❓ A WA parliamentary question regarding a contaminated site (abandoned petrol station) in Ballajura. The response indicates no clean-up notice was issued due to an auditor's report deeming the site suitable for commercial use (medical centre) with groundwater restrictions, and details past communication with the owner.
AnsweredQoN 5135Legislative Assembly
QuestionView source ↗
I refer to the contaminated site (abandoned petrol station) on Lot 111 on the corner of Illawarra Crescent and Shearwater Terrace in Ballajura, and I ask:
(a) has the Department of Environment and Conservation (DEC) issued a clean-up notice for the site; and
(i) if not, why not;
(ii) if yes, when was this issued; and
(iii) by when was the clean-up required to be completed; and
(b) has DEC had any communication with the owners of this site; and
(i) if so, what was the nature of the communication and on what dates did it occur?
(a) has the Department of Environment and Conservation (DEC) issued a clean-up notice for the site; and
(i) if not, why not;
(ii) if yes, when was this issued; and
(iii) by when was the clean-up required to be completed; and
(b) has DEC had any communication with the owners of this site; and
(i) if so, what was the nature of the communication and on what dates did it occur?
AnswerView source ↗
Answered
17 May 2011
Responded by
Minister for Environment
Response time
41 days
(a) (i-iii)
No. Under section 50(2)(b) of the
Contaminated Sites Act 2003
a clean-up notice may be given only if the CEO believes, on reasonable grounds, that appropriate action to remediate the site is not being, or has not been, taken.
In November 2010, the Department of Environment and Conservation (DEC) received a mandatory auditor's report (MAR) for the site, prepared by an accredited contaminated sites auditor. The auditor reviewed all investigation, remediation, health risk assessment and groundwater monitoring reports prepared between 2003 and October 2010 and concluded that, although groundwater remediation is still in progress, the site is suitable for continued commercial use, including the proposed use as a medical centre, provided groundwater is not used. DEC concurs with the auditor's conclusions.
(b) Yes
(i) DEC responded to the owner's request for a detailed summary of records for the site on 23 May 2007. The owner phoned DEC on 30 January 2008 with a query related to the detailed summary of records search response and to enquire as to progress with the site's classification. On 29 July 2008, DEC notified the owner that, on 22 July 2008, the site was classified
contaminated - remediation required
. On 23 September 2008, DEC notified the owner that a memorial had been registered on his property title on 19 August 2008, recording the site classification.
In response to a request from the owner dated 12 January 2009, DEC gave written consent for a new mortgage to be registered on the property title on 16 January 2009. On 2 February 2009, DEC responded to a further request from the owner for clarification regarding the site classification, and whether the property was suitable for use as a medical centre. On 24 March 2011 DEC notified the owner that, although the site classification remains
contaminated - remediation required
because groundwater remediation by monitored natural attenuation is still in progress, the reasons for classification had been updated to reflect the findings of the MAR.
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No. Under section 50(2)(b) of the
Contaminated Sites Act 2003
a clean-up notice may be given only if the CEO believes, on reasonable grounds, that appropriate action to remediate the site is not being, or has not been, taken.
In November 2010, the Department of Environment and Conservation (DEC) received a mandatory auditor's report (MAR) for the site, prepared by an accredited contaminated sites auditor. The auditor reviewed all investigation, remediation, health risk assessment and groundwater monitoring reports prepared between 2003 and October 2010 and concluded that, although groundwater remediation is still in progress, the site is suitable for continued commercial use, including the proposed use as a medical centre, provided groundwater is not used. DEC concurs with the auditor's conclusions.
(b) Yes
(i) DEC responded to the owner's request for a detailed summary of records for the site on 23 May 2007. The owner phoned DEC on 30 January 2008 with a query related to the detailed summary of records search response and to enquire as to progress with the site's classification. On 29 July 2008, DEC notified the owner that, on 22 July 2008, the site was classified
contaminated - remediation required
. On 23 September 2008, DEC notified the owner that a memorial had been registered on his property title on 19 August 2008, recording the site classification.
In response to a request from the owner dated 12 January 2009, DEC gave written consent for a new mortgage to be registered on the property title on 16 January 2009. On 2 February 2009, DEC responded to a further request from the owner for clarification regarding the site classification, and whether the property was suitable for use as a medical centre. On 24 March 2011 DEC notified the owner that, although the site classification remains
contaminated - remediation required
because groundwater remediation by monitored natural attenuation is still in progress, the reasons for classification had been updated to reflect the findings of the MAR.
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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