ENVIRONMENT PROTECTION ACT 1970 SECTION 62A CLEAN UP NOTICE. PREMISES: Cnr Thompson Road and Worsley Road, BANGHOLME VIC 3175

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1 ENVIRONMENT PROTECTION ACT 1970 SECTION 62A CLEAN UP NOTICE Mr. Michael WOOTTEN COUNTRY FIRE AUTHORITY 8 LAKESIDE DR BURWOOD EAST VIC 3151 TO: COUNTRY FIRE AUTHORITY ADDRESS: 8 LAKESIDE DR, BURWOOD EAST VIC 3151 PREMISES: Cnr Thompson Road and Worsley Road, BANGHOLME VIC 3175 LEGAL REFERENCE: EP Act 1970 s.62a(1)(b) Cause / permit polluted premises Who we are: Environment Protection Authority (EPA) Victoria is an independent statutory authority established under the Environment Protection Act 1970 (the EP Act). Our purpose is to protect and improve our environment by preventing harm to the environment and human health. Why we serve remedial notices: Remedial notices are served to prevent or remedy a range of non-compliances with the EP Act. These notices are public documents and are publicly available. What you are required to do: Section 62A(1) of the EP Act requires you to comply with the requirements in this notice with one or more actions to prevent or remedy an actual or likely non-compliance. Under section 60A(1), if someone plans to take control of your premises, you must notify them of this notice and your progress towards compliance. When you are required to act: Immediately, from the date below. If you want compliance dates extended: An application to extend a compliance date listed in Section 3 of this notice must be received at least 10 working days prior to the compliance date. Application forms, available at must be addressed to the Manager of the EPA office listed on this notice with the subject line: Notice amendment application. Your served notice remains legally binding until EPA advises of any change. Refer to the Remedial notices policy (publication 1418) for further information on amendment applications. What happens if you don't comply: If found guilty of contravening a requirement of this notice, you may be ordered to pay a fine of up to 2400 penalty units (approximately $350,000). What your review rights are: An application for review of this notice can be made to EPA and/or the Supreme Court. Applications for an EPA review must be made within 7 calendar days from the notice issue date (below). Application forms are available at or from our offices. For more information on your review rights, refer to the Remedial notice review policy (publication 1531) or contact us on 1300 EPA VIC ( ). For the purpose of this notice 'You' means the recipient of this notice and 'Premises' means the site at the premises address, as identified above. Stephen Lansdell DELEGATE OF THE ENVIRONMENT PROTECTION AUTHORITY DATE OF ISSUE: 05/10/2015

2 NOTICE STRUCTURE 1 EPA OBSERVATIONS This section details what was observed during the inspection. 2 REASONS FOR VIEW FORMED This section interprets the observations and articulates why the authorised officer believes a non-compliance exists or is likely to exist. 3 REQUIREMENTS - WHAT OUTCOMES ARE REQUIRED TO COMPLY? Considering the view that has been formed, this section lists the requirements or actions to address the environmental risk(s) or impact(s). 4 AN EXAMPLE OF HOW YOU CAN COMPLY This section provides an example of how you may achieve compliance with the requirements of this notice. Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 2 of 9

