Remediation Order
Notice Number: 23009B
Area Number:: 3353
Service: By Registered Mail to address shown in EPA
records
The Crown in right of the State of New South Wales
Department of Lands
PO Box 6
East Maitland
NSW 2323
Attention: Mr Terry New, MManager of Operations
A. On 10 September 2002 the Environment Protection Authority (EPA) declared the following land (collectively referred to as "the site") as a remediation site under s.21 of the Contaminated Land Management Act 1997 (the Act):
· Lot 201 DP 805914 in the Local Government Area of Lake Macquarie City, known locally as the Pasminco Cockle Creek Smelter located in Boolaroo, New South Wales ("the Pasminco site");
·
that part of the bed sediments of the
southern part of Cockle Creek in line with the northern boundary of the Pasminco
Cockle Creek Smelter (Lot 201 DP805914) and continuing south to Cockle Bay
("the Cockle Creek site"); andand
the bed sediments of Cockle Bay in North Lake
Macquarie extending from Cockle Creek and enclosed by a straight line from the
public wharf from Spears Point Park and the foreshore of Cockle Bay at the end
of Aspinall Street, Booragul ("the Cockle Bay site"). (see map
attached to this order)
·
the bed sediments of Cockle Bay
in North Lake Macquarie extending from Cockle Creek and enclosed by a straight
line from the public wharf from Spears Point Park and the foreshore of Cockle
Bay at the end of Aspinall Street, Booragul ("the Cockle Bay site").
B.
The site has been found to be contaminated with metals,
in particular lead, cadmium and zinc
("the contaminants") in such a way as to present a significant risk of harm.
C.
On 1 July 2003 the EPA served a remediation order on
Pasminco Cockle Creek Smelter Pty Ltd as a person principally responsible for
the contamination at and emitting from the Pasminco site. That order applies to
the Pasminco site only.
D.
The EPA has considered the matters in s.9 of the Act and
found that, ccontaminants from the Pasminco site are migrating in
groundwater towards Cockle Bay and Cockle Creek and in surface water to Cockle
Creek, which discharges to Cockle Bay. The contaminants have been deposited in
the sediments in Cockle Creek and Cockle Bay. The type of
contaminants detected in the Bay and Creek correlate with the substances and
waste slags generated at the Pasminco site as part of the smelting activities.
The EPA has found that
·
The
contaminants in Cockle Creek and Cockle Bay would not be expected to occur at
the level found if there were no industrial sources of the contaminants in the
drainage catchment of Cockle Creek and Cockle Bay;
·
The contaminants are present in the bed sediments of
Cockle Creek and Cockle Bay at concentrations significantly above the sediment quality guidelines
in the Australian
and New Zealand Guidelines for Fresh and Marine Water Quality (, sediment quality guidelines
of the Australian and New Zealand Environment Conservation Council
(ANZECC)
2000);
·
There
is evidence that increased rates of skeletal abnormalities have occurred in
larval fish in Cockle Bay (North Lake Macquarie);
·
There
is evidence of a decreased scope for growth in test organisms placed in
sediments of Cockle Bay;
·
There
is evidence of an accumulation of lead and cadmium in muscle and reproductive
tissues of fish in Cockle Bay; and
·
Some
uses of Cockle Creek and Cockle Bay are likely to cause disturbance of the
contaminants in the bed sediments and further increase the risk of exposure of
aquatic organisms.
The EPA has found that the
contamination in the bed sediments at the Cockle Creek and Cockle Bay sites
poses a significant risk of harm to the environment. There is a significant
risk that
·
Harm
is being caused to estuarine organisms living in the sediments by direct
exposure to the contaminated sediments; and
·
Harm
may be caused to larger aquatic organisms from the consumption of contaminated
sediments and smaller aquatic organisms.
E.
This order applies to the
Cockle Creek and Cockle Bay sites (see map attached to
this order).
F.
The beds of the Cockle Creek
and Cockle Bay sites are vested in the Crown in right of New South Wales whose
functions are exercised through the Department of Lands (formerly through the
Department of Land and Water Conservation).
G.
The beds of the Cockle Creek
and Cockle Bay sites may be subject to maintenance dredging, without the need
for development consent by Lake Macquarie City Municipal Council,
under the State Environmental Planning Policy No 35 - Maintenance Dredging of
Tidal Waterways (SEPP 35).
H.
The purpose of this Order
is to ensure disturbance of contaminated sediments at the Cockle Creek and
Cockle Bay sites is minimised and that persons proposing to carry on activities,
which may disturb these sediments, prepare and comply with an EPA
approved management plan. The EPA may review the adequacy of this
management strategy in light of future monitoring and scientific knowledge ofn the impact caused by these sediments.
I.
The EPA has considered
all submissions received in response to the remediation site declaration as to
whether an order should be made.
J.
