THE NSW Environment Protection Authority (EPA) has issued $61,000 in fines for improper earthworks at the Bruce MacKenzie Complex at Salt Ash.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Port Stephens Council was fined $45,000 for the unlawful transport of waste and use of land as a waste facility.
Consultant Cardno Pty Ltd was fined $16,000 for supplying false and misleading information about the waste’s composition.
Port Stephens Council transported and deposited approximately 20 tonnes of waste generated through construction activities at Salt Ash Hall, to the Bruce MacKenzie Complex, in March 2015, despite not being licensed to store or dispose of waste at the complex.
A further 3000 tonnes of excavated soil from a site in Medowie was transported to the complex in July 2015, for the purposes of building a BMX track.
The EPA acted on reports that a stockpile contained acid sulfate soil – which its investigation confirmed – as well as significant amounts of mixed building and demolition materials.
EPA regional waste compliance manager Cate Woods said the intention to reuse the material might have been good but the noted the execution had potentially put the environment and human health at risk.
“Port Stephens Council had the waste tested for contaminants by Cardno but this was only after it had already arrived at the Bruce MacKenzie Complex, potentially already posing a risk to the environment,” Ms Woods said.
“Furthermore, Cardno issued two reports concluding that waste at both the Complex and the Medowie site was excavated natural material and appropriate for reuse, despite their test results showing that this was not the case.
“Our testing also confirmed the presence of acid sulfate soils, which Cardno had failed to pick up.”
Acid sulfate soils are commonly found in coastal areas and potentially have a significant impact on the environment if they are exposed to oxygen. Exposure may generate sulfuric acid, which in turn can impact water quality and damage infrastructure.
The EPA advises that careful management is required to minimise this risk.
“Port Stephens Council has since voluntarily undertaken two separate neutralisation treatments and the EPA will continue to monitor the outcome of this treatment and final use of the waste,” Ms Woods said.
Penalty notices are just one of a number of tools the EPA can use to achieve compliance with the Protection of the Environment Operations Act 1997.
Others include investigation, prevention and clean up notices; official cautions; and prosecutions.
The EPA said it had taken a range of factors into account before it delivered the fines.
Factors included the degree of environmental harm, potential for health impacts, the degree of intent, compliance history, public interest and best environmental outcomes.
