Updated Sampling Design Guidelines

We have updated our Sampling design: contaminated land guidelines. The guidelines help consultants design sampling programs for contaminated sites, including where to sample, how many samples to collect, and how to compare data to relevant criteria.

The guidelines include up-to-date policy and legislative requirements at both state and federal levels, better reflect industry best practice and experience, and improve usability and readability. The guidelines replace the EPA’s previous 1995 sampling design guidelines.

The guidelines are ‘approved guidelines’ under section 105 of the Contaminated Land Management Act, and must be considered by site auditors and contaminated land consultants when undertaking contaminated land management works. Existing projects for which sampling is being undertaken based on the 1995 guidelines, that have already received planning approval and are nearing completion, do not need to comply with the updated guidelines. All new projects, and those that have commenced and where it is practical to do so, must comply with the updated guidelines.

We consulted with contaminated land practitioners, site auditors, regulators, planning authorities, landholders, developers and the community when updating the guidelines, and undertook public consultation on the draft revised guidelines in 2020.

• See the updated guidelines 
• See the response to submissions report, detailing feedback received during public consultation

Contaminated land management regulation remake

The Contaminated Land Management Regulation is due to be remade under the Contaminated Land Management Act 1997 (CLM Act) by 1 September this year. The EPA anticipates the Regulation will commence on Friday, 19 August 2022, following publication on the NSW Legislation website.  

The proposed regulation will remake the CLM Regulation 2013 with some amendments to deliver improved administration of contaminated land management, including operation of the NSW Site Auditor Scheme. The amendments will reflect current best practice and align penalty amounts for offences under the CLM Act with key environment protection legislation.

The amendments will be detailed in a future CLM Update, along with information on the response to public consultation.

Cost recovery, site auditor accreditation and application fees

The EPA’s current approach to setting adjustable amounts for cost recovery and site auditor accreditation and application fees will continue under the remade CLM regulation. This approach is an adjustment on 1 September each year, in line with movements in the Public Sector Wage Price Index. The current fees were set from 1 September 2021 in the Contaminated Land Management (Adjustable Amounts) Notice 2021 (PDF 18KB).

However, cost recovery, site auditor accreditation and application fees will not change on 1 September 2022. The regulation, when remade, will adopt the 2021 fees and, following legislative convention, will not require the EPA to issue an adjustable amounts notice until 1 September 2023.

Review of council planning certificates

In 2020 we conducted a review to better understand how local councils present contaminated land information on their planning certificates, and to make any necessary recommendations to make the information clearer and more consistent.

We engaged with all NSW councils through a survey with questions on the councils’ notation and contaminated land information processes, and by purchasing a sample of sections 10.7(2) and 10.7(5) planning certificates from selected councils.

The review found that councils vary greatly in how they provide contaminated land information on planning certificates, and identified a range of issues and solutions.

The report of the review (PDF 5MB) makes recommendations to address the identified issues and provides guidance for councils about the presentation of contaminated land information.

Prior to publication, councils were invited to comment on the draft report and recommendations.

• See the response to submissions, detailing the comments received and the EPA’s responses

Call for new applications for accreditation as a Site Auditor

We are calling for applications from qualified and experienced people to become accredited Site Auditors under the Contaminated Land Management Act 1997.

Accredited Site Auditors conduct independent reviews of the investigation and remediation of contaminated land in NSW.

Applicants should have extensive experience and a high level of expertise in

• assessment of contaminant exposure pathways
• contaminated site assessment and remediation including management
• evaluation and interpretation of chemical and analytical data
• soil sampling design and methodology
• soil gas sampling design and methodology
• groundwater sampling design and methodology
• identification of potential human health and environmental risks
• quality control/ quality assurance procedures; and
• risk communication.

Applicants will also be expected to demonstrate a good understanding of NSW and national guidelines, policies and legislation relating to contaminated land and meet the selection criteria.

Information Session

A mandatory information session for interested applicants is scheduled for either Wednesday 20 or Thursday 21 July 2022. Email your name and contact details to nswauditors@epa.nsw.gov.au if you wish to register to attend, specifying your preferred date. Applications will not be accepted from those who do not attend this session. If you are unable to attend on either of these days and would like to submit an application please let us know.

