ENVIRONMENT PROTECTION AUTHORITY
OF NEW SOUTH WALES
Environmentally Hazardous Chemicals Act 1985
Notice pursuant to Section 35
To: Commonwealth of Australia
c/- Australian Department of Administrative Services
GPO Box 1920,
Canberra ACT 2601
(the "Occupier")
WHEREAS:
A. The Commonwealth of Australia (through the administration of the Australian Department of Administrative Services) is in occupation and/or control of the former industrial liquid waste disposal site, Lucas Heights, known as the IWC site and being part of the land described as Lot 2 in Deposited Plan 605076 which is more properly described as the remainder of Portion 16, Parish of Holdsworthy, County of Cumberland (the "premises");
B. The Environment Protection Authority ("EPA") has reasonable grounds to believe that the premises are becoming or have become contaminated by reason of their use for or in connection with the carrying on of a prescribed activity or prescribed activities in relation to a chemical or chemical waste;
C. The chemical or chemical waste is described as liquid industrial and intractable wastes including dioxins, contaminated polychlorinated bi-phenyls (PCBs), chlorophenol, heavy metals, xanthate and coal tar wastes;
D. The nature of the contamination is the environmental degradation of the premises by the presence of the liquid industrial and intractable wastes rendering the premises unsafe or unfit for habitation or occupation by persons or animals and the behaviour of drainage as controlled by hydraulic head conditions across the premises causing the seepage of contaminated effluent both on-site and off- site.
TAKE NOTICE that the EPA DIRECTS you to take prescribed remedial action as follows:
1.1 Assessment of Existing Data and Remedial Action Plan
1.1.1 The Occupier should establish the existing state of affairs in relation to the Interceptor Trench and other engineering emplacements on the premises by obtaining copies of the design and construction plans from the original consultancy or the former occupier who commissioned the engineering works and obtaining a professional assessment of the continued viability of the Interceptor System from either the original design consultant or an alternative groundwater engineering consultancy.
1.1.2 The Occupier shall seek the approval Of the EPA prior to appointing the groundwater consultant for the purpose of providing the professional assessment referred to in paragraph 1.1.1 above.
1.1.3 The Occupier shall submit to the EPA a copy of the professional assessment of the Continued viability of the Interceptor System made by the consultant approved by the EPA pursuant to 1.1.2 not later than 40 days from the date of this Notice.
1.2 Leachate Characterisation
1.2.1 The Occupier shall carry out action for the purpose of characterising the leachate seeping from the premises by conducting initial sump, water testing through the collection of samples, the analysis of those samples and review and report of the testing results.
1.2.2 The Occupier shall obtain the approval of the EPA prior to the commencement of the action specified in 1.2.1 above for:
1.2.2.1 the person(s) proposed to undertake sample collection;
1.2.2.2 the sampling protocol to be followed;
1.2.2.3 the laboratory proposed to undertake the analysis of the samples; and
1.2.2.4 the tests proposed to be carried out on the samples.
1.2.3 The Occupier shall submit the report prepared on the samples analysed to the EPA not later than 60 days from the date of this Notice.
1.3 Leachate Removal and Transfer
1.3.1 The Occupier shall arrange for the suction tanker pump out of collected leachate and transport from Lucas Heights to the Waste Recycling and Processing Service ("WRAPS") Aqueous Waste Treatment Facility at Lidcombe.
1.3.2 The Occupier shall obtain the prior approval of the EPA for any contractor(s) whose services the Occupier proposes to retain for the purpose of carrying out the action required in 1.3.1 above.
1.4 Leachate Treatment and Disposal
1.4.1 The Occupier shall arrange for the treatment leachate wastewater at the WRAPS AqueousTreatment Plant at Lidcombe and, in accordance with any requirements of WRAPS, for the ultimate disposal of residual sludge to the WRAPS' secure landfill facility at Castlereagh.
(the action described in paragraphs 1.1 to 1.4 being hereinafter collectively referred to as the "Works")
2.1 The Works shall be completed not later than 90 days from the date of this Notice.
2.2 The occupier shall produce to the EPA immediately upon completion of the Works a report detailing the total volume of leachate wastewater pumped out of the Interceptor System and the rate of removal by the suction tanker used for such.
3.1 The Occupier should note that the Environmentally Hazardous Chemicals Act 1985 provides that more than one notice under section 35 may be served on the occupier of any premises, and the direction given by any such notice may be revoked or varied by the direction given by a subsequent notice or notices under that section. A direction may be varied by modification of, or addition to, its terms and specifications.
3.2 The Occupier shall ensure that in carrying out the Works there is no breach of the Clean Waters Act 1970, Clean Air Act 1961, Noise Control Act 1975, Waste Disposal Act 1970 or any other environment protection legislation (as defined in the Protection of the Environment Administration Act 1991) or any environmental planning instrument pursuant to the provisions of the Environmental Planning and Assessment Act 1979 by the occupier, its employees, agents or contractors.
In particular, the Occupier is advised that it is an offence pursuant to Part 2 of the Environmental Offences and Penalties Act 1989 if an occupier, without lawful authority, wilfully or negligently disposes of a waste or causes any substance to leak, spill or otherwise escape in a manner which harms or is likely to harm the environment.
(signed)
NEIL SHEPHERD 19 January 1993
Director-General
