Moorabool council’s bid to avoid paying an Environment Protection Authority (EPA) clean-up order for illegally stored truckloads of hazardous industrial waste in Merrimu was knocked back by the Victorian Civil and Administrative Tribunal (VCAT).
An EPA clean-up notice was issued to council requiring it to remove about 1000 to 1250 dissolved acetylene cylinders contained on pallets in two trailers parked on the nature strip of 210 Lerderderg Park Road, Merrimu.
The notice required council to remove the waste from the premises and to a place that is permitted to accept it by Friday, July 25.
According to the tribunal, the cylinders were no longer fit for use and contained residual gas, with some of these cylinders appearing to include an asbestos binder and with asbestos potentially located in the porous mass.
Due to the dangerous and flammable substances in the cylinders, including acetone, dissolved acetylene, and chrysotile asbestos, they were considered as reportable priority waste.
Council requested a stay on the clean-up notice at a VCAT hearing on Wednesday, July 9.
But in a ruling on Wednesday, July 16 the stay was refused, with VCAT deciding that it was in community interest to address the matter urgently.
Council submitted that the period of time before the matter was heard would not be excessive and the ongoing risk could continue to be managed until a proceeding is determined.
Council made further submissions that – if the stay was refused – the hearing could conceivably be brought forward to minimise the period of time before the matter is heard and determined.
VCAT acknowledged the effect of not granting a stay, if the notice was complied with, would be a significant financial cost on council if the requirement for lawful disposal was invoked.
According to the tribunal, it is not known whether any of this cost can be recouped from the alleged polluter as a debt and whether the EPA would exercise its powers to clean up or facilitate a clean up or to agree to bear part of the cost of lawful disposal.
The tribunal decided that the lack of certainty about the extent of the risks of the cylinder should not be a reason to postpone measures to prevent threats, and were not persuaded the risk of collision with the trailers or tampering could be managed by while the trailers remain in situ.
