Contaminated Land Auditing Charting Complex Waters

Transcription

1 Presentation to Environmental Health Association Perth, September 2013 Contaminated Land Auditing Charting Complex Waters Roger Parker Principal Accredited Contaminated Site Auditor

2 Content of Presentation Background and what is an environmental audit Regulatory drivers Audit systems in Australia Types of audits Overview of some specific State requirements (Vic, NSW and WA) Working with an Auditor Examples of audits - where local government involved (good, bad and ugly) Concluding remarks

3 Contaminated Land and Local Government Local Government interacts with contaminated land issues in range of ways: Planning authority Owner of land responding to a regulatory requirements Disposing of land Purchasing land Acquiring land following subdivision For each of these, Local Government will interact with one or both of the following consulting parties: Contaminated land Assessor Contaminated land Auditor (Environmental Auditor, Site Auditor, etc.) Two presentations: Roger Parker Auditor perspective Ivan Kwan Assessor perspective We both practice as Auditors and Assessors Environmental Auditing is a key part of contaminated land practice in Australia 25 October

4 Audit Drivers Victoria multiple types of environmental audit under the EP Act NSW site audit defined in CLM Act Queensland EP Act EPA sign-off but can have an Auditor involved WA CS Act - DER classifies site based on Auditor review and recommendations SA EP Act site contamination Auditors provide recommendations ACT Contaminated land policy generally focusses on use of NSW Auditors but Victorian Auditors can also work in ACT NT Recognises Victorian Auditors Audit triggers within each jurisdiction but include: Planning requirements Regulatory directions Voluntary

5 What is an Audit? In most states an audit of site or land is: a review of another parties work leading to an opinion on land suitability with or without conditions or management Victoria an audit is defined as: a total assessment of the environment (s.53x) although under s.53v can define scope of audit assessing risk of harm or detriment. Key difference Vic Auditor can: assess land as well as audit (although infrequently done) is able to provide specific advice to the Assessor. In practice environmental audits involve a review of another parties report (apart from a very small number in Victoria)

6 Auditing in Australia First developed in Victoria over 20 years ago Followed the Ardeer land contamination issue Initial skepticism: Liability on Auditors Who would take on the role of Auditor? Too onerous for Auditor to sign-off Now audit systems operating in most States and Territories Different jurisdictions refer to land or sites. In either case need to deal with: Soil; and Groundwater

7 Who can be an Auditor? All jurisdictions have similar appointment / accreditation criteria: Relevant expertise in contaminated land assessment and remediation Support team available Appropriate insurance Mutual Recognition Act makes it relatively easy for Auditors to be appointed / accredited in multiple jurisdictions

8 Victoria Three types of Auditors: Contaminated land Facilities Natural systems All appointed with same designation Must only audit in area of expertise Two types of Audit: S.53V risk of harm due to industrial process etc. S.53X audit of condition of segment of environment

9 Victoria 53X Audit Commonly used as part of planning process. Planning authority must satisfy itself of land suitability Required under Minister s Direction No 1 (industrial, etc. land being re-zoned to sensitive use) Intent is to assess suitability of land Auditor engaged to issue Certificate of EA (suitable for all beneficial uses) Must consider all relevant elements (land, groundwater, surface water and air) Can decline to issue Certificate and issue Statement of EA (SoEA) for a specific use or uses, with or without conditions Conditions on SoEA should be clear and enforceable If groundwater polluted need CUTEP to be determined prior to completion of audit

10 Victoria - 53V Assessment of risk of harm or detriment to the environment Set up for Facility Audits but now; Commonly used for land and groundwater contamination issues; and Extensively used for a wide range of auditing at landfills (groundwater, landfill gas, cell construction, closed landfill) Typically required under Notice or Licence Audit report prepared assessing risk of harm to element(s) of environment within or adjacent to a segment Can include recommendations

11 NSW Any review by an Site Auditor must be in accordance with guidelines Statutory Audit required under any legislative requirements (DA, EPA notice, etc.) must notify EPA and forward SAS after preparing SAR Non-statutory Audit can be requested by anyone no notification but report can be requested by EPA must provide site owner with SAS after completion of SAR Key points Various outcomes depends on what requested (e.g. suitability of RAP) Scope can be limited (e.g. cleanup of ethanol spill) Audit can be done in stages or continuous with SAS at end Site can be deemed suitable for one or more uses Can have an environmental management plan attached EMP needs to be enforceable need agreement from Council If groundwater contamination need to consider CUTEP