The EPA has provided a
copy of this order to Pasminco Cockle Creek Smelter Pty Limited ACN 000 083 670
for the purposes of s.23(4)(b) of the Act, which requires the EPA to serve
copies of the order on 'those persons who the EPA has reason to believe
contaminated the land in such a way as to present a significant risk of harm.' The
EPA has provided a copy of this order to Pasminco Cockle Creek Smelter Pty Limited [under deed of Company Arrangement] ACN 000 083 670 for
the purposes of s.23(4)(b)
of the Act.
K.
The EPA has served a
similar order on Lake Macquarie City Municipal Council
(Council) as an appropriate
public authority, under section. 12(5) and 23(1) of CLMthe Act, as the Council
may undertake maintenance dredging without the need for development consent,
under the SEPP 35.
By this order, the
EPA orders the Department of
Lands as the Crown in right of the State of New South Wales, being a public authority
within the meaning of the Act, to do the following:
1. The
Crown in right of New South Wales, in relation to its land management functions
vested in the Department of
Lands, must refrain from carrying out, or causing, permitting or allowing another
person to carry out any works or activities at the Cockle Creek or and Cockle Bay
sites that would result in the disturbance, or further disturbance, of bed
sediment at the Cockle Creek or and Cockle Bay
sites except as provided by this Order.
Without
limiting the above, eExamples of the
types of works or activities that may come within the scope of this Order
include; construction and maintenance work such as dredging or excavation
activities for boating facilities (for piers, wharves, slipways or marinas) or
infrastructure (including bridges or pipelines).
2. Prior to commencing any such works or activities described or referred to in paragraph 1 above, the person proposing to conduct the works or activities must prepare and submit for the EPA's approval a written management plan with specific measures directed at minimising the disturbance and migration of the contaminants in the bed sediments at the Cockle Creek and Cockle Bay sites.
3. The
management plan submitted to the EPA must be prepared in accordance with the
EPA publication titled Guidelines for
Consultants Reporting on Contaminated Sites, dated November 1997, as it
relates to investigation and or remedial action plans.
4. The person proposing to conduct the works or activities must have the management plan audited by an accredited site auditor in accordance with Part 4 of the Act before submitting the plan to the EPA for approval.
5. The EPA may approve the management plan as submitted or approve the management plan subject to a requirement that additional mitigation measures be implemented. The person proposing to conduct the works or activities cannot commence such works or activities until the management plan submitted to the EPA has been approved in writing.
6. The works or activities must be carried out in accordance with the management plan approved by the EPA.
7. On completion of the works or activities, the person having conducted them must prepare, and furnish the EPA with, a report which addresses the manner in which the works were implemented and how the management plan was complied with.
1.[SIGNED]At this
stage, no active remediation works are envisaged. Rather, the critical issue is
that the bed sediments are not disturbed without appropriate investigation. It
is envisaged that no action besides 'non-disturbance' will be required, for the
time being. This approach will be required to be periodically reviewed as to the
appropriateness of this management strategy.
1.
Director Contaminated Sites
Department of Environment
and
ConservationProtection
Authority
(by Delegation)
Date: 19 July 2004
NOTE:
Relationship to other
regulatory instrument
This order does not derogate from 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.
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 order will be
included in the public record.
Information recorded by
councils
Section 59 of the Act
requires the EPA to notify the relevant local council as soon as practicable
after an order is made. 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
subject to a remediation 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 is removed.
Term of this order
This order may only be varied or revoked in writing
pursuant to section 44 of the Act.
A variation to the order
may modify or add to the terms and specifications of the order. The EPA may issue
a further remediation order to an appropriate person or public authority as
defined in s.12 (2) of the Act, including 'a person who had principal
responsibility for such contamination of the land'. Such decisions may be made as a result of new advice or
information, new remediation technology or changes in the proposed use of the
land and may require some other form of
remediation action.
Periodic
review and further remediation action
No active remediation
works are envisaged, for the time being. Rather, the critical issue is that the
bed sediments are not disturbed without appropriate investigation. The
appropriateness of this strategy will be required to be periodically reviewed.
Cc:
|
Department of
Infrastructure Planning and Natural Resources Regional
Director Ms
Cathy Cole P O Box 2213 DANGAR NSW 2309 |
Lake
Macquarie City Box 1906 Hunter Regional Mail Centre NSW 2310 Attention: Mr K Holt, General Manager |
|
Ferrier Hodgson Mr John Batchelor, Manager PO Box 290 Collins St West MELBOURNE VIC 8007 |
Pasminco Cockle Creek Smelter Pty Ltd Site Manager Mr Stuart Munro PO Box 42 BOOLAROO NSW 2284 |
|
Hunter Water Corporation Manager Strategic
Operations Mr Alan Thornton P O Box 5171 Hunter Regional Mail
Centre NSW 2310 |
Roads and Traffic
Authority Regional Manager
Newcastle Mr
Bob Sharp Locked Bag 30 NEWCASTLE NSW 2300 |
