❓ Hon Giz Watson questions the Minister for Environment regarding the expiry of Millennium Inorganic Chemicals' waste disposal license, potential environmental and health impacts, and future land use of the Dalyellup site. The Minister's responses indicate ongoing monitoring and collaboration with other departments.
AnsweredQoN 6219Legislative Council
QuestionView source ↗
Regarding the expiry of the Licence L6130/1989/12 for Millennium Inorganic Chemicals (MIC) to use the Dalyellup Waste Residue Disposal Facility, I ask —
(1) What preparations is MIC undertaking to move its waste disposal to a different site?
(2) Can the Minister give his assurance that MIC will re-locate to a suitable waste disposal facility by 3 March 2013?
(3) Have any of the 10 breaches disclosed by the Department of Environment and Conservation (DEC) prior to 5 April 2011 resulted in prosecution?
(4) If yes to (3), please provide details?
(5) If no to (3), why not?
(6) Has the department received any complaints regarding the Dalyellup Waste Residue Facility since the 5 April 2011?
(7) Can the Minister please provide details of any breaches of licence conditions since the 5 Aril 2011?
(8) If yes to (7), please provide details?
(9) Have any breaches outlined in (7) been prosecuted or resulted in fines?
(10) If yes to (9), please provide details?
(11) If no to (9), why not?
(12) Have there been any site visits by DEC since 5 April 2011?
(13) If yes to (12), please provide details?
(14) Will the Minister reassess the classification of the titanium dioxide waste in the environmental approval process of the new waste disposal facility?
US regulation 40 Code of Federal Regulations (CFR) 268.36
http://www.lawserver.com/law/country/us/cfr/40_cfr_268-36
has been in place since May 2002. It contains specific provisions for Environmental protection Authority (EPA) Hazardous Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes, including titanium dioxide wastes. Such wastes are prohibited from land disposal.
(15) Is the Minister aware of these provisions?
(16) Given that that these provisions are best practice in waste disposal, should similar wastes in Western Australia not be banned from land disposal too?
The Material Safety Data Sheet for Titanium dioxide MSDS
http://www.sciencelab.com/msds.php?msdsId=9925268
lists the following 'Potential Chronic Health Effects: Carcinogenic Effects: A4 (Not classifiable for human or animal.) by ACGIH, 3 (Not classifiable for human.) by IARC. Mutagenic Effects: Mutagenic for mammalian somatic cells. Also the substance may be toxic to lungs, upper respiratory tract. Repeated or prolonged exposure to the substance can produce target organs damage'. Page 4 of this Data Sheet states that 'Possibly hazardous short term degradation products are not likely. However, long term degradation products may arise,' which suggests that, over time, the waste may have hazardous effects.
(17) Given this, how will the Minister ensure that the use of the location as a sports facility after rehabilitation has no negative health impact on its users?
(18) Given that soil disturbances are likely during the construction period of the sports facilities, how does the Minister ensure that no negative health impacts occur for local residents in the vicinity of the facility?
(19) Can the Minister provide details of any other Titanium Dioxide waste site worldwide that on closure has been used as a sports ground facility after rehabilitation?
(20) If yes to (20), please provide details?
(1) What preparations is MIC undertaking to move its waste disposal to a different site?
(2) Can the Minister give his assurance that MIC will re-locate to a suitable waste disposal facility by 3 March 2013?
(3) Have any of the 10 breaches disclosed by the Department of Environment and Conservation (DEC) prior to 5 April 2011 resulted in prosecution?
(4) If yes to (3), please provide details?
(5) If no to (3), why not?
(6) Has the department received any complaints regarding the Dalyellup Waste Residue Facility since the 5 April 2011?
(7) Can the Minister please provide details of any breaches of licence conditions since the 5 Aril 2011?
(8) If yes to (7), please provide details?
(9) Have any breaches outlined in (7) been prosecuted or resulted in fines?
(10) If yes to (9), please provide details?
(11) If no to (9), why not?
(12) Have there been any site visits by DEC since 5 April 2011?
(13) If yes to (12), please provide details?
(14) Will the Minister reassess the classification of the titanium dioxide waste in the environmental approval process of the new waste disposal facility?
US regulation 40 Code of Federal Regulations (CFR) 268.36
http://www.lawserver.com/law/country/us/cfr/40_cfr_268-36
has been in place since May 2002. It contains specific provisions for Environmental protection Authority (EPA) Hazardous Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes, including titanium dioxide wastes. Such wastes are prohibited from land disposal.
