Moorabool council has announced that dozens more suspected toxic waste canisters were located on a Merrimu property, as the mayor continues to express dismay with an Environment Protection Authority (EPA) clean up order.
As reported by Star Weekly, an EPA clean-up notice was issued to council requiring it to remove about 1000 to 1250 dissolved acetylene cylinders on pallets in two trailers parked on the nature strip of 210 Lerderderg Park Road, Merrimu.
The council estimated the clean-up costs to be about $500,000.
Council requested a stay on this order at a Victorian Civil and Administrative Tribunal (VCAT) hearing. The tribunal refused the request on Wednesday, July 16, ruling that it was in community interest to address the matter urgently.
According to council, the VCAT order referred to cost-sharing, however, the EPA refused to do so.
Mayor Paul Tatchell said the EPA should share the clean-up cost as the illegal dumper of the toxic waste had been under surveillance since at least last year and “the EPA had failed to take action”.
“The EPA has trashed the idea of cost sharing when clearly their actions have let this situation unfold,” Cr Tatchell said.
“Why should our ratepayers bear the cost when the EPA had ample time and opportunity to clean up this waste long before it was dumped on land we manage?
“VCAT says we have to clean up the containers on our land because they are dangerous and unstable – what’s the EPA doing about the canisters on the adjoining property? … There are apparently dozens more on the property they’ve had under surveillance – they’re just sitting there. Presumably they are just as dangerous.”
Cr Tatchell estimates about four times the amount of waste was discovered on the site itself compared with the nature strip.
Cr Tatchell said this was why council was campaigning across the state to have the rules changed.
An EPA spokesperson said the authority contacted council to explain that a VCAT suggestion of cost sharing was considered, but was not possible.
“VCAT did not grant a stay on EPA’s decision requiring [Moorabool] to clear waste, including a large number of acetylene cylinders allegedly moved and abandoned in contravention of a previous EPA notice,” the spokesperson said.
“EPA was aware of waste stored on trailers at an address in Merrimu and we had regulated the party alleged to be in control of that waste, as we are required to. Clearly, the waste should not have been moved to council land. Investigations as to who moved it are ongoing, and because of those investigations, as well as live legal activity, we are unable to comment further.”
A state government spokesperson did not respond to questions regarding whether a change in legislation requiring landowners or councils to pay for the clean-up of waste – especially hazardous waste – dumped on their properties has been considered.
“We know illegal dumping of waste has an impact on local communities and environment– that’s why we have given the EPA greater powers to crack down on offenders, including tougher penalties for repeat offenders,” the spokesperson said.
Star Weekly understands that as the matter is continuing at VCAT and the EPA’s investigation into the illegal dumping is ongoing, the government considered it inappropriate to comment on the matter further.
