Environment Protection Authority
Declaration of remediation site
(Section 21 of the Contaminated Land Management Act 1997)
Declaration Number 21062; Area Number 3185
The Environment Protection Authority (EPA) declares the following land to be a remediation site under the Contaminated Land Management Act 1997 (“the Act”):
Part of Lot 2 in Deposited Plan 605076, which is the Harrington’s Quarry site located at the north of Bardens Creek off Little Forest Road, in the suburb of Lucas Heights, NSW 2234, in the local government area of Sutherland.
A map of the site is available for inspection at the offices of the Department of the Environment and Conservation, Level 15, 59-61 Goulburn Street, Sydney, NSW.
The EPA has found that the site is contaminated with the following substances (“the contaminants”):
· Ammonia;
· Petroleum hydrocarbons; and
· Volatile chlorinated hydrocarbons.
In particular:
Groundwater samples from on-site near the site boundary have ammonia concentrations several orders of magnitude higher than the trigger values listed in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000 for the protection of aquatic ecosystems. The EPA has found that there is potential for off-site migration of ammonia in groundwater.
Regional groundwater discharges to the ephemeral headwaters of Mill Creek and other small un-named creeks, which flow to the Georges River.
The EPA has considered the matters in s.9 of the Act and for the following reasons has determined that the site is contaminated in such a way as to present a significant risk of harm to human health and the environment.
Ammonia, petroleum hydrocarbons, and volatile chlorinated hydrocarbons are toxic to aquatic ecosystems (the degree of toxicity being dependant on specific organisms).
The making of this declaration does not prevent the carrying out of a voluntary remediation of the site and any person may submit a voluntary remediation proposal for the site to the EPA. If the proposal satisfies the requirements of s.26 of the Act, the EPA may agree not to issue a remediation 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 remediation order in relation to the site; or
· Any other matter concerning the site.
Submissions should be made in writing to:
Director Contaminated Sites
Department of Environment and Conservation
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 5930
by not later than 7 January 2005.
[SIGNED]
CAROLYN STRANGE
Director Contaminated Sites
Department of Environment and Conservation
Date: 22 November 2004
NOTE:
Remediation order may follow
If remediation of the site or part of the site is required, the EPA may issue a remediation order under s.23 of the Act.
Variation/Revocation
This declaration may be varied by subsequent declarations. It remains in force until it is otherwise revoked. A declaration may only be revoked when the EPA does not have reasonable grounds to believe that land is contaminated in such as way as to present a significant risk of harm (s.44 of the Act).
Information recorded by the EPA
Section 58 of the Contaminated Land Management Act 1997
requires the EPA to maintain a public record.
A copy of this remediation 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 currently within a remediation site. 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.