- Status
- Active
- Incident Date
- 1 July 2022
- Locations Affected
- Suburbs: Botanic Ridge, Settlers Run, Brooklands Greens, Cranbourne
EPA Region: Southern Metro
This incident was last updated on 4 August 2023
Summary
EPA is investigating odour impacts emitted from the Stevensons Brothers Industries (SBI) landfill in Ballarto Rd, Cranbourne.
We have confirmed the odour is hydrogen sulphide (which is often described as a rotting-egg smell). Our public health scientists advise the gases have been detected at low levels and are unlikely to cause long-term harm. EPA has been visiting the site regularly and has identified several factors that have contributed to the smell at the landfill.
We are taking legal action in the Supreme Court against SBI Landfill Pty Ltd and its directors. We allege they have failed to comply with Victoria’s environment protection laws. Civil action commenced 4 August 2023. This latest action is an escalation of regulatory action against the company, after odours were first reported by the local community in March 2022.
Please keep reading for more information, or jump to the latest updates at the bottom of this page.
Compliance and enforcement
EPA’s compliance and enforcement approach involves a mix of encouragement and deterrence to motivate action. EPA takes an escalating approach to enforcement. This means we respond more harshly if a business is resistant, evasive or fails to account for its risks.
Civil proceedings
On 4 August 2023 EPA commenced civil proceedings against SBI Landfill Pty Ltd and its directors.
EPA alleges a range of serious non-compliances with Victoria’s environment protection laws. Included in the 5 allegations is that the company:
- did not follow the requirements of its operating licence
- did not meet its General Environmental Duty because of the prolonged impacts the landfill odour is having on local residents.
If proven by EPA, penalties could exceed $1.8 million for the company and $360,000 for directors for each allegation.
EPA is also asking the court to issue interim orders to stop the site from accepting waste until it prevents unacceptable impacts on community health and the environment.
- 30 August 2022: SBI is asked to demonstrate why their licence should not be suspended.
After reviewing the information provided by SBI, EPA made the decision to suspend the licence until 30 January 2023. This action was taken due to the ongoing non-compliance with a number of licence requirements.
- 10 October 2022: SBI files a merits review challenge with the Victorian Civil and Administrative Tribunal (VCAT).
SBI also filed a VCAT application seeking an order to stay EPA’s decision to suspend SBI’s operating licence. SBI was granted a stay of EPA’s licence suspension by VCAT.
- 16 March 2023: EPA and SBI have a VCAT practice day hearing.
At that hearing the merits review hearing, scheduled for 17 April, was adjourned to a date to be confirmed. VCAT decided that another practice day hearing will also be scheduled at a date to be confirmed. SBI is permitted to continue to operate during this time.
Notices
- 31 August 2022: EPA issues an Improvement Notice to SBI for hotspot management.
This notice has now been revoked. SBI has complied with the conditions of the Notice and it has been revoked by updating its hotspot monitoring and management plan and providing its hotspot prevention monitoring records to EPA.
The Information Gathering Notice regarding waste disposal data is still in place.
- December 2022: SBI submits an environmental audit report to EPA which outlines 40 recommendations.
This audit was a requirement of their licence. In the report SBI was to address immediate recommendations in the audit with an action plan.
- 4 October 2022: EPA charges SBI with breaching section 63(1) of the Environment Protection Act 2017.
- 17 March 2023: EPA withdraws a charge of breaching its licence to operate a landfill against SBI in the Frankston Magistrates Court.
Following a review of an Environmental Audit Report into the site and further investigation by its officers, EPA now views enforcement action, through the launching of civil proceedings, will have a greater potential to effect change than pursing allegations against SBI through the criminal courts.
The withdrawal of the criminal proceedings now enables the EPA to pursue appropriate civil proceedings on time.
If you notice a strong odour in the area, please report it to EPA as soon as possible. You can notify us by completing a pollution report form or you can email contact@epa.vic.gov.au or phone our contact centre on 1300 372 842.
