Regulation and Management of Contaminated Land in NSW. NSW EPA, Stephanie Yu CLM Program 18 November 2015

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1 Regulation and Management of Contaminated Land in NSW NSW EPA, Stephanie Yu CLM Program 18 November

2 Overview NSW legislation and Contaminated Land Framework Roles and responsibilities Significantly Contaminated Sites UPSS 2

3 History of NSW Legislation Pollution Contaminated Land Clean Air Act 1961 Clean Waters Act 1970 State Pollution Control Commission SPCC Noise Control Act 1975 Environmental Planning and Assessment Act 1979 Protection of the Environment Administration Act Formation of EPA Protection of the Environment Operations Act 1997 Unhealthy Building Land Act 1990 (Public Health Act 1902) Environmentally Hazardous Chemicals Act 1985 (ss 35 &36) Contaminated Land Management Act Guidelines by EPA (s105) SEPP 55 - Remediation of Land Planning guidelines - Council contaminated land policy (DCP) Waste Avoidance and Resource Recovery Act Waste guidelines 3

4 National Framework NEPMs National Environment Protection Measures (NEPMs) Approved by State and Territory Environment Ministers NEP(Assessment of Site Contamination) M 1999 Assessment ONLY National Environment Protection Council (NEPC) administers Each jurisdiction applies (NSW s.105 CLM Act) Amended in

5 Key NSW Legislation Contaminated sites are managed through either: Contaminated Land Management Act Contaminated sites where intervention by the EPA is warranted; or Environmental Planning and Assessment Act 1979, including SEPP55 & Planning Guidelines - Contaminated sites where remedial actions can wait for development control process (ie rezoning /redevelopment) and /or Protection of the Environment Operations Act 1979 pollution events, scheduled activities, UPSS regulation 5

6 ESD ASC NEPM CLM Act & Guidelines EPA Operational policy & controls Auditor Scheme Planning Development approvals & policy Community, Landholders, Industry, Developers, Agencies, Consultants Contaminated land policies, guidance EP&A Act SEPP 55 & Guidelines Local Councils Development approvals & controls POEO Act (Waste) (UPSS) (Vapour Recovery) 6

7 The Role of Contaminated Site Auditors Available to anyone who needs independent, authoritative review of information relating to contaminated sites. CLM Act and Auditor Guidelines describe auditor scope EPA accredits auditors, performs QA/QC on their work to ensure independence and adherence to regulatory requirements Audit: Critical review of data - sets out rationale for auditor findings Statutory audit: required under a regulatory instrument eg Clean Up Notice, Development Approval, Management Order - advised to EPA Non Statutory Audit: issued as part of due diligence report 7

8 Contaminated Land Management (CLM) Act 1997 Sets out: Accountabilities for managing contamination polluter pays & hierarchy of responsibility: polluter, owner and notional owner Role of EPA in assessment, supervision, investigation and management of contaminated sites Role of EPA for accreditation of site auditors- Part 4 & Auditor Guidelines Role to ensure contaminated land is managed according to ESD principles Role of EPA to maintain records (local authority to be informed - s59) 8

9 Applies only to sites where contamination is Significant Enough to Warrant Regulation (SEWR) Requires notification by owner/polluter of significant contamination s60 Duty to Report guidelines - Assessing site contamination for SEWR - s12 - Public notification of significantly contaminated sites CLM Act: - Regulating sites through voluntary agreements or proscription to investigate and remediate (Declarations, Orders), - Cost recovery - Site Auditor accreditation scheme Contaminated Land Management Record links with s.149(2) certificates

10 CLM Act: s.11 Declarations (after assessment) s.10 Preliminary Investigation Orders s.17 Voluntary Management Proposals s.14 Management Orders s.44 Amendment/Repeal Notices s.28 Ongoing Maintenance Orders s.29 Ongoing Maintenance - Restrictions and Covenants List of sites notified under s.60 (GIPA proactive information disclosure) Website Orders are enforceable penalties for non compliance 10

11 CLM Act: Voluntary Management Proposals vs. Management Orders 17% 73% 10% Approved Voluntary Proposals Orders s28 Notices Source: The EPA March 2014 Proportion of sites regulated by approved voluntary management proposals and other regulatory tools, in the last five financial years (~200 sites total) 11

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13 Sources of Contamination Old (18-19 th Century) New (20 th Century) Cesspits/ sewage Putrescibles Abattoirs Tanneries/wool scouring Mines/smelters Foundries/factories Shipyards Gasworks Stock dip sites Intensive agriculture Electroplating Synthetic Pesticides Power stations Petro-Chemical works Scrap yards Radionuclides Fuel Storage & Supply Dry cleaners Pharmaceuticals e-waste 13

14 ~ 70% of EPA regulated sites are petroleum related Source: Auditor-General s Report

15 Fuel Storage and Dispensing

16 Underground Petroleum Storage System Regulation 2014 AS : The design installation and operation of underground petroleum storage systems System Design & Installation: subsurface infrastructure fitfor-purpose Operational Management: managed, maintained & monitored with records to show how. System Backup: if all else fails a way to detect leaks and report incidents Informing authorities: if an incident occurs (Part 5.7 POEO) 16

17 Government Roles at UPSS Sites Council surface management, pollution, above ground structures Development Approvals Fuel handling: Vapour management & recovery EPA Pollution Prevention Google Image UST Infrastructure, management, loss monitoring, maintenance, leak detection, reporting SafeWork Safety Dangerous goods notification, UST abandonment & removal 17

18 Investigation of Service Station Sites 18

19 Guidance Guidelines made under s105 the CLM Act and POEO Includes those published by EPA and others endorsed in the Act - have statutory force Technical notes prepared by the EPA Industry sourced documents Eg CRC CARE 19

20 Consultant Certification EPA Recognised Certifications - Site Contamination Practitioners Australia - Contaminated Land Assessment Specialist Certified Environmental Practitioner (EIANZ) Reporting requirements - All reports submitted to the EPA to be prepared or reviewed by certified practitioner - Transition until 1 July

21 Summary Contamination versus Pollution Interaction of legislation EPA/CLM Act Significantly Contaminated Sites Fuel facilities are the No.1 source of contamination All have a role to play to ensure these sites are managed correctly 21

22 Questions Source: Malcom Dale 22