Australian Native Landscapes (ANL)

Update - September 2009

On 22 September 2009 mediation between EPA and ANL took place at the Victorian Civil and Administrative Tribunal (VCAT), with the Shire of Yarra Ranges and community members present. A further mediation has been scheduled for 23 October 2009.

ANL will continue to operate under EPA Notice conditions until the Tribunal makes its final decision.

Until this time EPA will continue to monitor ANL and respond to community reports. Anyone wanting to report pollution or odours can call the EPA Pollution Watch Line on 9695 2777.

When there is an outcome from VCAT, EPA will consult with Shire of Yarra Ranges and the local community in reassessing what actions are appropriate.

Background

Odours from the Australian Native Landscapes (ANL) composting facility in Coldstream are having a significant impact on the amenity of communities in Coldstream and Lilydale. EPA has placed legal requirements on ANL to address the problem and has been working closely with the Shire of Yarra Ranges and local communities affected by the smell.

Licence Application

Regulations that came into effect in 2007 required all existing composting facilities, with the capacity to process more than 100 tonnes of waste per month, to apply for an EPA licence by the end of that year.

EPA Victoria received a licence application from ANL for their composting facility located at 527-529 Maroondah Highway, Coldstream.

EPA made the application open to public comment due to the significant community interest in the site and the large number of reports received relating to odour from the facility.

On 18 February 2008 a public conference was held under section 20B of the Environment Protection Act 1970, chaired independently by Mr Peter Davies, to gather input from stakeholders on ANL’s application for a licence. The report from the 20B conference is available below.

ANL have taken action at the Victorian Civil & Administrative Tribunal (VCAT) claiming EPA did not make a determination on their licence application in the required time frame. This matter, along with a Shire of Yarra Ranges application to cancel a planning permit for the facility, is the subject of the current VCAT hearing. EPA has informed VCAT that it believes ANL should not be issued a licence. A Press Release outlining EPA’s position is available below.

On 14 April 2009, EPA refused ANL’s three-fold application to carry out further works at the facility - under an amended Works Approval, or an amended Pollution Abatement Notice, or a Research, Development & Demonstration approval - which was submitted in the context of the ongoing VCAT hearing.

After final legal arguments were put to VCAT on 20 and 21 May 2009, the hearings were closed. All parties now await the Tribunal’s decision on the future of ANL’s composting facility in Coldstream. The Tribunal did not specify any due date for its decision.

• Download the Licence Application (PDF 1,557KB)
• Download the 20B public conference report (PDF 171 KB)
• Download the EPA Press Release 6 March 2008

EPA requirements of ANL

In response to ongoing reports of odour from the facility, EPA issued a Pollution Abatement Notice (PAN) (PDF 136 KB)  to ANL in October 2006, which was revised in July 2007. The PAN places obligations and requirements on ANL including:

• no offensive odours or dust beyond the boundary of the premises
• strict processing requirements to minimise anaerobic fermentation in organic materials onsite
• ongoing measuring and record keeping of temperature, moisture and oxygen levels in composting materials
• monitoring and record keeping of composting materials kept onsite
• monitoring and record keeping of activities that can contribute to odour and dust
• restrictions in the quantity of green waste that can be accepted at the site
• submission of an Environmental Improvement Plan (EIP) addressing standard operating procedures at the facility, a fire management and prevention plan, and a continuous improvement plan

EPA encourages the community to report odour incidents to the Pollution Watchline on 9695 2777.

History

In November 2004, EPA granted Leastwaste, the Eastern Regional Waste Management Group, a works approval to set up a composting facility at Coldstream.

In August 2005, Leastwaste contracted ANL to operate the Coldstream composting facility. The works approval transferred to ANL in September 2005 and in April 2006 the works were completed.

EPA became aware over following months that the facility was generating strong odour, which was affecting local residential communities. Investigations indicated the primary source of odour was a pile of unmanaged green waste left there prior to commencement of operations. Other sources of odour were also identified including: the leachate dam, windrow management, and incoming material.

In October 2006 EPA issued a PAN on ANL requiring improvements to operations and facilities at the site, and monitored their implementation. In February 2007 ANL were fined for failing to comply with a requirement of the PAN.

In July 2007, in an effort to reduce the ongoing odour problem, EPA put in place a revised PAN that required a range of measures to improve ANL’s operations at the site including improved management and an upgrading of technology. These efforts culminated in the removal of more than 28,000 m3 of highly odourous material from the site during September 2007.

An EPA Victoria audit of ANL in October 2007 resulted in the company being fined a further $5506 for breaching a requirement of the PAN. Following community meetings held at Coldstream on 15 October and 19 November 2007, EPA maintained a daily presence in the area.  EPA officers were based at the Shire of Yarra Ranges offices in Lilydale in order to undertake regular monitoring of the area and respond quickly to community reports of odour.

EPA subsequently confirmed odour from ANL on a number of occasions and investigations into these incidents proceeded. At the end of 2007 changes in Scheduled Premises Regulations meant that all existing composters with the capacity to process more than 100 tonnes of waste had to apply for an EPA licence. ANL applied for a licence in due course.

Because of the significant community interest in the site EPA decided to make the licence application open for public comment. A public conference was held on 18 February 2008.

EPA received 224 written submissions prior to the conference. During the conference presentations were made by ANL, The Shire of Yarra Ranges, and eight community members.

ANL have since taken action at the VCAT claiming EPA did not make a determination on their licence application in the required time frame. This matter, along with a Shire of Yarra Ranges application to cancel a planning permit for the facility, is the subject of the ongoing VCAT hearing.

Can ANL continue to operate at the site while the VCAT hearing is in recess?

ANL will be operating under the same conditions they have been since the issuing of the revised PAN (PDF 136 KB) in July 2007(discussed above). This means that until a final determination is made by VCAT, ANL can conduct their business as usual in accordance with the conditions laid out in the PAN.

Will EPA continue to respond to reports of odour while the VCAT hearing is in recess?

Yes, EPA will continue to respond to reports of odour from the community and monitor ANL’s compliance with the PAN ( PDF 136 KB) . In order for verification of odour to occur during this time, it is important that any community reports of odour be made in a timely manner.

Is there any health risks associated with the odour?

According to information from the Department of Human Services only a small number of studies have been undertaken on the health of residents living near to composting facilities, "where these studies have been done, there has been no evidence of an impact on public health." (Department of Human Services)
More information is available from the Shire of Yarra Ranges website.

What about the gases in the odours?

EPA has conducted testing of the gases taken from samples at the site, which was made available to the stakeholder reference group. The testing shows the gases are typical of those generated by the breakdown of organic material at a compost facility.

• Download the report (PDF 33KB)

What about greenhouse gases being emitted from the site?

When green wastes break down without air, they create a mixture of gases including the very active greenhouse gas, methane. By removing green waste from landfills, ensuring that the process used to breakdown green waste occurs in an aerated environment, greenhouse gases will be reduced.

Reusing green waste in the form of compost can also aid in the reduction of greenhouse gases as well as reducing evaporation from gardens.

Who to contact/staying informed

EPA will continue to keep the community informed primarily through this website and in alternative forums as appropriate. Anyone wanting more information relating to this site can contact EPA Victoria on 9695 2777 or send an email.

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