Try to include as much information as possible, including:
- type of odour (read our guide on how to describe smells)
- wind strength and direction
- your location
Community information
It is EPA’s practice is to make the results of investigations public as soon as possible. Please bookmark and return to this page to view the latest updates from EPA and please also visit SBI's news page.
EPA runs a series of community information sessions, with the next session scheduled to be held in person on Thursday 17 August between 4pm to 7pm. Location is Fairhaven Family & Community Centre, 42-52 Fairhaven Boulevard, Cranbourne West, VIC 3977.
Community health advice
Our public health scientists assess risks to health based on many factors, including the potential for harm from a landfill, how people are exposed, health effects from exposure, and those being exposed.
Our public health scientists advise the gases have been detected at low levels and are unlikely to cause long-term harm. You can read more on our assessment of the potential short-term health impacts of this incident.
Although it is an unpleasant smell, our public health scientists have advised there is no need to evacuate homes. We are closely monitoring the site and, if anything changes, we will update you as soon as possible.
Our investigations show the odour levels detected at SBI are lower than those likely to cause any long-term adverse health effects on humans, animals, or plants. However short-term health effects may occur for the duration of exposure.
Depending on the amount of exposure to hydrogen sulphide, effects can include: coughing, watery eyes, irritation of the eyes and throat, headache, and nausea. These effects usually go away quite quickly once exposure stops. Please see our advice on how to minimise your exposure to the odour.
EPA encourages residents to see your doctor if you are concerned about any symptoms or health issues. General practitioners treating community members that may be affected by the odour should refer to the SBI landfill odour factsheet for GPs.
About the odour
The source of the odour is SBI’s sole landfill cell, which is EPA-licenced to accept solid inert waste, like construction and demolition materials.
The rotten egg smell is hydrogen sulphide (H2S). This gas can be produced when solid inert waste (such as construction and demolition materials) decomposes.
You might find that the smell is worse at night or in the mornings when the air is still, and it may seem better when it is windier. This is because hydrogen sulphide is heavier than air, which means it tends to collect close to the ground unless there is sufficient wind to disperse it into the atmosphere.
Winter can also make the smell seem stronger, because cold, damp weather keeps the odour even closer to the ground.
Issues at SBI that have contributed to the odour
Our investigations found:
- insufficient cover over construction and demolition waste at the landfill
- potential hotspots in the landfill cell
- ·one or more blockages in the leachate management infrastructure
- lack of an appropriate risk management and monitoring program (RMMP)
- issues with management of landfill gas extraction.
The lack of cover has allowed rainwater to flow through and pool underneath the landfill. This increased the amount of odorous trace gases, which SBI failed to manage.
Air monitoring
EPA devices to measure hydrogen sulphide (HS) were at the site from July to November 2022. These were provided to determine if HS concentrations presented a risk of harm to the health of the community.
Data from July to November 2022 showed 0.1-0.2 parts per million (ppm) of hydrogen sulphide (rotten egg smell) since 22 July to November, which is low. Sometimes, it was too low to be measured or was at 0.0 ppm. The data established the concentrations did not present a risk to human health.
As the data from the devices did not contribute to our response on the ground, they were removed as they were needed for EPA’s bushfire season preparedness.
We will continue to visit the site and surrounds with our expert staff and portable odour equipment to ensure levels continue to be monitored.
Minimising your odour exposure
The short-term health impacts of this type of odour will vary based on the level of exposure. To minimise your exposure, we recommend:
- If there is no noticeable odour outside, ventilate your house by opening doors and windows to replace stale air with fresh air (if possible)
- If the smell is noticeable outside, keep your windows and doors closed.
Responsibilities by organisation
At any large-scale site, like the SBI landfill, there are many organisations that have a role in regulation, to ensure the site prevents and manages any risks.
EPA
As Victoria’s independent environment regulator, our role is to check and enforce compliance with the Environment Protection Act (2017).
EPA is responsible for preventing or controlling pollution (including noise) and improving the quality of the environment. This responsibility includes regulating activities that may present a danger to the environment.