Applications

• See the selection criteria and application package.
  Applications, including a completed application form, must be received by close of business Monday 1 August 2022

EPA response to 2021 West Australian Asbestos Guidelines

On 24 August 2021 the West Australian Department of Health published the revised Guidelines for the Assessment, Remediation and Management of Asbestos Contaminated Sites in Western Australia. The guidelines are a valuable resource for the management of asbestos contaminated sites, and the previous version has been widely referenced in NSW. However, some parts of the guidelines conflict with the legislative framework in NSW, and NSW’s position on best practice asbestos management.

To help address those inconsistencies we have released a Position Statement, which clarifies how asbestos contaminated sites are managed in NSW.

We are continuing to work with the NSW Asbestos Coordination Committee, SafeWork NSW and other agencies to develop further guidance on how to manage soils contaminated with asbestos.

Reminder: Draft Contaminated Land Management Regulation 2022 is out for public consultation

We are seeking feedback on Draft Contaminated Land Management Regulation 2022.

We have reviewed the Contaminated Land Management Regulation 2013 to ensure it reflects current best practice and we are now seeking feedback on the proposed changes.

The draft regulation will improve administrative and enforcement aspects of contaminated land management including operation of the NSW Site Auditor Scheme and penalty amounts for contaminated land management offences.

For more information and to provide your feedback on the draft regulation visit https://yoursay.epa.nsw.gov.au/   If you would prefer to provide feedback by email, send your submission to CLM.Consultation@epa.nsw.gov.au The closing date for submissions is 5pm, Monday 2 May 2022.

Contaminated land management regulation – consultation open

We are inviting you to have your say on the Draft Contaminated Land Management Regulation 2022.

We have reviewed the Contaminated Land Management Regulation 2013 to ensure it reflects current best practice and we are now seeking feedback on the proposed changes.

The draft Contaminated Land Management Regulation 2022 will improve administrative and enforcement aspects of contaminated land management including operation of the NSW Site Auditor Scheme and penalty amounts for contaminated land management offences.

The proposed changes include

• requiring the EPA’s financial assurance policy and guidelines to be observed by the EPA and anyone required to provide a financial assurance under the Contaminated Land Management Act 1997 (CLM Act)
• enabling the EPA to waive or refund the accreditation fee payable by a site auditor in certain circumstances
• requiring extra particulars to be included in site auditor's annual returns, including the type of site audit, details of audit terminations and revisions of statutory site audits
• increasing the amount payable for certain penalty notice offences under the CLM Act to align with amounts for similar offences under the Protection of the Environment Operations Act 1997.

Have your say

For more information and to provide your feedback on the draft regulation visit https://yoursay.epa.nsw.gov.au/  The closing date for submissions is 2 May 2022.

We also have other consultations open including the review of the Draft Protection of the Environment Operations (General) Regulation 2022 and the Resource Recovery Framework, you can have your say on these by visiting https://yoursay.epa.nsw.gov.au/

Environment legislation reforms commence

The Environment Legislation Amendment Act 2022 commenced on 4 March 2022. This Act makes changes to several environmental Acts administered by the EPA  to ensure those responsible for contamination and pollution can be made to clean it up or manage it into the future.

Changes to the Contaminated Land Management Act 1997 (CLM Act) include: 

• extends existing financial assurance provisions to instruments used for managing residual contamination, including ongoing maintenance orders and restrictive and public positive covenants
• enables the EPA to consider the financial capacity of a company or person when determining if a financial assurance is required
• allows the EPA to issue a clean-up or prevention notice as soon as it is notified of contamination, so that it can take immediate action to prevent further contamination and clean-up of the site while it is still assessing the significance of the contamination
• increases maximum penalties to align with similar offences and court orders to those available under the Protection of the Environment Operations Act 1997.

The amendments also align powers across the CLM Act , the Pesticides Act 1999, the POEO Act and the Radiation Control Act 1990 to recover monetary benefits from current and former directors and related corporate bodies of a company convicted of an environmental offence, where those related entities have benefitted financially from the offence.