3 1 EPA OBSERVATIONS 1.1 EPA received a report titled Targeted Environmental Site Assessment, CFA Training College, Bangholme Campus dated April 2015 and prepared by Cardno Lane Piper, which was prepared following an investigation of potential contamination at the premises. An EPA Officer reviewed the report and: Read on page 33 that soil samples from six bore locations (SB06, SB17, SB18, SB19, SB26, SB35) recorded photo-ionization detector (PID) readings greater than 50ppm, indicating the potential presence of hydrocarbon contamination in those areas Read on page 34 that soil sample location SB12, in close proximity to the eastern boundary of the site, reported a perfluorooctane sulfonate (PFOS) concentration exceeding the adopted criteria for the protection of ecosystems Read on page 34 that two soil sample locations reported perfluorooctanoic acid (PFOA) concentrations above the laboratory limit of reporting (LOR) but below adopted assessment criteria Read on page 34 that metals (including arsenic, chromium, copper, nickel, vanadium and zinc) exceeded the adopted criteria for protection of ecosystem at 32 soil bore locations Read on page 48 that surface soils impacted by petroleum hydrocarbons and metals which exceed the adopted criterion for the protection of ecosystems are primarily located in the vicinity of the above ground storage tanks (ASTs) Read on page 34 that soil sample location SB08, located in the old sludge drying beds of the former sewage treatment plant (STP) reported the highest concentration for copper and zinc, and the only exceedance for arsenic Read on page 37 that one sediment sample was collected from the on-site dam in the south west corner of the site, reporting a PFOS concentration below adopted assessment criteria and zinc and nickel above adopted assessment criteria Read on page 44 that two dam water samples, one near surface and one deeper were collected from the dam in the south west corner of the site, with both samples collected reporting: (a) PFOS concentrations of 2.37 and 2.7 µg/l respectively, above the adopted assessment criteria; (b) PFOA concentrations of 0.15 and 0.16 µg/l respectively, below the adopted assessment criteria; and (c) Coliforms concentrations of 2,900 and 16,000 orgs/100ml respectively Read on page 44 that the deeper dam water sample reported total petroleum hydrocarbons (TPH) fraction C16-C34 concentration of 0.62 m/l, above the adopted assessment criteria Read on page 25 that groundwater is conservatively classified as Segment B in the State Environment Protection Policy (Groundwaters of Victoria) Read on page 24 that the inferred groundwater flow is in a north-westerly direction towards Patterson River, and in a westerly direction towards Port Phillip Bay Read on page 24 that groundwater was intersected at depths of 5 to 6m below ground level, and that the standing water levels had risen to depths ranging from 0.39 m to 1.38 m below ground level, representing the potentiometric surface and indicating that groundwater is confined at the site Read on page v that metals, mainly arsenic, cadmium, copper, manganese, molybdenum vanadium and zinc were detected at various concentrations in groundwater. Copper and zinc were detected in all Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 3 of 9

4 groundwater bores above the protected beneficial use criteria for the protection of ecosystems Read on page v that total dissolved solids (TDS) was reported at very high concentrations in groundwater bore GW03, indicative of the ingress of contaminants Read on page vi that groundwater at the site precludes the protected beneficial use for the maintenance of aquatic ecosystems and primary contact and recreation Read on page 39 that PFOS was detected in three out of three groundwater bores (GW01, GW05 and GW06) at concentrations exceeding the adopted assessment criteria Read on page 40 that PFOA was detected in three out of three groundwater bores (GW01, GW05 and GW06), with one sample exceeding the adopted assessment criteria Read on page 40 that 6:2 fluorotelomer sulfonate (6:2 FtS) was detected in groundwater bore GW05 at a concentration exceeding the adopted assessment criteria Read on page 46 that a sample collected from the outlet of the above ground storage Green Tank reported perfluorinated compounds (PFCs) below adopted assessment criteria. 1.2 EPA obtained and reviewed a report titled Bangholme Water Outlet Sampling dated 10th July 2015, prepared by Senversa. An EPA officer: Read on page 8 that all samples collected from the potable water outlets reported PFC concentrations less than the laboratory LOR Read on page 8 that eleven out of fourteen samples collected from training water outlets detected PFOS and PFOA concentrations greater than the laboratory LOR, but below the adopted primary contact recreation criteria. 1.3 On Monday 24th August 2015 at 0955hours, EPA officers attended the Bangholme campus of the Country Fire Association (CFA) at the corner of Thompsons Road and Worsley Road to conduct a comprehensive site inspection, using knowledge gained from the review of the relevant environmental assessment reports for the site and to investigate possible contamination of soils, sediments, groundwater or surface water. The EPA officers: Were informed by the Practical Area Drill (PAD) Supervisor that they collect, treat and recirculate water at the site including stormwater runoff from roof buildings and roadways at the site Were informed by the PAD Supervisor that recirculated water is directed to the north mega litre tank to undergo chlorine dosage treatment and then into the south mega litre tank to undergo a second chlorine dosage treatment Were informed by the Project Manager that recirculated water is tested every two weeks Were informed by the PAD Supervisor that fuel sources used on the site include clean wood; typically offcuts from first use timber, hay, petrol, and jet fuel. No diesel is used in training activities Were informed by the PAD Supervisor that no burning activities are undertaken in the north-west portion of the site and runoff within this area flows to storm water Observed a small dam in the south-west corner of the site with vegetation and algal growth covering the surface. Noted that the drying pans in the adjacent Eastern Treatment Plant premises south of the small dam are up gradient of the dam embankment. Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 4 of 9

