L09 – Disposing of tunnel boring machine spoil

Learn about the L09 – Disposing of tunnel boring machine spoil permit, the conditions you must comply with and how to apply.

When you need a permit for this activity

You must get a permission from us to conduct certain activities that have risk of harm to human health and the environment. These are called prescribed activities and are defined in Schedule 1 of the Environment Protection Regulations 2021.

Under the Regulations, you need an L09 – Disposing of tunnel boring machine spoil permit for disposing of tunnel boring machine spoil generated at another site into a containment system (including receiving, storing, treating, reprocessing or handling the spoil at the site prior to disposal and waste containment and management operations after disposal), other than— (a) disposing of spoil undertaken in accordance with a licence or permit issued under the Act; or (b) containment of spoil for the purposes of using the spoil.

Exemptions

Under some circumstances, you can apply for a development licence exemption or an operating licence exemption.

Information to include in your application

When you submit your application in the portal, it must include certain information and supporting evidence. To learn more, visit Apply for a permit.

If you're unsure of the type of permission you need, use our free permission pathway process before you start your application.

Application fee

For a list of current fees and how they're calculated, visit Fees. An extra fee may apply if we need more time than specified in the Regulations to assess your application.

If an application fee applies, we cannot assess your application until we've received and processed this fee.

How long your permit is valid for

Your permit is valid for 5 years.

How we assess your application

Find out how we assess your application and how long it takes.

Permit conditions

Permission conditions outline the legal obligations for the permission holder. They set up a framework for risk management, record keeping and reporting.

Where a condition includes:

  • the word 'placeholder', values will be populated with information that's specific to your site
  • a reference to a 'figure' or 'appendix', information will be populated that's specific to your site.

'Authority' means Environment Protection Authority (EPA).

Other conditions may apply.

Condition codeDescription
PER_G01A copy of this permit must be kept at the activity site and be easily accessible to persons who are engaging in an activity conducted at the activity site. Information regarding the requirements of the permit and the Act duties must be included in site induction and training information.
PER_G02You must immediately notify the Authority by calling 1300 372 842 in the event of:
a) A discharge, emission or deposit which gives rise to, or may give rise to, actual or potential harm to human health or the environment;
b) A malfunction, breakdown or failure of risk control measures at the site which could reasonably be expected to give rise to actual or potential harm to human health or the environment; or
c) Any breach of the permit.
PER_G03You must notify the Authority within 48 hours of the occurrence of any the following:
(a) Any change to your name or address (including your registered address and site as applicable); or
(b) A change to an officer (as defined in the Act).
You must update the EPA Interaction Portal if any other relevant administrative details for your business change.
PER_G04aYou must provide the Authority with a Permission Information and Performance Statement (PIPS) in the form determined by the Authority within 2 months of receiving notification in writing from the Authority. The PIPS may be released to the public (in whole or in part).
PER_G04b

Information and monitoring records used for the preparation of, inclusion in, or support of, any reporting or notification that is required of you by the Authority (including data reporting, performance reporting, documents evidencing any risk and monitoring program) must be:

a) retained for five years; and

b) made available to the Authority on request.

PER_G05

1. You must develop a risk management and monitoring program for your activities which:

(a) identifies all the risks of harm to human health and the environment which may arise from the activities you are engaging in at your activity site;

(b) clearly defines your environmental performance objectives;

(c) clearly defines your risk control performance objectives;

(d) describes how the environmental and risk control performance objectives are being achieved;

(e) identifies and describes how you will continue to eliminate or minimise the risks in 1(a) (above) so far as reasonably practicable (SFARP); and

(f) describes how the information collated in compliance with this clause, is or will be disseminated, used or otherwise considered by you or any other entity.

2. The risk management and monitoring program must be:

(a) documented in writing;

(b) signed by a duly authorised officer of the licensed entity; and

(c) made available to the Authority on request.

PER_G05.01

The risk management and monitoring program (RMMP) referenced in condition PER_G05 must be verified by a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 and it must contain or address:

(a) description of the environmental monitoring of leachate, groundwater, land, air, odour, noise, dust and surface water which will be undertaken to respond to the risks identified in the risk assessment;

(b) trigger levels and contingency actions to prevent further pollution if trigger levels are exceeded; and

(c) the frequency for completing environmental audits of the activities and containment system operation.