For more information on the changes made to other environmental Acts visit https://www.epa.nsw.gov.au/licensing-and-regulation/legislation-and-compliance/whats-new-in-law

The EPA is seeking new members to join the Site Auditor Scheme’s Accreditation Panel

Site Auditor Accreditation Panel

We are currently seeking nominations for positions on the Accreditation Panel.

The Accreditation Panel is constituted under section 49 of the Contaminated Land Management Act 1997 (the Act) and is to consist of 4 or more members appointed by the EPA, each having appropriate technical expertise, of whom at least -

• one is to have tertiary qualifications in a discipline relevant to the contamination of land
• one is to be a representative of industry
• one is to be a representative of community environmental groups appointed on the nomination of the Nature Conservation Council of NSW Incorporated
• one is to be an officer of the EPA who is to be appointed by the EPA as the Chairperson.

The functions of the Accreditation Panel are:

• to make recommendations to the EPA regarding the suitability of an applicant for accreditation, and
• to provide such other advice to the EPA as the EPA may request.

For more information on the site auditor accreditation scheme refer to: Site auditor scheme

Accreditation Panel vacancies

We are currently seeking nominations for the following positions:

• a representative of industry
• a representative with tertiary qualifications in a discipline relevant to the contamination of land
• a representative with auditor experience

The term of office is generally 3 years, with members being eligible for re-appointment. A member is entitled to allowances as approved by the EPA in connection with the work of the panel.

Applications are invited from people interested in being considered for appointment to the Accreditation Panel who hold appropriate qualifications, expertise and experience in areas relevant to contaminated land, for example geotechnology and hydrogeology, environmental and analytical chemistry, soil science, ecotoxicology, human toxicology, contaminant fate and transport, exposure assessment, data evaluation, environmental sampling, risk evaluation and/or remedial technologies. The representative with auditor experience should not be an auditor currently accredited in NSW (due to potential conflicts of interest).

The EPA is strongly committed to increasing diversity on its boards and committees and encourages nominations from women, aboriginal persons, people with a disability, young people, and persons from culturally and linguistically diverse backgrounds.

To apply, please submit your curriculum vitae and a statement as to the reason for applying for the position, and email to nswauditors@epa.nsw.gov.au

The closing date for applications is 18 March 2022.

EPA publishes new contaminated land practice note

The EPA has published a new contaminated land practice note for consultants, Preparing environmental management plans for contaminated land

The practice note will guide contaminated land consultants in preparing best practice environmental management plans for long-term management of contamination.

The practice note will also help anyone who engages a consultant to prepare an environmental management plan and anyone responsible for reviewing, implementing or regulating a plan including councils, other regulators and site auditors.

Thank you to everyone who gave feedback on the consultation draft of the practice note. We have summarised the key feedback from invited stakeholders and our responses in our consultation report.

• Download the new practice note and the consultation report

If you have any questions about the practice note or consultation report, please contact us at CLM.Consultation@epa.nsw.gov.au or call the Environment Line on 131 555.

Review of Contaminated Land Consultant Certification Policy

We have reviewed and updated our Contaminated Land Consultant Certification Policy. The policy provides clear expectations on a minimum standard for contaminated land work in NSW and has been updated since its 2017 release. It mandates that all reports submitted to the EPA under the Contaminated Land Management Act 1997 be prepared, or reviewed and approved by a certified consultant. The policy also sets out certification schemes recognised by the EPA.

Last year in March and April we asked for your feedback on the policy. We consulted with site auditors, certified and non-certified consultants, local councils, landowners and developers and EPA experts. The majority of submissions were generally positive about the policy and its impacts on contaminated land reporting in NSW, but several concerns were raised about how the policy is implemented.

We have now finished our review of the policy, and updated it in response to the feedback received during consultation.

See the consultation outcomes report summarising the submissions received and issues raised, the EPA’s final responses to submissions received, and the updated policy,

If you have any questions about the updated policy or the consultation process, please contact us at CLM.Consultation@epa.nsw.gov.au

Environment legislation reforms introduced to Parliament

The NSW Government introduced the Environment Legislation Amendment Bill 2021 to the NSW Parliament on the 23 November 2021.

• See What's new in law for more information and a copy of the Better Regulation Statement.

The Bill proposes to vary several environmental Acts administered by the EPA to ensure those responsible for contamination and pollution can be made to clean it up or manage it into the future. 

