❓ Mr. Ripper questions the Department of Environment regarding the cleanup of the disused Ampol site in Merredin. The Department clarifies that remediation is underway and they are monitoring progress, but a clean-up notice hasn't been issued as appropriate action is being taken.
AnsweredQoN 4261Legislative Assembly
QuestionView source ↗
In reference to the disused Ampol site in Todd Street in Merredin, I ask:
(a) has the Department of Environment issued a clean-up notice for the owner to clean this site;
(b) if no to (a), why not;
(c) if yes to (a), when was the notice issued and has it been complied with;
(d) if the site has not been cleaned up, are there any plans for the Department of Environment to order the site to be cleaned;
(e) if no to (d), why not;
(f) if yes to (d), when will this order be issued;
(g) does the
Contaminated Sites Act 2003
enable the Department of Environment to clean up this site and recover costs?
(a) has the Department of Environment issued a clean-up notice for the owner to clean this site;
(b) if no to (a), why not;
(c) if yes to (a), when was the notice issued and has it been complied with;
(d) if the site has not been cleaned up, are there any plans for the Department of Environment to order the site to be cleaned;
(e) if no to (d), why not;
(f) if yes to (d), when will this order be issued;
(g) does the
Contaminated Sites Act 2003
enable the Department of Environment to clean up this site and recover costs?
AnswerView source ↗
Answered
16 February 2011
Responded by
Minister representing the Minister for Environment
Response time
99 days
(a-c) No. Under section 50(2) of the
Contaminated Sites Act 2003
, a clean-up notice may only be given if the CEO (or his delegate) believes, on reasonable grounds, that appropriate action to remediate a site classified as
contaminated - remediation required
is not being, or has not been, taken. Remediation of the site is underway, but has not been completed.
(d-f)Some soil remediation was undertaken at the site in 2008, when contaminated soil was removed to a licensed landfill. The site owner, Caltex Australia Petroleum Pty Ltd, has commissioned further works to determine the extent of the remaining soil contamination, as well as the extent of groundwater contamination. These works are scheduled to commence in February 2011, and are necessary to develop an appropriate remediation action plan. The Department of Environment and Conservation will continue to monitor the progress of site works, and may issue a clean-up notice in future, if it determines that appropriate action is not being taken to clean up the site.
(g) Section 53(1)(a) allows the State to take action to clean up a site if a person on whom a clean-up notice is binding is convicted of an offence for failing to comply with the notice within the time specified in the notice. If the State takes action to clean up a site under these circumstances, it can recover the cost from the person on whom the notice is binding under section 55.
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Contaminated Sites Act 2003
, a clean-up notice may only be given if the CEO (or his delegate) believes, on reasonable grounds, that appropriate action to remediate a site classified as
contaminated - remediation required
is not being, or has not been, taken. Remediation of the site is underway, but has not been completed.
(d-f)Some soil remediation was undertaken at the site in 2008, when contaminated soil was removed to a licensed landfill. The site owner, Caltex Australia Petroleum Pty Ltd, has commissioned further works to determine the extent of the remaining soil contamination, as well as the extent of groundwater contamination. These works are scheduled to commence in February 2011, and are necessary to develop an appropriate remediation action plan. The Department of Environment and Conservation will continue to monitor the progress of site works, and may issue a clean-up notice in future, if it determines that appropriate action is not being taken to clean up the site.
(g) Section 53(1)(a) allows the State to take action to clean up a site if a person on whom a clean-up notice is binding is convicted of an offence for failing to comply with the notice within the time specified in the notice. If the State takes action to clean up a site under these circumstances, it can recover the cost from the person on whom the notice is binding under section 55.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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