5 1.3.7 Observed the fire attack training PAD and building in the southern portion of the site Observed the gas PAD and were informed by the PAD Supervisor that the majority of hot fire burning is undertaken on this PAD using natural gas Observed the extinguisher PAD and noted black staining and cracking on the concrete surface Observed an in ground sump at the low point of the extinguisher PAD Were informed by the Project Manager that B Class foam was used in fire extinguishers on the extinguisher PAD until February Observed a Triple Interceptor Trap (TIT) and storage tank south of the pump shed for collection and storage of firefighting water from the flammable liquids PAD and extinguisher PAD Were informed by the PAD Supervisor that when the storage tank for firefighting waters from the extinguisher PAD and flammable liquids PAD is full water is directed through another two TITs before being released to sewer Were informed by the PAD Supervisor that historical foam use on site occurred on the flammable liquids PAD Observed the bunded flammable liquids PAD and noted the concrete surface was blackened and eroded surrounding the prop cars Observed the gas rupture PAD in the south-east corner of the site. Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 5 of 9

6 2 REASONS FOR VIEW FORMED The premises has been used for firefighter training since During this time a range of petroleum hydrocarbon fuels, various flammable materials and firefighting foams containing perfluorinated compounds (PFCs) have been used at the premises. Contamination by perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) and petroleum derived compounds has been found in land, surface water and groundwater at the premises. The premises continues to be used for firefighter training and the adjoining premises are used for recreational, commercial and industrial uses. The concentrations of contamination make or are reasonably expected to make the land, surface water and groundwater detrimental to any beneficial use made of the land, surface water and groundwater. I have therefore formed the view that, contrary to Section 45(1) of the EP Act, pollution of land has been permitted to occur on your premises and Section 39(1) of the EP Act, pollution of water, which includes groundwater, has been permitted to occur on your premises. On this basis, and considering the observations previously stated, I have formed a view and I am satisfied that you have caused or permitted pollution pursuant to section 62A(1)(b) of the EP Act, and I direct you to undertake the clean up and ongoing management measures as specified in this notice. On this basis, and considering the observations previously stated, I have formed a view and I am satisfied that you have caused or permitted pollution to occur. I have formed the view that this non-compliance, or likely non-compliance, must be remedied. Your remedy must meet the requirements listed in this notice. Abbey Richards AUTHORISED OFFICER EPA Southern Metro EPA Victoria DATE OF ISSUE: 05/10/2015 Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 6 of 9