The proposed reforms include amendments to the Contaminated Land Management Act 1997 to

• extend existing financial assurance provisions to instruments used for managing residual contamination including ongoing maintenance orders and restrictive and public positive covenants
• allow the EPA to issue a clean-up or prevention notice as soon as it is notified of contamination, so that it can take immediate action to prevent further contamination and clean-up of the site while it is still assessing the significance of the contamination
• increase maximum penalties so that they reflect the true cost of the crime and align with similar offences and court orders with those available under the Protection of the Environment Operations Act 1997 .

The Bill is anticipated to be debated early this year allowing time for local government, industry and the public to read the Bill and consider the proposed changes before they become law.

Regulation of PFAS firefighting foams

On March 1, the Minister for the Environment, Matt Kean, announced a ban on firefighting foams containing per- and poly-fluoroalkyl substances (PFAS) in NSW, except in catastrophic or special circumstances.

The changes are being implemented through the Protection of the Environment Operations (General) Amendment (PFAS Firefighting Foam) Regulation 2021 (the Regulation). They include:

Banning from 1 April 2021:

• the use of any PFAS firefighting foam for training or demonstration purposes.

Restricting from 26 September 2022:

• the use of PFAS firefighting foam from a portable fire extinguisher, and long-chain PFAS firefighting foam, except in certain circumstances
• the sale of portable fire extinguishers containing PFAS, except in certain circumstances.

These amendments are designed to balance the need to minimise the risks of PFAS firefighting foam use to our environment and community, while also protecting life and property from catastrophic fires. The changes have been informed by targeted consultation with Government and industry.

For more information, please visit the Regulation of PFAS firefighting foams webpage.

Review of Contaminated Land Consultant Certification Policy

The EPA is undertaking a review of its Contaminated Land Consultant Certification Policy. The Policy was released in 2017 and provides clear expectations on a minimum standard for contaminated land work in NSW. It mandates that all reports submitted to the EPA under the Contaminated Land Management Act 1997 be prepared, or reviewed and approved by a certified consultant. The policy also sets out certification schemes recognised by the EPA.

The review includes an online survey, to help to help the EPA determine the impact of the Policy on the standard of contaminated land work in NSW. You are encouraged to complete the survey, which is open until 31 March 2021, and is available at: https://yoursay.epa.nsw.gov.au/contaminated-land-consultant-certification-policy

The EPA is consulting with local councils, consultants, auditors, landowners and developers to help make sure that the Policy is meeting its objectives. If needed, the Policy will be updated, finalised and released following consultation.

Council Regional Capacity Building Program 2019 - 2022

The EPA has initiated the second phase of the EPA-funded contaminated land prevention grant program, where $1.4million is provided annually over three years between 2019 and 2022 to engage ten project officers who provide technical and policy support to 63 regional councils.

Successful grantees have been using this funding to employ skilled contaminated land professionals to:

• develop contaminated land resources, such as policies and procedures;
• improve the technical capacity in contaminated land management and,
• provide a local source of advice on contaminated land.

These project officers work closely with regional councils to improve capacity to identify and manage contaminated land risks locally.

The program also offers additional support for regional councils as they resume regulatory responsibility of Underground Petroleum Storage Systems (UPSS). In 2019, the EPA transitioned this role back to councils after an extended period of stewardship (since 2008) to deliver improvements to the UPSS regulatory framework.

Given the EPA retains regulatory responsibility for certain UPSS sites, this is a good example of a co-regulatory approach to support councils in managing requirements of the The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 , while also building their capacity in pursuing preventative regulation and management of land contamination.

Consultation extended for the draft Contaminated Land Sampling Design Guidelines

Following a number of requests, the EPA has extended the public consultation period for the draft Contaminated Land Sampling Design Guidelines until 5pm Sunday 29 November. 

The guidelines assist contaminated land practitioners, site auditors, regulators, planning authorities, landholders, developers, and members of the public who have an interest in the assessment and management of contaminated land.

The guidelines have been updated in consultation with industry experts to better reflect modern scientific practices and sampling techniques. They help practitioners identify risks to human health and the environment in the design of appropriate sampling and analysis plans.

