EPA Contaminated Environments StrategyEnvironmEnt ProtECtion Authority

Contents

Background 1

Contaminated environments in victoria: what is the current status? 1

About the strategy 2

What are the objectives of this strategy? 2

What contaminated environments does the strategy consider? 2

Addressing the key issues 3

1 roles and responsibilities (rr) 3

2 Contaminated environments framework (CEF) and its application 4

3 information regarding contaminated environments (CE) 5

4 EPA tools (Et) 6

timetable to address the key issues 7

once the strategy is implemented, what will you see? 8

Publication 1511 February 2013 Authorised and published by EPA Victoria, 200 Victoria Street, Carlton

1

Background

EPA Victoria’s vision is a healthy environment that supports a liveable and prosperous Victoria. In moving towards this vision, EPA has developed a 5 Year Plan (2011-16) focusing on three strategic priorities; dealing with past pollution, tackling current environmental issues and shaping the environmental future.

The Contaminated Environments Strategy provides clarity on EPA’s focus over the next four years of ‘dealing with past pollution’; the key problems, their causes, and the solutions EPA will use to progress towards its vision.

Contaminated environments in victoria: what is the current status?

victoria’s industrial and manufacturing heritage, combined with lower environmental standards for much of the last century, has resulted in parts of metropolitan melbourne and regional victoria becoming contaminated.

the number of contaminated environments within victoria is not accurately known. An estimate (provided in 1997 based on limited historical information) stated that there are around 10,000 contaminated environments in the state. At that time, consideration of groundwater impacts was not comprehensively required for site assessments. Consequently, it is highly likely that more contaminated environments now exist within victoria.

Contaminated environments have the potential to impact on human health and the environment in a variety of ways, depending upon type, concentration and locality of contamination, the exposure mechanism (e.g. ingestion, inhalation etc) and the level of exposure.

As victoria’s population continues to grow there will be an increased demand for residential properties and recreational and commercial land, predominately close to urban areas. this demand will require land previously used for waste disposal, industrial and other activities to be remediated for other uses

2

About the strategy

What are the objectives of this strategy?

the key objective of this strategy is to reduce the environmental and health impacts of historical contamination.

EPA recognises that creating an optimal system for dealing with contaminated environments in victoria is not a short-term project. the execution of this strategy will provide a solid foundation for EPA to move forward and address other issues in the future.

EPA is not the sole regulator for the management of contaminated environments; a number of other agencies are involved. For example, the Department of Planning and Community Development (DPCD) has a role in the management of contaminated environments through the victorian planning system, whilst the Department of Sustainability and Environment is responsible for developing environment protection policy. this strategy primarily focuses on using EPA’s regulatory powers to address the current issues, but also identifies areas where EPA’s authority and expertise can be used to support other stakeholders where responsibility is shared.

What contaminated environments does the strategy consider?

the strategy will address how EPA manages environments where activities prior to 2010 have caused, or are likely to have caused contamination to land, groundwater or surface water 2.

EPa will achiEvE this By:

• complementing a multi-agency approach to contaminated environments1

• improving transparency of the management of contaminated environments and their impacts

• enforcing the law to ensure contaminated environments are safely managed

• supporting the conversion of contaminated environments to assets.

3

Addressing the key issues

EPA has identified four key issues to be addressed over the next four years (to 2016). these issues were identified through discussions with internal and external stakeholders, and take into account what EPA has direct responsibility for and where it will need to influence other stakeholders.

EPA recognises that effective communication and engagement with stakeholders will be key in addressing each of these issues over the next four years.

1 Roles and responsibilities (RR)

there is a wide range of stakeholders across government, the private sector and the wider community involved in, or impacted by, contaminated environment management. responsibilities are assigned through the contaminated environments framework 3. however, they are not clearly understood or agreed to by all parties.

what needs to be addressed?

Clarity and acceptance of roles and responsibilities including:

a) who has overall responsibility for ensuring the contaminated environments framework is effectively implemented

b) the responsibilities of each stakeholder involved with contaminated environments

c) the gaps that exist in the framework and who should be responsible for addressing these gaps

d) how this information on responsibilities can be communicated effectively.

1 Although not in EPA’s 5 year Plan, this objective is included due to the need for EPA to work with other government stakeholders to overcome the issues presented by contaminated environments.

2 naturally elevated contaminants or acid sulphate characteristics of land and/or groundwater will still be managed through EPA’s other regulatory activities, and may be considered by EPA for targeted work in the future, but do not form part of the scope of this Contaminated Environments Strategy.

