Relationship to other regulatory instrument
This order does not affect the provisions of any relevant environmental planning instruments which may control the land on which the land is located or provisions of any other environmental protection legislation administered by the EPA.
Guidelines made or approved under section 105 of the CLM Act.
All the directions in this order must be carried out consistent with guidelines made or approved under section 105 of the CLM Act. See http://www.environment.nsw.gov.au/clm/guidelines.htm.
Appeals against this decision
You can appeal to the Land and Environment Court against this order. The deadline for lodging the appeal is 21 days after you were given notice of this order.
Note: All references in the EPA's contaminated sites guidelines to the Australian Water Quality Guidelines for Fresh and Marine Waters (ANZECC, November 1992) are replaced as of 6 September 2001 by references to the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC and ARMCANZ, October 2000), subject to the same terms.
National Environment Protection (Assessment of Site Contamination) Measure 1999
(I) Schedule A
(II) Schedule B -Guidelines
(1) Guideline on Investigation Levels for Soil and Groundwater
(2) Guideline on Data Collection, Sample Design and Reporting
(3) Guideline on Laboratory Analysis of Potentially Contaminated Soils
(4) Guideline on Health Risk Assessment Methodology
(5) Guideline on Ecological Risk Assessment
(6) Guideline on Risk Based Assessment of Groundwater Contamination
(7a) Guideline on Health-Based Investigation Levels
(7b) Guideline on Exposure Scenarios and Exposure Settings
(8) Guideline on Community Consultation and Risk Communication
(9) Guideline on Protection of Health and the Environment During the Assessment of Site Contamination
(10) Guideline on Competencies & Acceptance of Environmental Auditors and Related Professionals