The guidelines are in two parts:
• Sampling Design – Part 1 Application
• Sampling Design – Part 2 Interpretation
A copy of the guidelines and a submission form can be found on the EPA consultation website.

If you have any questions about the process, please contact us at CLM.Consultation@epa.nsw.gov.au or call the Environment Line on 131 555.

Public consultation for UPSS Guidelines now closed

Public consultation on the draft Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 concluded on 16 October 2020. 

The NSW EPA would like to thank the fuel industry, council, government and community stakeholders who provided submissions and/or comments. These are currently being considered and the final guideline should be published by the end of 2020.

The EPA is seeking feedback on draft Guidelines for Sampling Design

The EPA has reviewed and revised its Sampling Design Guidelines for potentially contaminated land in NSW and is now seeking your comments on them.

The aim of the review is to ensure the design of sampling programs and subsequent analysis of test results reflect the current legislation and industry best practice.
These guidelines:

• provide further guidance on sampling strategies and their implementation not found in the current guidelines
• introduce a new approach for non-judgemental sampling
• reference appropriate guidance for specific matters, including sampling specific types of media

The guidelines are presented in two parts:
Part 1 – Application
Describes and outlines the processes in developing sampling designs and strategies.
Part 2 – Interpretation
Provides guidance on statistical analysis methods and the interpretation of sampling results.
These guidelines will replace the current Sampling Design Guidelines once finalised.

How to have your say

You can download the draft Sampling Design Guidelines – Parts 1 & 2 from the Have Your Say website.
Comments can be:

• submitted through the Have Your Say website via the online form
• emailed to CLM.Consultation@epa.nsw.gov.au.

Consultation will be open until 5pm 8 November 2020.

If you have any questions on the consultation process, please see the FAQs or contact us by:

• emailing CLM.Consultation@epa.nsw.gov.au
• calling the Environment Line on 131 555.

Public Consultation: UPSS Guidelines

The EPA has developed new Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 (the Regulation). These guidelines are designed to help people who operate underground petroleum storage systems, or underground fuel tanks, comply with the current Regulation.

The new Guidelines better reflect best industry practice and support the current Regulation, which requires operators to report on and fix leaks quickly. They will replace the older Guidelines for Implementing the POEO (Underground Petroleum Storage Systems) Regulation 2008 once finalised.

The EPA is now seeking feedback from operators, local councils, industry and the community on the new Guidelines. Underground petroleum storage systems are commonly found in places where fuel is stored or used, such as petrol stations.

You can have a read of the new Guidelines and tell us what you think at https://yoursay.epa.nsw.gov.au/guidelines-underground-fuel-tanks

We are seeking feedback until 16 October 2020.

Who do I contact for more information?

For more information on underground petroleum storage systems visit the EPA website or contact the EPA by email on UPSSREG@epa.nsw.gov.au with any queries.

If you have questions regarding these new Guidelines, please contact James Allen on (02) 9995 5510 or UPSSREG@epa.nsw.gov.au.

National Remediation Framework has been published

The National Remediation Framework (NRF) is a framework that comprises modules and guidelines, available as 25 documents, for a nationally consistent approach to remediation of contaminated sites. The NRF was developed to complement the National Environment Protection (Assessment of Site Contamination) Measure 1999, and together they provide comprehensive guidance for the assessment of site contamination and for the remediation and management of contaminated sites.

The NRF has been endorsed as best practice by all jurisdictions; however, the framework is not approved as statutory guidance under the Contaminated Land Management Act 1997 and is therefore not mandatory to follow in NSW. The non-statutory nature allows sections or individual guidelines in the NRF to be reviewed and updated as required.

You can read more about the framework and download it from the NRF website.

EPA cost recovery fee changes

The EPA can recover administrative costs for certain activities outlined in the Contaminated Land Management Act 1997. This amount is prescribed in the Contaminated Land Management Regulation 2013 and is adjusted each year in line with the Public Service Wage Price Index. The new fee rates are outlined in the table below, which take effect from 1 September 2020.

Costs associated with orders and proposal	Application fee for accreditation as a site auditor	Accreditation as a site auditor
$99 per hour	$1,186	$8,286

 

• See Paying for EPA cost recovery and NSW site auditor scheme for more information.