One of the tools available to EPA is the licensing of certain scheduled premises that may present a risk to the environment. The EPA ensures duty holders, such as SBI, complies with the obligations of their licence to minimise risk to human health and the environment.
- Learn about the EPA’s role in landfill management
- The types of EPA licences that allows a business to lawfully run high-risk activities, such as waste treatment and disposal.
- How the EPA manages the works approvals and licencing system
- Download our compliance and enforcement policy (PDF)
Local council
The local council has legislative oversight of the planning requirements for the SBI site.
- Learn about the City of Casey’s landfill planning approvals process
- Read about the council’s actions on the SBI site (dated 6 July 2022).
Licence holder (also known as a duty holder)
A licence is subject to conditions. These conditions give rise to a number of duties and obligations on the licence holder. Some of these are general in nature, while others require the licence holder to do (or not to do) specific things. For example, SBI holds an operating licence that includes conditions that require SBI to report to EPA annually, as well as in the event any breaches are detected.
- Read our general information on operating licences
- Or search for a copy of SBI’s operating licence(to view you must use an Internet Explorer or Apple Safari browser)
- Visit SBI landfill's website
Worksafe
Worksafe is Victoria’s workplace health and safety regulator that ensures employers, such as SBI, comply with their OHS obligations to create a safe work environment. Worksafe has been notified of the SBI incident and are carrying out their own investigations.
VicRoads
VicRoads manages the road network under the Road Management Act (2004). We understand there have been reports about the state of the road in the vicinity of the SBI landfill. The City of Casey council has been following this up directly with VicRoads.
For more information
- Search for SBI’s EPA operating licence and permit via the EPA’s permissions register (details of EPA-issued notices are not online. They can, however, be made available to you through a freedom of information request)
- Get in touch with the SBI’s Landfill Community Consultative Committee
- Read general information about landfills and how businesses should manage industrial waste
- Learn about EPA operating licences and permits
Latest updates
-
28 December 2022 EPA extends Information Gathering Notice by one week
-
21 December 2022 EPA issues 2 Information Gathering Notices
-
18 November 2022 EPA revokes the Environmental Action Notice
-
10 November 2022 EPA extension for SBI to provide updated Leachate management plan
-
20 October 2022 SBI's request to stay the suspension of their operating licence is upheld by VCAT
-
10 October 2022 SBI challenges the suspension of its operating licence at VCAT
-
4 October 2022 EPA lays charge for breach of Environment Protection Act 2017
-
3 October 2022 EPA suspends SBIs operating licence and issues an Environmental Action Notice
-
21 September 2022 EPA issues two additional Improvement Notices
-
13 September 2022 EPA revises the previously issued RMMP Improvement Notice
-
12 September 2022 EPA issues another Improvement Notice
-
31 August 2022 EPA issues another Improvement Notice
-
30 August 2022 EPA issues Notice of Intent and Improvement Notice to SBI landfill operator
-
26 August 2022 Following reports of odour, EPA officers inspected SBI landfill in Cranbourne
-
26 August 2022 EPA lifts the prohibition notice in place
-
24 August EPA identified insufficient daily waste cover on 7 and 8 August 2022
-
5 August 2022 EPA installs additional air quality monitoring equipment
-
10 August 2022 EPA stops SBI landfill from accepting waste until it can control odour
-
29 and 30 July 2022 EPA holds community information sessions
-
26 July 2022 EPA analyses the first air monitoring results
-
25 July 2022 SBI advises it is installing additional gas extraction systems
-
24 July 2022 SBI completes removal of stagnant water
-
22 July 2022 air quality monitoring equipment installed
-
20 July 2022 EPA inspects the SBI site
-
10 June 2022 EPA identifies further causes of the odour at the SBI landfill
-
28 April 2022 EPA receives new odour pollution complaints and sends officers to the site
-
22 March 2022 EPA receives community reports of an odour
-
25 November 2021 SBI commenced waste management services for the building and construction industry
-
13 March 2020 SBI commenced a solid inert landfill operation
Reviewed 3 August 2023