ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 Licence No: 26 EPA File No: EF13/2466 Name of licensee: Address of licensee: Commencement Date: 20 July 2018 In force until: 20 July 2021 Orica Australia Pty Ltd A.C.N. 004 117 828 16-20 Beauchamp Road MATRAVILLE NSW 2036 Address of Premises to which the licence applies: Name Address Suburb State Postcode Orica Australia Pty 16-20 Beauchamp Matraville NSW 2036 Ltd Road Orica Australia Pty Ltd is hereby licensed under the provisions of the Environmentally Hazardous Chemicals Act, 1985. This licence is issued on the basis of information supplied in the application received by the EPA on 26 June 2018, and in any related or subsequent correspondence between the applicant and the Environment Protection Authority (EPA) (and its predecessors), and subject to the conditions hereunder. Chemical Control Order Scheduled Chemical Wastes Chemical Control Order 2004 Environmentally Hazardous Chemicals Scheduled chemical wastes Prescribed activities: Keeping, conveying and processing scheduled chemical wastes. Fee Paid: $2,805 NOTES: The licence shall, unless sooner suspended or revoked, remain in force until the date shown above. The licence is not transferable. The revocation or variation of the licence or the attachment of additional conditions to the licence may, by notice in writing served on the holder of the licence, be effected at any time during the currency of the licence. The Appendix forms part of the licence. In the event of any inconsistency arising between the submitted application (including all accompanying and supplementary documents) and the conditions of this licence, the conditions of the licence must take precedence. Section 39(1) of the Environmentally Hazardous Chemicals Act 1985 affords a right of appeal for persons aggrieved by a condition imposed on a licence. For the purposes of Section 39(1), the prescribed period within which an appeal may be lodged against a decision of the EPA is 30 days. 'Notes' do not form part of the licence. Notes are included as information only. CONDITIONS Page 1 of 8
Licence conditions for the prescribed activities carried on by the licensee in New South Wales. 1 General Requirements 1.1 The licensee must ensure that the prescribed activities permitted by this licence are carried out in a manner that prevents harm to human health and the environment. 1.2 The licensee must ensure that adequate environment protection measures are in place at all times in accordance with the conditions of this licence and as otherwise required by the environment protection legislation, to protect the environment in the event of an incident involving the Scheduled Chemical Wastes resulting from a prescribed activity being undertaken by or on behalf of the licensee. 1.3 The licensee must ensure that any verbal direction given by an authorised officer of the EPA in regard to prescribed activities being carried out on the Premises is immediately carried out. Where the direction is to cease all work(s) or cease specific activities or shut down specified plant on the Premises, the authorised officer shall, within a reasonable period, also provide the licensee with written confirmation of the direction. 2 Permission to carry out prescribed activities 2.1 The licensee is permitted to keep scheduled chemical wastes on the Premises subject to the conditions of this licence and the Scheduled Chemical Wastes Chemical Control Order 2004 unless otherwise permitted by this licence. 2.2 The licensee is permitted to convey scheduled chemical wastes on the Premises and off the Premises to a port for export or a waste facility lawfully permitted to receive such waste, (subject to receiving any relevant permit or approval and the relevant conditions of this licence). 2.3 The licensee is permitted to process scheduled chemical wastes including stored waste repackaging, subject to receiving relevant approvals and in accordance with the conditions of this licence. 2.4 The licensee is permitted to use scheduled chemical waste on site subject to receiving relevant approvals and in accordance with this licence and clauses 24-29 of the Scheduled Chemical Wastes Chemical Control Order (2004). 2.5 The licensee must ensure that any agent or contractor performing activities on its behalf fulfils the conditions of this licence. 2.6 The licensee must ensure that adequate environment protection measures are in place at all times in accordance with this licence and as otherwise required by the environment protection legislation, to protect the environment in the event of an incident involving scheduled chemical wastes resulting from a prescribed activity being undertaken on behalf of the licensee by any agent or contractor. Page 2 of 8