7 3 REQUIREMENTS - WHAT OUTCOMES ARE REQUIRED TO COMPLY? General Requirements 3.1 Wastewater from your premises must not be: (a) used for irrigation purposes, except where such use is in accordance with EPA Publication IWRG632 Industrial Waste Resource Guidelines - Industrial Water Reuse 2009; or (b) discharged offsite except to a facility licensed to receive it under the EP Act. 3.2 By 4th November 2015 you must report to EPA information about the location, screen depth and groundwater quality, including testing for perfluorooctane sulphate (PFOS) and perfluorooctanoic acid (PFOA), of any unlicensed groundwater bores, located within 500 metres of your premises boundary. 3.3 By 4th November 2015 you must ensure that firefighting training activities that generate wastewater are only undertaken on areas of the premises that drain to the wastewater treatment system. 3.4 By 31st March 2016 you must supply to EPA for approval an Environmental Management Plan (wastewater and storm water) that: (a) identifies and evaluates all aspects and impacts of fire training wastewater generation and management at the site; (b) assesses the condition and adequacy of concrete PADs and other wet fire training areas; (c) identifies and maps on-site storm water and wastewater pipes, channels, drains and outlets; (d) assesses the adequacy and integrity of on-site subsurface wastewater pipes, wastewater ponds and wastewater infrastructure; (e) assesses the adequacy of existing wastewater treatment systems; (f) recommends measures to ensure wastewater is managed to prevent pollution of land and/or water; (g) recommends measures to prevent off-site discharge of wastewaters to the environment; (h) recommends measures to ensure storm water discharged from your premises is not contaminated by wastewater or pollutants; (i) details the proposed timeline for the implementation of measures recommended for f, g and h; and (j) details proposed contingency action plans and any associated monitoring programs and reporting dates. 3.5 By 1st June 2016 you must supply to EPA an assessment of the level and extent of contamination in soil, sediments, surface water and groundwater on and from the premises in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999 (as amended 2013). 3.6 You must immediately notify in writing any persons who may be affected if you identify that contaminated surface water or groundwater from the premises is currently impacting or likely to impact off-site receptors. Reporting Requirements Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 7 of 9

8 3.7 By the 30th November 2015 and the last business day of every subsequent month until 30th May 2016 you must report to EPA on progress of works to comply with this notice. Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: Page 8 of 9

9 4 AN EXAMPLE OF HOW YOU CAN COMPLY One way of achieving compliance with this notice would be to: 4.1 Do not use wastewater for irrigation purposes at your premises or offsite except where it is in accordance with EPA Publication IWRG632 Industrial Waste Resource Guidelines - Industrial Water Reuse Do not discharge wastewater offsite unless it is going to a facility licensed to receive it. 4.2 Engage with adjoining landowners to inspect those premises for the presence of any unlicensed groundwater monitoring bores, within a 500 metre radius of your premises. If any unlicensed groundwater bores are found, record their location (using GPS technology or equivalent) and bore construction information (type of bore, screen depth). Sample and analyse (TDS, ph and perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate(pfos)) groundwater in those bores. Report all this information to EPA. 4.3 Firefighting training activities at the premises that involve the generation of wastewater, must be undertaken on areas of the premises that have infrastructure that will drain and collect the wastewater into existing wastewater treatment systems at the premises Engage a suitably qualified person to enable you to provide to EPA a written plan with actions and timelines detailing how you will ensure that wastewaters at your premises are managed and that waste or pollutants are not discharged to the environment. The plan may include action to confirm the location and assess the capacity and integrity of: (a) storm water pipes and drains at the premises, (b) wastewater pipes and drains at the premises, (c) wastewater ponds at the premises, and (d) concrete PADs where wastewater is generated, at the premises. Where necessary, take action to: (e) isolate the storm water system at the premises, and prevent any waste or pollutants from entering the storm water system, (f) ensure that wastewater pipes and drains are not resulting in the discharge of waste or pollutants to the environment, and (g) ensure that wastewater ponds are not discharging waste or pollutants to the environment. 4.5 Engage a suitably qualified person to undertake an environmental site assessment of site contamination in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999 (as amended 2013), in particular schedules B1 (Guideline on Investigation Levels For Soil and Groundwater) and B2 (Guideline on Site Characterisation). This assessment may include: (a) a soil sampling plan based on site history, (b) groundwater sampling consistent with EPA Publication 669 Groundwater Sampling Guidelines. Submit to EPA a report covering the assessment of site contamination including: (c) scope and methodology undertaken in the investigation, (d) information collected through the data collection phase, (e) an indication whether contamination is present or likely to be present, (f) recommendations regarding whether further investigation is required, (g) the risk any contamination poses to human health and the environment. 4.6 If you identify that contaminated surface water or groundwater from the premises is currently impacting or likely to impact off-site receptors, immediately notify in writing any persons who may be affected. 4.7 Commencing from 30th November 2015, on the last business day of each month, provide a written report to EPA about works done at the premises, to respond to the Requirements of this Notice. Notice ID: EPA Victoria T: 1300 EPA VIC ( ) E: contact@epa.vic.gov.au Page 9 of 9