(d) a description and map of the location of the activity site at which tunnel boring machine spoil is to be received;

(e) a plan of the premises identifying the location of the processing area and the location of the containment system;

(f) a description of the physical characteristics of the activity site and elements or environmental values of the environment adjacent to the activity site;

(g) a description of the existing and proposed uses of the activity site and elements or environmental values of the environment adjacent to the activity site;

(h) a description of the activities to be undertaken at the activity site;

(i) a description of the tunnel boring machine spoil to be received at the site;

(j) specifications for containment of tunnel boring machine spoil at the activity site;

(k) the methodology for determining if tunnel boring machine spoil meets the specifications for containment of tunnel boring machine spoil;

(l) an assessment of the risk of adverse impacts from the receipt, storage, treatment, reprocessing, containment, handling or discharge or deposit onto the activity site of tunnel boring machine spoil (""the Activities"") on any beneficial uses of the environment;

(m) management and risk controls designed to minimise the risk of adverse impacts or harm to human health or environment from the Activities on any environmental value contained in an environment reference standard;

(n) detailed designs and technical specifications of the processing area and the containment system (including any containment system cells) at the activity site, including features intended to minimise the risk of adverse impacts from the Activities on any beneficial uses of the environment;

(o) a construction quality assurance plan for the containment system at the activity site;

(p) if leachate is generated by the activity, requirements for leachate sampling and analysis;

(q) if leachate is generated by the activity, the specifications of the qualities and characteristics of leachate that is suitable for reuse and an identification of activities for which that leachate can be reused;

(r) details of the method to be used to measure and record the information required to be recorded and retained under this Permit.

(s) a pollution incident plan setting out how any pollution incident will be responded to;

(t) a report prepared by an environmental auditor assessing the suitability of the detailed designs, technical specifications, construction quality assurance plan, monitoring program and pollution incident plan in achieving the requirements and objectives of these Regulations;

(u) how the risk management and monitoring plan is to be reviewed.

PER_G05.01.01You must engage a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 to conduct environmental audits of the nature and extent of the risk of harm to human health or the environment arising from [placeholder1 operation under Section 208 of the Act at the frequency specified in the monitoring program.
PER_CS01Subject to the following conditions, this permit allows you to: [placeholder1].
PER_CS02You must install [placeholder1] [placeholder2].
PER_CS03You must implement all liquid storage containment and handling measures in accordance with “Liquid storage and handling guidelines ” (EPA Publication 1698, as amended from time to time).
PER_CS04Commissioning activities must be undertaken in accordance with the commissioning plan approved by the Authority.
PER_CS04.01At least [placeholder1 before the commencement of any commissioning, you must provide to the Authority [placeholder2] that include(s): [placeholder3].
PER_CS04.02Before the commencement of any commissioning, you must provide, to the satisfaction of the Authority, a report that includes: [placeholder1].
PER_CS04.03You must not commence commissioning of the operating components of the permit activities until you have received the Authority's written approval of the [placeholder1] which is required pursuant to condition(s) [placeholder2].
PER_CS05Waste from the activity site must not be discharged or disposed of to the environment except in accordance with this permission or with any other permission or exemption issued by the Authority that may relate to the activity site.
PER_CS06

You must:

(a) develop and maintain a decommissioning plan;

(b) provide the decommissioning plan to the Authority upon request;

(c) supply to the Authority an updated detailed decommissioning plan [placeholder1] business days prior to commencement of decommissioning, if you propose to divest a section of the permitted site, cease part or all of the permitted activity or reduce the basis upon which the permit was granted to a point where a permit is no longer required; and

(d) decommission the permitted site in accordance with the detailed decommissioning plan, to the satisfaction of the Authority and within any reasonable timeframe which may be specified by the Authority.