3 Activities to be carried out in a competent manner The licensee must ensure that prescribed activities are carried out in a competent manner. This includes: 3.1 the processing, handling, conveying and keeping of materials and substances used to carry on the activity; and 3.2 the treatment, keeping, processing, reprocessing, conveying and disposal of waste generated by the activity. 4 Emergency response management 4.1 The licensee must maintain the emergency fire procedures for the storage and destruction of scheduled chemical wastes and ensure that a training, testing and review program is implemented for these procedures. 4.2 The licensee must ensure that emergency containment and clean up procedures for the release of scheduled chemical wastes into the environment are maintained. 5 Maintenance of plant and equipment The licensee must ensure that: 5.1 all plant and equipment installed at the Premises or used in connection with a prescribed activity is: 5.1.1 maintained in a proper and efficient condition; and 5.1.2 operated in a proper and efficient manner. 5.2 equipment used to conduct any monitoring required by the licence must: 5.2.1 be properly installed and calibrated; and 5.2.2 be maintained and serviced as required to ensure it is operated in a proper and efficient manner at all times. 6 Incident Reporting 6.1 The licensee or its employees must notify all relevant authorities of incidents causing or threatening material harm to the environment immediately after the person becomes aware of the incident. Note: Part 5.7 of the Protection of the Environment Operations Act 1997 specifies separate requirements for notifying pollution incidents. These requirements must also be complied with for relevant pollution incidents. 6.2 any complaint(s) received regarding pollution caused by any prescribed activity; or Page 3 of 8
6.3 any contamination or pollution of the Premises, or adjoining lands/premises or waters, caused by any prescribed activity performed on the Premises; or 6.4 any prescribed activity performed on the Premises causing or likely to cause contamination or pollution of the Premises, or adjoining lands/premises or waters. 7 Notification 7.1 Any event that must be reported to the EPA by a condition of this licence must be to the EPA Environment Line on 131 555. 7.2 Any written report that must be provided to the EPA by a condition of this licence must be provided to: Director Sydney Industry Environment Protection Authority PO Box 668 PARRAMATTA NSW 2124 OR by e-mail to: metro.regulation@epa.nsw.gov.au 8 Conveying scheduled chemical wastes When conveying scheduled chemical wastes (>5 0 m g / k g ) off premises as described in 2.2, this must take place in accordance with the following: 8.1 An incident response resource (IRR) comprising personnel trained in methods of containing spilled scheduled chemical wastes and provided with adequate personal protective equipment, clean-up material and equipment to deal with any spill, must either accompany the vehicle conveying the wastes or be on stand-by during the road transport. The minimum requirement for stand-by is that one IRR must be located at the Port, the other at Botany Industrial Park; and 8.2 the licensee must ensure that the conveying of any waste from the Premises is performed by an appropriately licensed carrier. 9 Keeping of scheduled chemical wastes 9.1 The keeping of scheduled chemical wastes is permitted subject to the conditions of this licence and clauses 14-20 of the Scheduled Chemicals Waste Chemical Control Order (2004). 9.2 The occupier of any premises where, or in, or on which, scheduled chemical wastes are kept must ensure that any person handling scheduled chemical wastes is trained in handling scheduled chemical wastes and methods of containing scheduled chemical waste spills, and wears appropriate personal protective equipment. Page 4 of 8
9.3 The licensee must ensure that any scheduled chemical wastes kept at the Premises are kept in an approved manner that prevents the discharge of contaminants to the environment and under the authority of and in accordance with this licence. 9.4 All storage areas containing scheduled chemical wastes must be clearly marked to identify the stored scheduled chemical wastes. 9.5 All storage areas containing scheduled chemical wastes must be maintained in good order. The contents of corroded or leaking storage areas must be immediately contained and secured, and any spillage must be immediately cleaned up. 9.6 The licensee must inspect the HCB waste storage areas at least monthly to ensure that no unauthorised entry has occurred. A log, containing details of the personnel carrying out the inspections, corresponding dates and reports of observations where any non-conformance is noted, must be maintained by or on behalf of the licensee. 10 Stored HCB waste 10.1 Orica must commence transport of the HCB waste within 2 years of identification and approval of a site and treatment technology for destroying the HCB waste. 10.2 For each year, or part thereof, that the licence is in force, the licensee must review the appropriateness of the plan for the removal of the stored HCB waste from the Premises for destruction at an appropriate facility. 11 Disposal All wastes generated from the Premises must be disposed of to a waste facility that is lawfully permitted to receive such waste. 12 Feasibility trials of emerging technology The processing of scheduled chemical wastes on the Premises on behalf of the licensee is permitted subject to the following: 12.1 the proponent must, at least 14 days prior to the start of any processing, forward written notification to the EPA of intent to process scheduled chemical wastes. 12.2 The notification must include: 12.2.1 written permission from the licensee to undertake the processing (where the processing is to be performed by other than employees or agents of the licensee); and 12.2.2 a summary of the technology; and 12.2.3 a schedule of work; and 12.2.4 the quantity of scheduled chemical wastes to be processed; and Page 5 of 8