(15) Is the Minister aware of these provisions?
(16) Given that that these provisions are best practice in waste disposal, should similar wastes in Western Australia not be banned from land disposal too?
The Material Safety Data Sheet for Titanium dioxide MSDS
http://www.sciencelab.com/msds.php?msdsId=9925268
lists the following 'Potential Chronic Health Effects: Carcinogenic Effects: A4 (Not classifiable for human or animal.) by ACGIH, 3 (Not classifiable for human.) by IARC. Mutagenic Effects: Mutagenic for mammalian somatic cells. Also the substance may be toxic to lungs, upper respiratory tract. Repeated or prolonged exposure to the substance can produce target organs damage'. Page 4 of this Data Sheet states that 'Possibly hazardous short term degradation products are not likely. However, long term degradation products may arise,' which suggests that, over time, the waste may have hazardous effects.
(17) Given this, how will the Minister ensure that the use of the location as a sports facility after rehabilitation has no negative health impact on its users?
(18) Given that soil disturbances are likely during the construction period of the sports facilities, how does the Minister ensure that no negative health impacts occur for local residents in the vicinity of the facility?
(19) Can the Minister provide details of any other Titanium Dioxide waste site worldwide that on closure has been used as a sports ground facility after rehabilitation?
(20) If yes to (20), please provide details?
AnswerView source ↗
Answered
13 November 2012
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
28 days
(1) The Department of Environment and Conservation (DEC) is aware that Cristal Pigment Australia Limited, formerly Millennium Inorganic Chemicals, has entered into an agreement with Transpacific Waste Management Pty Ltd to construct and operate a discrete disposal cell at its landfill site located on Banksia Road in Dardanup. The landfill site is expected to accommodate Cristal's future disposal requirements for at least the next five years.
(2) Cristal's licence expires on 3 March 2013. DEC stated in the Environmental Assessment Report associated with this licence that "DEC expects that this will be the last licence issued for this site and it is DEC's understanding that MIC is working towards this end point". DEC has not received an application to extend the licence past this date.
(3) No
(4) Not applicable
(5) DEC considered the breaches were of a minor technical or administrative nature and were unlikely to have had any environmental impact. Cristal was issued a formal written notice and the breaches were noted on DEC's records in accordance with its
Enforcement and Prosecution Policy 2008
.
(6) No
(7) - (8) Cristal breached Condition 3 when it did not provide its hydrogeological report to DEC by 4 March 2012. The report was received by DEC on 25 June 2012.
(9) No
(10) Not applicable
(11) The breach was considered to be of a minor administrative nature and unlikely to have had any environmental impact. Cristal was issued a formal written notice and the breach was noted on DEC's records in accordance with its Enforcement and Prosecution Policy.
(12) No
(13) Not applicable
(14)-(16) DEC will examine the US regulation 40 to determine future licence conditions for this type of facility.
(17)-(18) DEC, the Department of Health and the Shire of Capel will work together to determine a suitable ongoing land use for the Dalyellup site once the licence expires in March 2013.
(19) No
(20) Not applicable
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(2) Cristal's licence expires on 3 March 2013. DEC stated in the Environmental Assessment Report associated with this licence that "DEC expects that this will be the last licence issued for this site and it is DEC's understanding that MIC is working towards this end point". DEC has not received an application to extend the licence past this date.
(3) No
(4) Not applicable
(5) DEC considered the breaches were of a minor technical or administrative nature and were unlikely to have had any environmental impact. Cristal was issued a formal written notice and the breaches were noted on DEC's records in accordance with its
Enforcement and Prosecution Policy 2008
.
(6) No
(7) - (8) Cristal breached Condition 3 when it did not provide its hydrogeological report to DEC by 4 March 2012. The report was received by DEC on 25 June 2012.
(9) No
(10) Not applicable
(11) The breach was considered to be of a minor administrative nature and unlikely to have had any environmental impact. Cristal was issued a formal written notice and the breach was noted on DEC's records in accordance with its Enforcement and Prosecution Policy.
(12) No
(13) Not applicable
(14)-(16) DEC will examine the US regulation 40 to determine future licence conditions for this type of facility.
(17)-(18) DEC, the Department of Health and the Shire of Capel will work together to determine a suitable ongoing land use for the Dalyellup site once the licence expires in March 2013.
(19) No
(20) Not applicable
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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