12 Western Australia Following submission of a report, DER will classify land as one of the following: report not substantiated possibly contaminated - investigation required not contaminated - unrestricted use contaminated - restricted use contaminated - remediation required decontaminated Audits are a means of providing greater confidence to DER in reporting Mandatory audits essentially required where statutory driver Voluntary audits can be requested at any time. Can be used if mandatory audit likely at a later time (e.g. planning requirement expected) Strict requirement for audit to be review of Assessor work

13 Do auditing systems work? Auditing of land in Victoria for more than 20 years Thousands of audits completed successfully in many jurisdictions May slow down assessment process but generally not dependant on regulatory decisions Developers complain about time for completion 25 October

14 Why is auditing complex? Local government often interacts at different levels (owner, purchaser, planning authority) Multiple parties involved (developers, Assessors, Auditors, regulators) It takes time (typical audit takes a year or more my longest audit is over 10 years) Developers get annoyed when someone gets it wrong 25 October

15 How to use audit systems? Choose Auditor carefully Select based on experience and skills relevant to the project Complex projects will require an Auditor that can use judgment Start audit early in process (can take years, particularly where there are groundwater issues) Have a strategy to achieve the required Audit outcome Guide (to extent appropriate) the Auditor Timelines are important (cannot control time for Regulatory interface) Make the Assessor (consultant) work hard to supply quality information and advice Communicate with the Auditor Understand that Auditors are risk adverse Work with the Auditor to reduce uncertainty of outcome Adversarial Auditor might make conservative decisions Work with Auditor to communicate with the regulator, where required

16 What causes delays in audits? Groundwater contamination needs CUTEP or RTEN Non aqueous phase liquids Poor quality assessment Client timelines 25 October

17 Council Depot and Gasworks Sold for Residential Development

18 Tars and other contaminants Council Depot and Gasworks, Brisbane Depot included part of former gasworks and was covered by fill from gasworks operation Long term liability for contamination contracted to purchaser but former owner (including council) responsible for cost of remediation TPR required to make recommendation to DERM (name at time) Developer wanted no contamination left Did not want any on-going management, i.e. site not to be listed on EMR Poor understanding of expected outcomes by remediation contractor: Expected to complete remediation in 18 months but took 5 years Cost probably triple the lump-sum bid Outcome: Most of site did not require listing on EMR nearly achieved Developer s objective Project over time and over budget Lots of stress for 5 years 25 October

19 Great Waterfront Site

20 Waste Fill Covered All of Site

21 Tar

22 All Fill Removed

23 Odour Management

24 Odour Tent

25 Acid Sulfate Soils

26 Why are the apartments empty? 25 October

27 Laundry Facility, Melbourne Large laundry and dry cleaning complex operated through the time that PCE was introduced into Australia Site closed and land developed for block of flats Audit required but started late Significant PCE contamination found in soil and groundwater Auditor could not complete audit so issued SoEA indicating land not suitable for any use Apartments left empty as land unsuitable for use Legal proceedings many parties named including Planning Authority Question regarding timeliness and adequacy of planning conditions in relation to audit Legal fees and settlements in order of $10s of millions 25 October

28 Old Service Station 25 October

29 Car Dealer and Service Station, Rural Victoria Service station in rural Victoria Pumps and tanks on verge of main street Site redeveloped for retail Vapours in one of shops EPA issued Notice to clean up (two shop owners and council) Council remediated the footpath Risk of harm audit completed Audits of shops yet to be completed (land of funds) 25 October

30 Remediation in Council Land 25 October

31 Council Depot Divestment October 19,

32 Council Depot Melbourne Divestment of former depot for residential development Tar impacts to soil and groundwater Forensics found source Remediate soil critical issue was odour Remediate groundwater Took many years Audit outcome allowed high density residential use 25 October

33 Groundwater Remediation Groundwater Extraction System designed, installed and commissioned between 2002 and 2004 to manage contamination plumes October 19,

34 Soil Remediation Hot Tar Mix Plant Remediation Excavation: completed in slots liquid tar encountered October 19,

35 Soil Remediation and Odour Control Excavated material mixed in the odour control tent with green waste and fertiliser and loaded straight into biopile OH&S requirements for operating inside tent October 19,

36 Inside Tent Remediation excavation completed in a number of stages: Layered contamination Adjacent to footpath. October 19,

37 Concluding Remarks Robust audit systems now in place Audits deliver confidence in outcomes Work with the Auditor pro-actively to achieve the best outcomes for all parties