A parliamentary question addresses compliance issues at the Canning Vale Waste Recycling and Recovery Centre, revealing both adherence to license conditions and potential breaches of Ministerial conditions, prompting further investigation by the DEC.

AnsweredQoN 1407Legislative Assembly
Asked
22 August 2006
Portfolio
the Environment

QuestionView source ↗

(1) Is the Canning Vale Waste Recycling and Recovery Centre complying with the conditions of its licence?
(2) Is the Department of Environment and Conservation (DEC) aware that the Canning Vale Waste Recycling and Recovery Centre is undertaking improvements to its facility?
(3) What action is the DEC undertaking to ensure that these works are being undertaken and will improve the air quality being emitted from the facility?
(4) Are the Ministerial conditions attached to the Canning Vale Waste Recycling and Recovery Centre being complied with?
(5) If the answer to (4) above is ‘no’, what action is the DEC taking to ensure that the Ministerial conditions are complied with?

AnswerView source ↗

Answered
12 September 2006
Responded by
Minister for the Environment
Response time
21 days
(1) Yes. The Department of Environment and Conservation (DEC) conducted a full inspection of the Canning Vale Waste Recycling and Recovery Centre composting facility on 21 March 2006. The Southern Metropolitan Regional Council (SMRC) was found to be compliant with all conditions of its licence. (2) Yes. The DEC has received a management plan that outlines remedial works to be undertaken to improve both odour collection and odour treatment. (3) The DEC is undertaking weekly visits to the composting facility to ensure that timeframes are being met and that the proposed works are complied with. In addition, the DEC is receiving written weekly updates from SMRC on the progress of works and their effectiveness. (4) No, a compliance assessment conducted by the DEC environmental audit section in July 2006, found that a number of conditions and commitments contained in Ministerial Statement 517 do not appear to be being complied with. The proponent was formally notified of the finding of the compliance assessment on 25 July 2006 and, as a matter of due process, has been given until 28 August 2006 to respond to the DEC's finding of possible non-compliance. (5) The DEC will assess the proponent's response to the notification of non compliance to determine if there are mitigating circumstances to explain the apparent non-compliances. The DEC will then report to the Minister for the Environment any alleged breaches of Ministerial Conditions, and determine the most appropriate enforcement response in accordance with the DEC's Enforcement and Prosecution Policy.
(2) Yes. The DEC has received a management plan that outlines remedial works to be undertaken to improve both odour collection and odour treatment. (3) The DEC is undertaking weekly visits to the composting facility to ensure that timeframes are being met and that the proposed works are complied with. In addition, the DEC is receiving written weekly updates from SMRC on the progress of works and their effectiveness. (4) No, a compliance assessment conducted by the DEC environmental audit section in July 2006, found that a number of conditions and commitments contained in Ministerial Statement 517 do not appear to be being complied with. The proponent was formally notified of the finding of the compliance assessment on 25 July 2006 and, as a matter of due process, has been given until 28 August 2006 to respond to the DEC's finding of possible non-compliance. (5) The DEC will assess the proponent's response to the notification of non compliance to determine if there are mitigating circumstances to explain the apparent non-compliances. The DEC will then report to the Minister for the Environment any alleged breaches of Ministerial Conditions, and determine the most appropriate enforcement response in accordance with the DEC's Enforcement and Prosecution Policy.
(3) The DEC is undertaking weekly visits to the composting facility to ensure that timeframes are being met and that the proposed works are complied with. In addition, the DEC is receiving written weekly updates from SMRC on the progress of works and their effectiveness. (4) No, a compliance assessment conducted by the DEC environmental audit section in July 2006, found that a number of conditions and commitments contained in Ministerial Statement 517 do not appear to be being complied with. The proponent was formally notified of the finding of the compliance assessment on 25 July 2006 and, as a matter of due process, has been given until 28 August 2006 to respond to the DEC's finding of possible non-compliance. (5) The DEC will assess the proponent's response to the notification of non compliance to determine if there are mitigating circumstances to explain the apparent non-compliances. The DEC will then report to the Minister for the Environment any alleged breaches of Ministerial Conditions, and determine the most appropriate enforcement response in accordance with the DEC's Enforcement and Prosecution Policy.
(4) No, a compliance assessment conducted by the DEC environmental audit section in July 2006, found that a number of conditions and commitments contained in Ministerial Statement 517 do not appear to be being complied with. The proponent was formally notified of the finding of the compliance assessment on 25 July 2006 and, as a matter of due process, has been given until 28 August 2006 to respond to the DEC's finding of possible non-compliance. (5) The DEC will assess the proponent's response to the notification of non compliance to determine if there are mitigating circumstances to explain the apparent non-compliances. The DEC will then report to the Minister for the Environment any alleged breaches of Ministerial Conditions, and determine the most appropriate enforcement response in accordance with the DEC's Enforcement and Prosecution Policy.
(5) The DEC will assess the proponent's response to the notification of non compliance to determine if there are mitigating circumstances to explain the apparent non-compliances. The DEC will then report to the Minister for the Environment any alleged breaches of Ministerial Conditions, and determine the most appropriate enforcement response in accordance with the DEC's Enforcement and Prosecution Policy.

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