The PFAS NEMP 2.0 has been published

The PFAS National Environmental Management Plan version 2.0 (NEMP) was released by the Commonwealth Department of Agriculture Water and Environment on 5 May 2020. The PFAS NEMP 2.0 has been endorsed for use in NSW and supersedes the first version published in 2018.

The PFAS NEMP establishes a practical basis for nationally consistent guidance and standards for managing PFAS contamination. The plan has been developed by all jurisdictions and recognises the need for implementation of best practice regulation through individual jurisdictional mechanisms. It represents a how-to guide for the investigation and management of PFAS contamination and waste management.

New and revised guidance has been included on four of the areas that were identified as urgent priorities in the first version of the NEMP:

• Environmental guideline values
• Soil reuse
• Wastewater management
• On-site containment

This new guidance, and clarifications regarding the intent of some of the PFAS NEMP 1.0 material, was developed by the National Chemicals Working Group across 2018 and considered by Heads of EPAs and Environment Ministers in late 2018.

More information on the PFAS NEMP 2.0 can be found on the Commonwealth Department of Agriculture Water and Environment website.

Transfer of clause 6 of SEPP 55 to Ministerial Direction 2.6

On 17 April 2020, the Minister for Planning and Public Spaces approved the removal of clause 6 from State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) and transfer the requirements to a Ministerial direction (No 2.6) under section 9.1 of the Environmental Planning and Assessment Act 1979.

The Ministerial direction has been drafted with the same requirements and rigour of clause 6 to consider contamination and remediation of land when preparing a planning proposal that involves rezoning or allowing an additional land use that may increase the risk to human health or the environment from contamination.

Transferring the requirements of clause 6 to a Ministerial Direction provides certainty that a planning authority is required to appropriately consider contamination and remediation at any time before the planning proposal is finalised, and not necessarily before gateway assessment. This amendment will provide consistency with the intention of the Gateway assessment, the Department of Planning and Environment's guide to preparing planning proposals and the Managing Land Contamination: Planning Guidelines SEPP 55 - Remediation of Land (1998).

Minor changes to statutory guidelines

The 'Assessment and management of hazardous ground gases' and 'Consultants reporting on contaminated land' were recently published as statutory guidelines. We have become aware of some usability issues affecting these documents and we are currently updating these to provided a better user experience. These changes mainly include accessibility improvements for people with impaired vision and formatting changes.

The changes fall under section 105 (4A) of the Contaminated Land Management Act 1997 and section 12 of the Contaminated Land Management Regulation 2013 as being minor amendments of a machinery nature. No changes will be made to the content.

The updated versions of the guidelines will be gazetted and published in the coming weeks, followed by another newsletter update.

Site Auditor Meeting - 3 April 2020: Documents have been published

The EPA holds meetings for all accredited site auditors twice a year. The presentations and minutes from 3 April 2020 are now available on the NSW Site auditor scheme webpage.

Updated statutory guidelines have been published

The new 'Consultants reporting on contaminated land: Contaminated Land Guidelines' have been published following public consultation. The new guidelines replace the 'Guidelines for Consultants Reporting on Contaminated Sites', NSW Office of Environment and Heritage, 2011.

The guidelines are made under section 105 of the Contaminated Land Management Act 1997, making them statutory. Statutory guidelines must be considered by:

• the EPA
• accredited site auditors
• contaminated land consultants
• those with a duty to report contamination to the EPA.

The new guidelines have also been published in a protected Microsoft Word format. This allows the items in Section 2 to be 'checked' as the user completes each reporting checklist.

Public consultation

Public consultation was open for six weeks in 2019. All comments received were considered and changes have been made where necessary. Information on the comments and changes made have been published in the 'Summary of submissions and EPA responses'.

Reminder: Draft EPA Financial Assurance Policy is out for public consultation

We are seeking feedback on how the EPA will require and estimate financial assurances under the Protection of the Environment Operations Act 1997, the Contaminated Land Management Act 1997, and the Radiation Control Act 1990.

The draft Policy and accompanying Guideline are available for comment on the EPA's 'Have Your Say' platform. Consultation closes 14 April 2020.

