Environment Protection Authority NSW
Ongoing maintenance order
(Section 28 of the Contaminated Land Management Act 1997)
Notice Number 20132801; Area Number 3054
Service: By registered mail
ABB Australia Pty Limited
ACN: 003 337 611
1 Bapaume Road
Moorebank NSW 2170
Attention: [Name Withheld]
This notice is issued under section 28 of the Contaminated Land Management Act 1997 (CLM Act).
ABB Australia Pty Limited, “the recipient”, must maintain management action in accordance with the requirements set out in this order.
1. Land to which this notice applies (“the land”)
This notice applies to Lots 2 and 3 in Deposited Plan 32998 located at 1 Bapaume Road, Moorebank NSW.
2. Background
A. ABB Australia Pty Limited is the owner of the land to which this notice applies.
B. Investigations have identified polychlorinated biphenyls (PCB) in soil at the site. The contamination is associated with the use of PCB containing materials during the production of electrical condensers and transformers at the site in the past.
C. PCB-contaminated soils remain at the site. The Environment Protection Authority (EPA) has been advised that a layer of capping material has been placed over in-situ contaminated soil and that recently excavated soil will be contained on the site.
D. The EPA regulated the land to which this notice applies using notice powers under section 35 of the Environmentally Hazardous Chemicals Act 1985.
E. The section 35 notices relating to the site have either been revoked by the EPA or ceased to have legal effect.
3. Commencement of maintenance of management action
This order takes effect from the date of this order and continues in force, unless it is varied or revoked, while the recipient is the owner or occupier of the land.
4. Maintenance requirements
The EPA requires the recipient to maintain the following management action in relation to the land:
a) Maintain the integrity of the capping layer over the PCB-contaminated soil as well as any future PCB containment areas in order to prevent the escape of PCBs and any associated exposures; and
b) Report to the EPA as soon as practicable any incident that causes or threatens to cause the escape of PCBs to the environment (e.g. the Georges River); and
c) Implement a Site Environmental Management Plan (SEMP) for the site that outlines measures designed to:
· Ensure the long-term integrity of the capping material/containment areas, including inspections; and
· Prevent human health and environmental risks including the escape of PCBs to the surrounding environment; and
· Ensure that:
o Prior to any person carrying out any work or activity that may result in the disturbance of PCB-contaminated soil, samples of the soil are collected and tested for PCBs; and
o If PCBs are detected above 50 mg/kg, the work or activity that may result in the disturbance of PCB-contaminated soil is not to be undertaken unless prior written approval has been obtained from the EPA and the work is undertaken in accordance with all requirements of that approval. The work must be conducted in accordance with the Polychlorinated Biphenyl (PCB) Chemical Control Order 1997; and
· Provide guidance to builders and contractors who may access PCB-contaminated soil and specifically addresses the following:
o The disturbance of potentially PCB-contaminated soil which may promote the mobility of PCBs; and
o Any controls or protective equipment required to minimise worker exposure to potentially PCB-contaminated soil; and
d) Submit the SEMP to the EPA within three months from the date of this notice.
5. Notification of change of owner/occupier
At least 30 days prior to the recipient ceasing to be the owner or occupier of the land, as the case may be, the recipient must give written notification to the EPA of the name and contact details of the prospective owner or occupier.
[Signed]
NIALL JOHNSTON
Manager Contaminated Sites
Environment Protection Authority
Date: 13 May 2013
NOTE:
Breaches of this Notice
A person who fails to comply with an order issued under section 28 of the CLM Act is guilty of an offence. Heavy penalties may be imposed where a person fails to comply with directions given in an order issued under section 28 of the CLM Act.
Information recorded by the EPA
Section 58 of the CLM Act requires the EPA to maintain a public record. A copy of this order will be included in the public record.
Information recorded by councils
Section 59 of the CLM Act requires the EPA to inform the relevant local council that this order has been served. 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 subject to an ongoing maintenance order. The EPA is required to notify council as soon as practicable when the order is revoked and the notation on the s.149 (2) certificate is no longer required.
Relationship with other regulatory instruments
This notice does not affect the provisions of any relevant environmental regulatory instruments which apply to the land or provisions of any other environmental protection legislation administered by the EPA, including licence No.86 issued under the Environmentally Hazardous Chemicals Act 1985 and the Polychlorinated Biphenyl (PCB) Chemical Control Order 1997.