Date of Offence
15 Oct 2009
Type of Offence
Disobey condition 1.12 of licence, at Dandenong South on 15.10.2009 contrary to s.27(2).
Background of Offence
On 15 October 2009, a heavy downpour caused flooding at premises of PZ Cussons Australia Pty Ltd in Dandenong. The downpour resulted in a loss of containment of stormwater from the stormwater system. Stormwater overflowed into the site easement and into one of the neighbouring properties. The stormwater was contaminated to some degree with detergent from the manufacturing process. In order to avoid more serious flooding to its site, the company opened the sluice gate to the stormwater system, releasing foaming water into the storm water drains leading to neighbouring waterways. As a result of the subsequent Enforceable Undertaking, PZ Cussons Australia Pty Ltd undertook substantial capital works to change the operation of the storm and waste water treatment procedures.
Remedial Action Taken by EPA
Date of Court Hearing
10 Feb 2011
Date of Court Orders
Reasons for Prosecutions
In accordance with the Compliance and Enforcement Policy, EPA was satisfied that an enforceable undertaking was an appropriate sanction because PZ Cussons took active responsibility for the offence and the sanction achieved a more effective and long term environmental outcome than prosecution.
Court Orders Made
On 10 February 2011, the Authority accepted PZ Cussons Australia Pty Ltd (PZ Cussons), proposal of an Enforceable Undertaking following the discharge of contaminated stormwater in breach of Condition 1.12 of the company’s EPA licence on 15 October 2009.
Under the terms of the Enforceable Undertaking, PZ Cussons commits to:
- Upgrade its stormwater and trade waste systems.
- Conduct a subterranean camera survey, conduct leak testing of the trade waste pipework and repair or re-line the existing cracked trade waste pipework.
- Install a Bulk CAPB Tank to reduce the volume of trade waste and risk of spillage associated with handling and cleaning IBC’s.
- Provide funding of $50,000 to the cities as Water Supply Catchments Project, the outcomes of which are expected to be applicable to the treatment of detergent contaminated stormwater in the urban environment.
- Participate in the South East Business Network to share information and experiences.
PZ Cussons must engage an EPA appointed auditor to examine the content of the Undertaking and review the company’s compliance with its terms. The auditor must provide written assurance to the Authority that it has been successfully implemented.
PZ Cussons has estimated the cost of compliance with the Undertaking to be approximately $595,000 including $543,452 spent on actions completed at the date the final offer was submitted to the Authority. PZ Cussons will provide the Authority with a detailed costing of compliance expenditure upon completion of the Undertaking.
The terms of the Undertaking must be completed, with audit verification, by 31 July 2011.
Page last updated on 19 Oct 2016