❓ A WA parliamentary question on notice addresses a potential environmental breach by Power West Pty Ltd in Kalgoorlie, regarding wastewater disposal and contaminated soil. The Minister's response details the investigation, actions taken, and relevant regulations.
AnsweredQoN 1652Legislative Council
QuestionView source ↗
I refer to a letter which I understand is dated 14 July 2003 from the Dept of Environmental Protection addressed to the Director, Power West Pty Ltd in Kalgoorlie, titled ‘Notice to show cause regarding overflow of washdown bay and disposal of contaminated matter.’ -
(1) Can the Minister explain why the waste water from this process being dumped at the rear of the property is unacceptable under the
Environmental Protection Act 1986
and the reasons why it must cease?
(2) If no to (1) why not?
(3) Can the Minister explain why the Department believes the contaminated soil had to be recovered and disposed of at an approved facility?
(4) If no to (3) why not?
(5) Can the Minister explain how did the officer factually determine during his inspection that an area of contamination was in fact contaminated?
(6) If no to (5) why not?
(7) Can the Minister quote the reasons and circumstances surrounding each of the non compliances under section 49 and 50 of the Act provided by Powerwest to the Department in relation to these matters?
(8) If no to (7) why not?
(9) Has any further action been taken by the department in relation to all the matters raised in the letter dated 14 July 2003?
(10) If no to (9) why not?
(11) If yes to (9) can the Minister explain what action and the reasons why?
(12) Can the Minister state the names of ‘approved’ facilities located in Kalgoorlie-Boulder which are capable of accepting the ‘contaminated soil’?
(13) If no to (12) why not?
(1) Can the Minister explain why the waste water from this process being dumped at the rear of the property is unacceptable under the
Environmental Protection Act 1986
and the reasons why it must cease?
(2) If no to (1) why not?
(3) Can the Minister explain why the Department believes the contaminated soil had to be recovered and disposed of at an approved facility?
(4) If no to (3) why not?
(5) Can the Minister explain how did the officer factually determine during his inspection that an area of contamination was in fact contaminated?
(6) If no to (5) why not?
(7) Can the Minister quote the reasons and circumstances surrounding each of the non compliances under section 49 and 50 of the Act provided by Powerwest to the Department in relation to these matters?
(8) If no to (7) why not?
(9) Has any further action been taken by the department in relation to all the matters raised in the letter dated 14 July 2003?
(10) If no to (9) why not?
(11) If yes to (9) can the Minister explain what action and the reasons why?
(12) Can the Minister state the names of ‘approved’ facilities located in Kalgoorlie-Boulder which are capable of accepting the ‘contaminated soil’?
(13) If no to (12) why not?
AnswerView source ↗
Answered
11 March 2004
Responded by
Minister for Local Government and Regional Development representing the Minister for the Environment
Response time
90 days
(1) Hydrocarbon contaminated waste water, depending on the concentration of hydrocarbon contamination, can be considered a Controlled Waste under the Environmental Protection (Controlled Waste) Regulations 2001. The waste generator has the responsibility to ensure this waste water is disposed of in an appropriate manner. (2) Not applicable. (3) Soil was visibly contaminated and located near some old fuel tanks, and therefore likely to contain hydrocarbons. The contaminated soil had to be recovered to prevent any further contamination of the surrounding environment. Disposal at an approved facility ensures the contaminated soil is disposed of in an environmentally acceptable manner. (4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(2) Not applicable. (3) Soil was visibly contaminated and located near some old fuel tanks, and therefore likely to contain hydrocarbons. The contaminated soil had to be recovered to prevent any further contamination of the surrounding environment. Disposal at an approved facility ensures the contaminated soil is disposed of in an environmentally acceptable manner. (4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(3) Soil was visibly contaminated and located near some old fuel tanks, and therefore likely to contain hydrocarbons. The contaminated soil had to be recovered to prevent any further contamination of the surrounding environment. Disposal at an approved facility ensures the contaminated soil is disposed of in an environmentally acceptable manner. (4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(13) Not applicable.
(2) Not applicable. (3) Soil was visibly contaminated and located near some old fuel tanks, and therefore likely to contain hydrocarbons. The contaminated soil had to be recovered to prevent any further contamination of the surrounding environment. Disposal at an approved facility ensures the contaminated soil is disposed of in an environmentally acceptable manner. (4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(3) Soil was visibly contaminated and located near some old fuel tanks, and therefore likely to contain hydrocarbons. The contaminated soil had to be recovered to prevent any further contamination of the surrounding environment. Disposal at an approved facility ensures the contaminated soil is disposed of in an environmentally acceptable manner. (4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(4) Not applicable. (5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(5) The Inspector under the Environmental Protection Act 1986 noted the visual characteristics adjacent to the above ground fuel tanks. Given the time, place and circumstances, the Inspector believed that the company need to ensure it was disposed of in an environmentally acceptable manner. (6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(6) Not applicable. (7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(7) The Inspector under the Environmental Protection Act 1986 noted the likely source of the discharge and the visual nature of the contamination. The letter issued on 14 July 2003, was done so as part of an ongoing investigation into Power West Pty Ltd. (8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(8) Not applicable. (9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(9) Yes. The Department of Environmental Protection (DEP) issued a warning letter on 15 September 2003. (10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(10) Not applicable. (11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(11) After an investigation the DEP considered a warning letter to be the most appropriate action. This warning letter was issued in accordance with the Department’s Environmental Enforcement Policy. Power West was co-operative during the investigation and when it was made aware of the issue, it immediately commenced recovery of any contaminated material. Furthermore, Power West has upgraded the washdown bay to a level that should prevent further discharges. (12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(12) Yes. It would depend on the level of contamination in the soil. Given that the material is a solid waste, it can be taken to a number of landfill facilities within the region. Total Waste Management in Kalgoorlie is also licensed to treat soil contaminated with hydrocarbons. (13) Not applicable.
(13) Not applicable.
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