The environmental watchdog has fired a $45,000 fine at Port Stephens Council – after it had earlier this year agreed to remove building rubble and treat acid sulfate soils found stockpiled there.

“The track will be built, the kids will have a track,” Cr MacKenzie said.

“We’re looking for sources of material to build the track as we speak.”

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, without proper permissions. A further 3000t of excavated soil from a site in Medowie was transported to the complex in July 2015, for the purposes of building a BMX track.

Cr Geoff Dingle and Salt Ash Pony Club president Lisa Gregory were among those who raised concerns about the stockpile. The EPA responded with an investigation that confirmed the presence of acid sulfate soils.

These can generate sulfuric acid when exposed to oxygen. This can impact water quality and damage infrastructure.  

EPA regional waste compliance manager Cate Woods said the council had “potentially put the environment and human health at risk” despite all good intentions.

“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,” she said.   

Cadno Pty Ltd was also fined $15,000 for “false information” about the nature of the material.

“The grass has thrived where we’ve treated and spread the soil,” Cr MacKenzie said.

“It can’t be that bad, you can treat it.”

The council has set aside $40,000 in profits from land sales for track construction.