Site Auditor Meeting - April 2020

The biannual meeting for NSW Accredited Site Auditors was held on Friday 3 April 2020. The minutes and presentations from this meeting will be uploaded to the Site Auditor Scheme webpage in the coming weeks and will be featured in a future CLM Update.

Have your say: Draft EPA Financial Assurance Policy for managing potential environmental liabilities

The EPA is seeking feedback on how it will require and estimate financial assurances under the Protection of the Environment Operations Act 1997, the Contaminated Land Management Act 1997, and the Radiation Control Act 1990.

Why is the EPA proposing to manage potential environmental liabilities?

Without appropriate financial security, for some facilities and industries, the liabilities associated with cleaning up pollution and remediation may fall to the NSW Government and community if the polluter does not pay. Environmental liabilities may arise from pollution or contamination from current or historical activities.

The EPA has existing powers to require those responsible for pollution or contamination to provide a financial assurance to secure funding for clean-up costs and to provide an independent assessment of these costs. The EPA has developed a draft policy and guideline to provide greater certainty and transparency in this area.

The EPA’s proposal for managing potential environmental liabilities

• draft Financial Assurance Policy that outlines when and how the EPA will require a financial assurance
• draft Guideline on Estimating Financial Assurances that will help responsible companies or individuals to estimate the amount of a financial assurance and obtain an independent assessment of costs where the EPA has determined that a financial assurance is needed.

Do the draft policy and guideline apply to me?

The EPA has the discretion to require a financial assurance but it is not mandatory for every regulated party. A risk-based approach is proposed for deciding whether a financial assurance is likely to be required.

Financial assurances will usually only be applied to medium or high-risk activities that may result in environmental liabilities. Financial assurances already provided to the EPA or other public authority for the same action will be taken into account.

Information sessions

Information sessions will be held in Sydney and online on:

• 17 March 2020, 10am to 12pm - for waste sector stakeholders regulated by the EPA
• 17 March 2020, 2pm to 4pm - for other parties regulated by the EPA
• 19 March 2020, 10am to 12pm - for consultants and auditors
• 19 March 2020, 2pm to 4pm - for other interested stakeholders

Please register for these sessions by 13 March 2020.

How can I have my say?

The EPA's head office has moved

The EPA's head office is now located in Parramatta. Please note and update your records with the following:

Physical address
4 Parramatta Square, 12 Darcy Street Parramatta NSW 2150

Postal address
Locked Bag 5022 Parramatta NSW 2124

 

New Contaminated Land Guidelines are coming soon

The draft 'Consultants Reporting on Contaminated Land Guidelines' went out for public consultation last year. We are still making changes based on comments received to ensure the guidelines are strong and effective.

The guidelines are expected to be finalised late March to early April 2020. We will notify you with another newsletter once they have been published.

The 'Assessment and management of hazardous ground gas: Contaminated Land Guidelines' have been published in the NSW Government Gazette (No. 182 of 20 December 2019) following public consultation. They replace the 'Guidelines for the Assessment and Management of Sites Impacted by Hazardous Ground Gases' (NSW EPA, 2012).

These guidelines are made under section 105 of the Contaminated Land Management Act 1997, making them statutory. Statutory guidelines must be considered by:

• the EPA
• accredited site auditors
• contaminated land consultants
• those with a duty to report contamination to the EPA.

Public consultation

Public consultation occurred from August to October this year. All comments received were considered and changes have been made where necessary. Information on the comments and changes have been published in the 'Summary of submissions and EPA responses'.

The draft version of the guidelines were released alongside the draft 'Consultants reporting on contaminated land: Contaminated Land Guidelines', which are expected to be finalised early 2020.

Site auditor meetings

The EPA holds meetings for all accredited site auditors twice a year. The presentations and minutes will now be published on the NSW Site auditor scheme webpage.

25 October 2019

• Presentations
• Meeting minutes

 

Reminder: the EPA is seeking feedback on two draft guidelines

Public consultation closing soon

The NSW EPA is seeking feedback on updated guidelines for

• Consultants reporting on contaminated land: Contaminated Land Guidelines
• Assessment and management of hazardous ground gases: Contaminated Land Guidelines.

Consultation will close midnight 8 October 2019.

