ESI Bangholme

A huge pile of contaminated soil at 576 Frankston Dandenong Rd, Bangholme will be cleaned up following a decision by the Victorian Civil and Administrative Tribunal (VCAT) supporting EPA Victoria.

The contaminated soil is on land adjacent to Jakupi Flowers which had a contract with ESI Projects Pty Ltd to use the land to stockpile supposedly uncontaminated soil. However, it was discovered it contained contaminants including asbestos and is only 400 metres from a retirement village presenting an environmental risk. It must now be removed by ESI , with a bill that could top $6million.

EPA had issued a notice to ESI to clean up the soil, but ESI argued in VCAT that it was not the appropriate entity to receive the notice as it was unaware the soil was a category B, the second most hazardous waste classification, and had relied on testing from soil suppliers which included Renex in Ordish Rd, Dandenong South which is licensed to accept the highest classification of contaminated soil and was therefore more likely to have cross contamination issues.

EPA strongly supports the Tribunal’s findings that “Where contamination is detected that presents a risk or possible risk of harm, a primary duty under the EP Act is to reduce or minimise that risk as far as is reasonably practicable. The powers available to the Authority provide for notices to require such action. The notices can be served on a range of people. This may include a person in management and control of the land, regardless of whether that person caused or permitted the contamination to occur.”

EPA note that the Tribunal’s final position stated “Nothing that has been submitted or put to the Tribunal by ESI persuades us that the action of the Authority should be set aside. We find that: (a) the Amended Notice was correctly directed to ESI as one of the persons a notice could be issued to under section 274(2) of the EP Act.”