13 Analysis 12.2.5 the person(s) responsible for the processing including full contact details for the period in which the processing is to occur; and 12.2.6 the WH&S plan to be followed when the scheduled chemical wastes is being processed. 12.2.7 the maximum quantity of scheduled chemical wastes to be processed at any time, by a single proponent, must be 10 kilograms or less. 12.2.8 the maximum quantity of scheduled chemical wastes to be processed by a single proponent, must be 50 kilograms or less. All laboratory analyses required by the conditions of this licence must be carried out: 13.1 using methods approved by the EPA; and 13.2 by laboratories that are accredited by NATA, or approved equivalents in Australia or other countries for the relevant analysis; unless 13.3 otherwise approved in writing by the EPA. 14 Records 14.1 All records required to be kept by the conditions of this Licence must be: 15 Annual report 14.1.1 in a legible form; 14.1.2 kept for at least four years after the monitoring or event to which they relate took place; and 14.1.3 produced to any authorised officer of the EPA who asks to see them. 15.1 The licensee must obtain, and keep for at least four years, any records or data necessary to fulfil the requirements of the annual report. 15.2 For each year, or part thereof, that the licence is in force, the licensee, must within one month of the anniversary date of the licence, provide to the EPA a written annual report that includes the details as required in this licence. The annual report is to include: 15.2.1 the quantity and the description of scheduled chemical wastes kept by or on behalf of the licensee at the anniversary date; and 15.2.2 the quantity and the description of scheduled chemical wastes conveyed by or on behalf of the licensee, since the previous annual report, and destination of those wastes; and Page 6 of 8
15.2.3 the training, testing and review of emergency fire procedures performed since the previous annual report; and 15.2.4 a review of the emergency containment and clean up procedures for the release of scheduled chemical wastes. 15.2.5 details of the progress made in the management and destruction of the scheduled chemical wastes kept by or on behalf of the licensee; and 15.2.6 a record of all non-compliances. 15.3 The licensee is to include polymer residues from EDC heavies and lights tanks in its inventory of scheduled chemical wastes. 16 Community consultation The licensee must make available information (other than security sensitive, detailed operational or commercial-in-confidence material) relating to the management of HCB waste, in consultation with the EPA. DEFINITIONS Where used in this licence, the expressions listed below have the following meanings: "EDC" means ethylene dichloride with a Chemical Abstracts Registry Number of 107-06-2. 'EDC heavies" means a mixture of 1,1,2-Trichloroethane, 1,2-Dichloroethane and other chlorinated hydrocarbons produced from the manufacture of EDC that when separated from the EDC by distillation has a boiling point range higher than that of EDC. (The wastes from these process streams were stored in tanks. The wastes formed polymeric residues that collected in the bottoms of the tanks. When the tanks were cleaned these residues were placed in drums). "EDC lights" means a mixture of chemicals produced from the manufacture of EDC that when separated from the EDC by distillation has a boiling point range lower than that of EDC, and that have subsequently become contaminated with EDC heavies.. "HCB" means hexachlorobenzene with a Chemical Abstracts Registry Number of 118-74-1. "HCB waste'.' means the scheduled chemical wastes that contains fifty milligrams per kilogram or more of HCB occurring in, or on the Premises, or, having migrated from, or conveyed from the Premises. "HCB waste storage areas" means the areas identified by the licensee where HCB wastes are stored. "incident" means an occurrence or event. "Premises" means the Orica Australia Pty Ltd premises located at 16-20 Beauchamp Road, MATRAVILLE NSW 2036. Page 7 of 8
"prescribed activity" has the same meaning as in the Environmentally Hazardous Chemicals Act 1985. scheduled chemical wastes has the same meaning as in the Scheduled Chemical Wastes Chemical Control Order 2004. waste has the same meaning as in the Protection of the Environment Operations Act 1997 (NSW). waste facility has the same meaning as in the Protection of the Environment Operations Act 1997 (NSW). James Goodwin Director Sydney Industry for Chair and Chief Executive EPA Page 8 of 8