The new guidelines are expected to be finalised and published in late 2019.

How to have your say

You can download and submit feedback on the draft guidelines through the NSW EPA 'Have your say' page.

If you have any questions on the consultation process, please call the Environment Line on 131 555 or email CLM.Consultation@epa.nsw.gov.au.

Renewal of Class 1 Exemption Orders for UPSS

The exemption for persons responsible for underground petroleum storage systems (UPSS) that are used to store heating or waste oil, or fuel for a back-up generator (Class 1 Exemptions) has been extended to 31 August 2021. An exemption for these types of UPSS sites has existed since the original Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008.

The ongoing exemption allows for the transition of responsibility for other types of UPSS to councils and to allow the EPA to conduct a review and risk assessment of these types of UPSS to better inform any future decision making to best manage and/or regulate them.

EPA Out-and-About

EPA staff have been out and about, hosting or providing information on contaminated land issues at workshops and forums around the state, with more to come.

UPSS workshops for council officers

Since mid-August, nine capacity building workshops have been held across Sydney, Queanbeyan, Kiama, Newcastle, Armidale, Griffith, Ballina, and Coffs Harbour. Over 200 council officers have attended so far. These 1-day 'face-to-face' workshops provide council officers with information, knowledge, and skills to effectively regulate UPSS sites in their local areas. Council officers who now have responsibility for regulating UPSS sites are encourages to attend.

Upcoming sessions

Location	Date
Dubbo	22 October
Broken Hill	24 October
Bathurst	29 October
Wagga Wagga	6 November
Liverpool	20 November

 
Contact UPSSReg@epa.nsw.gov.au for information on how to register.

Department of Planning, Industry & Environment Information Forums 2019

Information Forums for councils are being held at various locations around the state to discuss key developments in planning policy in NSW. The EPA is presenting on contaminated land matters, including an overview of the Contaminated Land Management Act 1997 framework at most of the forums.

Since July, 17 sessions have been held across Wyong, Singleton, Molong, Nyngan, Wilcannia, Wakeley, Lane Cove, Drummoyne, Dee Why, West Wyalong, Young, Lockhart, Deniliquin, Balranald, Picton, Campbelltown, and Norwest.

Upcoming sessions

Location	Date	Address
Georges River Council	15 October	Cnr MacMahon and Dora Streets, Hurstville
Blue Mountains City Council	17 October	2-6 Civic Place, Katoomba
Snowy Monaro Regional Council	22 October	81 Commissioner Street, Cooma
Kiama Municipal Council	24 October	11 Manning Street, Kiama
Gunnedah Shire Council	29 October	63 Elgin Street, Gunnedah
Walgett Shire Council	31 October	77 Fox Street, Walgett
Inverell Shire Council	4 November	144 Otho Street, Inverell
Kempsey Shire Council	6 November	22 Tozer Street, West Kempsey
Byron Shire Council	8 November	70 Station Street, Mullumbimby

 
These forums are for council employees only. Council officers can register for the upcoming sessions online.

CRC CARE CleanUp Conference 2019 in Adelaide

The CleanUp 2019 Conference was held across 8 - 12 September. It was the 8th International Contaminated Site Remediation Conference, incorporating the 2nd International PFAS Conference.

The NSW EPA gave a presentation on 'An Adaptive Approach to Communication Engagement to Management Legacy Asbestos in a Residential Setting', which was well received and generated a lot of post-presentation discussion.

Asbestos and Hazardous Materials Consultants Association (AHCA) Forum

The Asbestos in Soils Forum was held on 24 September by the newly formed Asbestos and Hazardous Materials Consultants Association (AHCA).

The EPA presented on asbestos in soils management under the Contaminated Land Management and Waste frameworks.

Australian Land and Groundwater Association (ALGA) Seminar - Asbestos in soil assessment and regulation

The Australian Land and Groundwater Association (ALGA) Seminar will be held on 9 October. Experts from ALGA's asbestos special interest group will present on the latest developments in the management and remediation of asbestos, including a risk-based approach.

The EPA will give an overview on the NSW Asbestos Coordination Committee (NACC) and a summary of the EPA's response to ALGA's position paper on asbestos in soils.

You can register to attend the event online.