3 As per the victorian Auditor General office’s (vAGo) report, as a minimum, this is determined to include the Planning and Environment Act 1987, the Environment Protection Act 1970, the State Planning Policy Framework, ministerial Direction no.1 for Potentially Contaminated Land, Environment Audit overlays (EAos), Potentially Contaminated Land: General Practice note (the Practice note), State Environment Protection Policy—management of Potentially Contaminated Land and the Environmental Audit System.

EPa will suPPort rEsolving thEsE issuEs By:

rr1: working with key stakeholders to help confirm roles and responsibilities across government and industry

rr2: clearly defining its roles and responsibilities within the existing framework and working to ensure these are understood and accepted by all parties

rr3: identifying key gaps and exploring options for addressing these

rr4: making this information readily accessible to stakeholders.

4

2 Contaminated environments framework (CEF) and its application

Contaminated environments are regulated through the contaminated environments framework. this framework includes a wide range of legislation, policy, planning and guidance documents. these were developed at various points over the last 20 years and reflect the issues and approaches applicable at the time. in addition, many of these documents were created separately sometimes leading to contradictory advice.

As it is founded on multiple systems, the language and terminology within the framework can be complex or technical and the guidance used to inform stakeholders of the process to follow can be ambiguous. these attributes can make it difficult for people to fully understand how they can satisfy their duties relating to contaminated environments.

what needs to be addressed?

the contaminated environments framework needs to ensure that the effort spent in investigating and managing contaminated environments is commensurate with the risk they present and that those involved understand those risks. An updated, streamlined and transparent process will allow duty holders to understand and meet their obligations, such that contaminated environments can be readily and economically managed (to address risks) and meet key environmental objectives.

EPa will addrEss thEsE issuEs By:

cEF1: working with other relevant agencies to review and communicate clear, consistent principles for the application of statutory tools and approvals to enable remediation (whether clean up or management) of contaminated environments, based on the risks that the contaminated environments pose to the environment and human health. These will take into account economic and social, as well as environmental impacts.

cEF2: promoting understanding of the framework through the provision of information, to empower stakeholders and the community, including:

a) developing and circulating information for relevant stakeholders (including the community), providing a background to contaminated environments, stakeholder rights and obligations, and information on the legal and administrative process

b) preparing a guide explaining the structure of the framework and how the contaminated environment and planning elements integrate

c) establishing a comprehensive set of EPA-developed guidance that meets the needs of users, which includes dates for review

cEF3: examining the opportunity to establish standardised remediation strategies for particular categories of common contaminated environments based on industry type and contaminant.

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3 Information regarding contaminated environments (CE)

Certain information is available publicly about contaminated environments, including through EPA’s Priority Site register (PSr)4. there is also a substantial amount of information held by others (e.g. site owners and local councils), which EPA is only made aware of when we are informed by a stakeholder or public reporter about the site. this creates difficulty in developing a statewide approach to managing contaminated environments, as the size and nature of the problem is uncertain.

what needs to be addressed?

A centralised listing of information concerning contaminated environments across victoria needs to be developed. Combined with a tool to assess the level of risk posed by each site, this will enable:

• stakeholders to understand the size and nature of the problem in victoria

• stakeholders to access information about individual contaminated environments

• those responsible for managing contaminated environments to better focus their efforts and resources

• EPA specifically to focus its effort on contaminated environments posing the highest risk to human health and the environment.

4 the Priority Sites register (PSr) is a listing of all sites for which EPA requires active management to clean up, monitor or prevent pollution of land and/or groundwater. the PSr is not a listing of all contaminated sites in victoria, nor is it a list of all contaminated sites of which EPA has knowledge.

EPa will addrEss thEsE issuEs By:

cE1: developing and adopting a risk tool to assess the level of risk posed by contaminated environments

cE2: developing a centralised, publicly available listing of information regarding contaminated environments known to EPA, including Groundwater Quality Restricted Use Zones (GQRUZs)

cE3: developing options for EPA to gain information about contaminated environments that would not come to EPA’s attention through the current system.

