- Date of offence
- Between 01 Apr 2011 and 30 Jun 2011
- Type of offence
- Pollute atmosphere and make offensive to the senses of human beings at Hampton Park, contrary to s.41(1)(a).
- Disobey condition 1.13 of the licence at Hampton Park, contrary to s.27(2).
- Background of offense
- Between April 2011 and June 2011 the residents of a number of suburbs in proximity to the landfill operated by SITA Australia Pty Ltd at Hampton Park experienced strong odours. The odours had a very substantial and long term impact on the amenity of affected residents. The EPA investigation revealed that the source of odour was from a particular landfill cell, and related to the size and gas mitigation infrastructure of that cell. EPA officers were able to exclude other potential sources of odour in the surrounding area. As a result of the subsequent enforceable undertaking, SITA Australia Pty Ltd undertook substantial capital works improvement on the site.
- Date of court hearing
- 21 September 2012
- Court location
- Select a court location
- Reasons for prosecution
- In accordance with the Compliance and Enforcement Policy, EPA was satisfied that an enforceable undertaking was an appropriate sanction because SITA took active responsibility for the offence and the enforceable undertaking achieved a more effective long term environmental outcome to prosecution.
Court orders made
On 21 September 2012 the Authority accepted SITA Australia Pty Ltd's (SITA) offer of an Enforceable Undertaking. The Undertaking was offered in response to reports of offensive odour consistent with putrescible waste in residential areas surrounding the Hallam Road landfill.
Under the terms of the Undertaking, SITA commits to:
- Operate the Odour Curtain System (or any similar system as may be proposed by SITA and approved by EPA).
- Operate in accordance with the cell volume and lifespan spreadsheet attached as Appendix A.
- Agree to a licence amendment to include conditions which address the matters listed in Appendix B.
- Carry out 6 monthly aerial infra red monitoring program.
- Update the local community on a quarterly basis via a Community Update Fact Sheet.
- Operate the SITA Environmental Report Hotline (or any similar reporting service as may be proposed by SITA and approved by EPA) for use by the local affected community.
- Contribute $100,000 to a local environment project.
SITA must engage an EPA appointed Auditor to review the Undertaking and provide written assurance to the Authority that it has complied with the undertakings.
SITA has estimated that the cost of compliance with this Undertaking is approximately $800,000.
The terms of the Undertaking will terminate in 3 years from the date of the signed Undertaking.
Reviewed 13 March 2020