Environment Protection Authority
Declaration of significantly contaminated land
(Section 11 of the Contaminated Land Management Act 1997)
Declaration Number 20181108; Area Number 3433
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under the Contaminated Land Management Act 1997 (“the Act”):
This declaration applies to Sydney Park and all adjacent pathways and roadways, as shown bounded in blue on the attached map.
The EPA has found that the site is contaminated with the following substances (“the contaminants”):
· Methane
· Carbon dioxide.
The EPA has considered the matters in section 12 of the Act and has reason to believe that the land is contaminated and that the contamination is significant enough to warrant regulation under the Act due to the following:
· The site is a former landfill and was used for the disposal of municipal waste over many years;
· The decomposition of wastes contained in the landfill are a source of ground gases, including methane and carbon dioxide;
· Concentrations of methane and carbon dioxide measured in subsurface monitoring wells at the perimeter of the park are high compared to nominated assessment criteria;
· Whilst low reported gas flow rates indicate a low risk or very low risk classification, there is the potential for offsite migration of methane and carbon dioxide via preferential pathways due to the geology of the site; and,
· Refinement of exposure pathways, more accurate calculations of flow rates and ongoing management is required to better define and manage any risks.
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.
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:
Director
Contaminated Land Management
Environment Protection Authority
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 6603
by not later than 24 March 2019.
[Signed] 25 February 2019
ARMINDA RYAN
Director Contaminated Land Management
Environment Protection Authority
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 section 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This declaration may be amended or repealed.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 s10.7 of the Environmental Planning and Assessment Act 1979 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 s10.7 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.
