Licence conditions for pollution studies and reduction program


  

Licence conditions for pollution studies and reduction programs

Summary
 
Licence number: 907
Title: Particulate Matter Control Best Practice Implementation
Start date: 01 Jan 2013
 
Licence Condition
(a) A financial assurance in the form of an unconditional and irrevocable and on demand guarantee from a bank, building society or credit union operating in Australia as "Authorised Deposit-taking Institutions" under the banking Act 1959 of the Commonwealth of Australia and supervised by the Australian Prudential Regulatory Authority (APRA) must be provided to the EPA prior to the issue of an environment protection licence for the premises. The financial assurance must be in favour of the EPA in the amount of two hundred thousand dollars ($200,000). The finanical assurance is required to secure or guarantee funding for works or programs required by or under this licence. The financial assurance must contain a term that provides that any monies claimed can be paid to the EPA or, at the written of direction of the EPA, to any other person. (b) A financial assurance in the form of an unconditional and irrevocable and on demand guarantee from a bank, building society or credit union operating in Australia as "Authorised Deposit-taking Institutions" under the banking Act 1959 of the Commonwealth of Australia and supervised by APRA must be provided to the EPA by 31 May 2013. The financial assurance must be in favour of the EPA in the amount of two hundred thousand dollars ($200,000). Note that this total financial assurance is inclusive of that required in E1.1a) and E1.1b). (c) The licensee must provide to the EPA, along with the original counterpart guarantee, confirmation in writing that the financial institution providing the guarantee is subject to supervision by APRA.
An adjustment to the financial assurance must be calculated, each licence review period, in line with the Consumer Price Index for the number of years since the financial assurance was last paid. The financial assurance must be replenished to the full amount plus CPI adjustments each licence review period.
The financial assurance must be replenished by the full amount claimed or realised if the EPA has claimed on or realised the financial assurance or any part of it to undertake a work or program required to be carried out by the licence which has not been undertaken by the licence holder.
The financial assurance must be maintained during the operation of the facility and thereafter until such time as the EPA is satisfied the premises is environmentally secure.
The EPA may require an increase in the amount of the financial assurance at any time as a result of reassessment of the total likely costs and expenses of rehabilitation of the premises.
The licensee must provide to the EPA the original counterpart guarantee within five working days of the issue of: a) the financial assurance being required by condition E1.1, or b) the adjusted financial assurance as required by condition E1.2 and E1.3.
The licensee must minimise or prevent the emission of dust from the premises in accordance with condition O3 of this licence. The inspection undertaken on the 1 November 2012 identified numerous point sources of dust generation with no controls. The shade cloth or mesh that partly covered the upper sections of the fixed crushing plant had deteriated badly and was no longer effective in helping to minimise dust emmsions from this section of the plant. The EPA has additionally received dust complaints from impacted residents.  The Licensee must submit a report documenting an investigation and trial of best practice measures for the control of particulate matter from the crushing plant, loading transporting and crushing areas along with product stock piles. Best practice measures may include, but should not be limited to, the following: enclosure of equipment; the use of foggers; reduction of drop heights; and the use of water sprays; The report must document the investigation and trial of each best practice measure. It must quantify the particulate matter control effectiveness and discuss the practicability of each best practice measure. The report must be submitted by the Licensee to the Environment Protection Authority Regional Manager Armidale, at PO Box 494, ARMIDALE by 30 June 2014. Due Date 30 June 2014