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4 EPA tools (ET)

EPA uses a number of tools for regulating polluters or occupiers of contaminated environments. Statutory tools are those established via legislation; in EPA’s case through the Environment Protection Act 1970. EPA also develops and uses management approaches such as guidance and training.

the key statutory tools used by EPA within contaminated environments are:

1. approvals for transport, reuse, treatment or storage of contamination

2. remedial notices which specify requirements to address site contamination

3. the environmental audit system, to determine suitability of land for a more sensitive use, or to understand the risk posed by an industrial process, waste or substance

4. enforcement, to apply a sanction or punishment, in order to deter pollution leading to contamination or the failure to implement any requirement of a remedial notice or EPA approval.

what needs to be addressed?

EPA needs to demonstrate that the tools and processes it uses in managing contaminated environments are commensurate with the risk presented by the site. EPA should apply these tools without creating an unnecessary burden, and in a way that promotes transparency, consistency and streamlined decision making processes.

key issues to be addressed are:

• greater and more consistent enforcement against polluters

• fit-for-purpose notice requirements and applications

• the ability to have issued notices reviewed by EPA where requested

• the timing and triggers for environmental audits (particularly in terms of the integration of audit and planning systems)

• the adoption of alternatives to environmental audits, where appropriate, to ensure resource requirements are commensurate with the risk posed by the site.

EPa will addrEss thEsE issuEs By:

Et1: developing consistent requirements for remedial notices (based on the principles in recommendation CEF1), and procedures for their application and follow up

Et2: training relevant EPA staff in the application of these tools

Et3: reviewing and obtaining the knowledge and expertise required to inform EPA’s decisions and using that knowledge to support other stakeholders in their decision making

Et4: undertaking an external review of the environmental audit system, particularly focusing on audit triggers and the guidance associated with the environmental audit system

Et5: introducing a system to allow people to seek a review of pollution abatement notices and clean up notices issued by EPA.

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timetable to address the key issues

the timing for EPA to address the areas requiring improvement has been determined based on the risk to the environment, resource availability and linkages between issues. EPA will review this strategy annually to ensure that it reflects current knowledge and the progress made.

No. Problem Activities 2012-13 2013-14 2014-15 2015-161 Clarification

of roles and responsibilities

Work with key stakeholders to help confirm roles and responsibilities across government and industry

Clearly define EPA’s role and responsibility within the existing framework and ensure these are understood and acknowledged by all parties

identify key gaps and explore options to close these gaps

make this information readily accessible and easily understandable to stakeholders

2 the contaminated environments framework

Work with other relevant agencies to review and communicate clear, consistent principles for the application of statutory tools and approvals to enable remediation (whether site clean up or management) of contaminated environments, based on the risk that they pose to the environment and human health. these will take into account economic and social, as well as environmental impacts

Develop and circulate information for relevant stakeholders (including the community), providing a background to contaminated environments, stakeholder rights and obligations, and information on the legal and administrative process

Prepare a guide explaining the structure of the frameworks and how the contaminated environment and planning frameworks integrate

Establish a comprehensive set of guidance that meets the needs of users, which includes dates for review

Examine the opportunity to establish standardised cleanup requirements for particular categories of common contaminated environments based on industry type

3 information regarding contaminated environments

Develop and adopt a risk tool to assess the level of risk posed by contaminated environments

Develop a centralised, publicly available listing of information regarding contaminated environments known to EPA, including Groundwater Quality restricted use Zones (GQruZs)

Develop options for EPA to gain information about contaminated environments that would not come to EPA’s attention through the current system

4 EPA tools Develop consistent requirements for remedial notices (based on the principles in recommendation CEF1) and procedures for their application and follow up

train EPA staff in the application of these tools

review and obtain the knowledge and expertise required to inform EPA’s decisions and using that knowledge to support other stakeholders in their decision making

undertake an external review of the environmental audit system, particularly focusing on audit triggers, the guidance associated with the environmental audit system and its impact on the decisions made through the system and compliance regime

introduce a system to allow people to seek a review of pollution abatement notices and clean up notices issued by EPA

8

once the strategy is implemented, what will you see?

• A reduction in the environmental impacts of historical contamination.

• Stakeholders will have a clear understanding of EPA’s roles and responsibilities in the management of contaminated environments, and how these relate to, and are distinct from, other key government organisations with responsibilities in managing contaminated environments.

• Contaminated environments will be more readily cleaned up and suitable for use with a focus on those posing the greatest risk to health and the environment.

• the victorian community will have a greater understanding about, and be able to readily access information on, the management and location of contaminated environments.

• EPA will have a clear and transparent process to support the identification, prioritisation and management of contaminated environments.

• EPA will have a transparent and consistent approach to the application of its regulatory tools.