Question On Notice No. 3170 asked in the Legislative Council on 9 September 2020 by Hon Tim Clifford
Question Directed to the: Minister for Environment
Parliament: 40 Session: 1
Question
(1) I refer to the response provided to question without notice 798, and I ask:
(a) when will the Department of Water and Environmental Regulation (DWER) investigation into whether there are any breaches of environmental legislation as a result of the fire be complete; and
(b) given Cleanaway’s South Guildford facility handled hazardous waste including batteries and hydrocarbon waste, why is DWER, in conjunction with the Department of Fire and Emergency Services, only now creating a fire pollution and prevention strategy to reduce the risk of fires at material recycling facilities?
(2) I refer to the Cleanaway Material Recovery Facility (MRF) at South Guildford, and I ask:
(a) for any licensing breaches that have occurred on the site since operations began, will the Minister please provide details including when the breach occurred, the nature of the breach and what was done to rectify the issue;
(b) will the Minister please provide details, including when the fire occurred and the nature of the cause of the fire, for any fires that have occurred on the site since operations began;
(c) why did DWER classify a fire at a facility licenced to stockpile a million tonnes of flammable plastic waste as low risk and minor in consequence:
(i) why was this classification not adjusted when Cleanaway’s license was amended to receive hazardous waste, including hydrocarbon waste and batteries; and
(d) given the facility has not been required to undertake any Environmental Impact Assessment prior to operation and licencing and that the former Western Australian Parliamentary Waste Control Fire Inquiry (Bellevue Hazardous Waste Fire Inquiry) recommended a range of regulatory recommendations to ensure safer and better operations at large-scale waste facilities handling hazardous wastes such waste oil and plastics, why did DWER not require a full fire impact risk and hazard assessment prior to issuing a licence?
(3) I refer to the waste water that entered the Swan River as a result of fire fighting efforts during the November 2019 fire at Cleanaway’s South Guildford facility, and I ask:
(a) will the Minister please confirm the estimated amount of runoff that may have entered the swan estuary during these efforts:
(i) can the Minister please account for the discrepancies between DWER and Cleanaway reports; and
(b) does the Minister echo community sentiment for the facility to be relocated to a safer location with a more adequate buffer zone, away from the Swan River and homes?
Answered on 13 October 2020
(1)(a) The Department of Water and Environmental Regulation’s (DWER) investigation into whether a breach of the Environmental Protection Act 1986 (EP Act) occurred as a result of the fire is ongoing.
(b) Operators of waste facilities have long had legal obligations to ensure that their premises do not cause environmental harm or pollution under the EP Act. In addition, there is a range of other legislation that requires operators of hazardous waste facilities to appropriately manage risks. Due to a recent increase in fires at Material Recovery Facilities the Department developed a Fire Pollution and Prevention Strategy to improve the mitigation and management of fire-related risk. The strategy which is now being implemented across Western Australia has involved the inspections or audits of 36 facilities and have resulted in licence amendments under the EP Act.
(2)(a) I am advised there have been the following identified breaches to environmental licence requirements since operations began in 2017:
- On 31 December 2017, material was stored outside of the premise boundary. To rectify this the Licence Holder relocated the material within the boundary.
- On 10 May 2018, the 2017-18 Annual Audit Compliance Report was submitted two months late. The Licence Holder advised that this was due to a misunderstanding of the required submission date. Administrative improvements were made and the subsequent reports for 2018-2019 and 2019-2020 have been submitted on time.
- On 29 June 2018, waste bins were stored outside of the premise boundary, causing rainwater leakage to a stormwater drain from the bins. To rectify this the Licence Holder immediately contained the leak and the bins were relocated under cover.
- On 12 July 2018, approximately five litres of oily water leaked from a bunded area into a soakwell. To rectify this the Licence Holder cleaned up and contained the leak within the premises. An outlet hose was also disconnected.
(b) I am advised that DWER is aware of three fires at the facility since the premises began operating. These occurred on 24 October 2019, 12 November 2019 and 25 November 2019. The fires that occurred on 24 October 2019 and 12 November 2019 were minor in nature and contained quickly. The fire that occurred on the 25 November 2019 was a major event that remains under investigation by DWER for breaches to the EP Act.
(c) – (d) DWER has advised that the original licence for the premises was granted based on the application and in accordance with processes and policies at that time. The licence amendment granted on 3 September 2018 for the inclusion of hazardous wastes applied to waste hydrocarbons and batteries, with only small quantities temporarily stored at the premises at any time. DWER did not consider that the inclusion of these small volume of hazardous waste increased the risks associated with fires at the premises and considered that it had sufficient information to grant the amendment.
(3)(a) DWER estimated the discharge of firefighting run off water that may have entered the Swan River to be approximately 200,000 litres, based on observations of flow rate and duration.
(i) DWER is not aware of any report from Cleanaway providing alternative volumes of firefighting run off entering the Swan River.
(b) I am advised that the location of the facility was considered through the planning approvals process. Development approval for the reconstruction and use of the South Guilford waste facility was granted, subject to conditions, by the Metro East Joint Development Assessment Panel on 11 August 2020. DWER will regulate the facility under the EP Act to ensure that emissions and discharges do not present an unacceptable risk to the environment and public health.