PER_CS07You must not remove waste from the processing area unless you have:
(a) classified the waste in accordance with 'Waste disposal categories - characteristics and thresholds' (EPA publication 1828), the Act and Regulations; and
(b) determined the waste meets the specifications for containment of tunnel boring machine spoil; or
(c) determined the waste meets the definition of Fill Material in the Regulations.
PER_CS08Tunnel boring machine spoil which is excess or otherwise not contained during the course of the activity must be transported to a site which is authorised to receive this waste within 21 days of the date on which waste soil was initially received at the project site.
PER_CS09Leachate generated in the processing area, including liquid generated from dewatering of tunnel boring machine spoil must be:
a) captured and managed; and
b) analysed in accordance with the requirements for leachate sampling and analysis set out in the risk management and monitoring program and removed from the processing area; and
c) if the analysis determines that the leachate meets the specifications for reuse set out in the risk management and monitoring program, for the purposes of reuse; or the leachate must be transported to a facility lawfully authorised to receive the waste, or discharged to sewer in accordance with a trade waste agreement.
PER_CS10You must keep records of:
a) the incoming quantity of tunnel boring machine spoil received at the processing area and the date on which it was received; and
b) the quantity of tunnel boring machine spoil removed from the processing area for deposit in the containment system and the date on which it was removed and deposited; and
c) the quantity of leachate removed from the processing area for the purposes of reuse and the date on which it was removed; and
d) the quantity of leachate removed from the processing area for discharge or deposit into the sewerage system of a water corporation; and
e) the quantity of tunnel boring machine spoil and leachate removed from the processing area for deposit at a site permissioned to accept waste of that kind and the date on which it was removed.
f) records of all monitoring and analysis undertaken.
These records must be kept for five years and must be made available to the Authority on request.
PER_CS11The containment system must not be used to contain tunnel boring machine spoil that contains free liquid.
PER_CS12You must ensure that surface water is segregated from the containment system.
PER_CS13Waters contaminated by leachate must not be discharged beyond the boundaries of the site.
PER_CS13.01You must extract leachate from the containment system [placeholder1 such that the depth of leachate above the lowest point of the drainage layer does not exceed [placeholder2].
PER_CS13.02You must ensure that leachate within an unlined containment system (whole or part) is managed to maintain a leachate level lower than the local groundwater level as measured at the nearest down gradient bore.
PER_CS13.03By [placeholder1] you must provide to the Authority a hydrogeological assessment for the activity site that:
a) is in accordance with [placeholder2];
b) specifies the maximum leachate management level for [placeholder3] which protects beneficial uses of groundwater; and
c) is verified by a person who has been appointed as an environmental auditor under the Environment Protection Act 2017.
PER_CS13.04You must extract leachate from [placeholder1 such that the leachate level does not exceed [placeholder2].
PER_CS13.05By 30 days prior to the expiry date of this Permit, you must provide to EPA a reviewed and updated hydrogeological assessment for the activity site.
PER_CS14You must implement controls for noxious weeds that accord with the requirements of Sections 7.12 and 7.13 of the Best Practice Environmental Management, Siting, Design, Operation and Rehabilitation of Landfills (EPA Publication 788, as amended time to time) including but not limited to:
a) minimising the introduction of noxious weeds to the site; and
b) eradicating any noxious weeds that have established themselves onsite.
PER_CS15You must ensure all of the following:
a) Waste that is accepted for disposal at the activity site is only placed into [placeholder1; and
b) Waste for disposal is not placed outside of the perimeter of [placeholder2].
PER_CS16You must ensure that an independent annual survey is conducted by a licensed surveyor, or other method approved by the Authority in writing, by the end of June each year for each containment system cell at the activity site and submitted to the Authority with your permission information and performance statement. The survey must:
a) confirm the volume and mass of air space consumed since the last survey; and
b) verify that the top of the waste deposited in cells is in compliance with the EPA approved pre-settlement contour plan.
PER_CS17You must manage each containment system cell so that the surface contour prior to settlement conforms to the surface profile grades in Section 8.1.5 of the Best Practice Environmental Management, Siting, Design, Operation and Rehabilitation of Landfills (EPA Publication 788, as amended time to time) or otherwise as approved by the Authority in writing and so that [placeholder1.
PER_CS18You must:
a) notify the Authority of your intention to commence construction of a new containment system area or cell at the activity site by written notice; and
b) not start constructing a new containment system area or cell without written approval from the Authority.
PER_CS19Prior to waste placement in [placeholder1] you must: [placeholder2]
PER_CS20Prior to commencing construction of a new containment system area or cell you must submit the following material to the Authority so that it may consider whether or not to grant approval for the construction of the new cell:
[placeholder1].
PER_CS21Upon approval by the Authority to construct each new containment system cell, you must engage a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 to conduct an environmental audit and submit an environmental audit statement and environmental audit report to the Authority. The environmental audit report must:
a) verify that the construction of the new landfill cell is in accordance with EPA approved designs;
b) assess any potential risks associated with the construction or use of the new containment cell; and
c) be prepared in accordance with Section 212 of the Environment Protection Act 2017.
PER_CS22You must not commence filling of any new containment system area or cell with tunnel boring machine spoil without the written approval of EPA.
PER_CS23You must develop and implement a rehabilitation plan for the containment system. The plan must:
a) be revised as required after each area or cell is full;
b) set timeframes for the final capping of all completed areas or cells, calculated from the date that the area is (or is to be) completed or cell is (or is to be) full; and
(c) be made available to the Authority on request.
PER_CS23.01You must implement a rehabilitation plan for the containment system. The plan must:
a) be revised as required after each area or cell is full;
b) set timeframes for the final capping of all completed areas or cells, calculated from the date that the area is (or is to be) completed or cell is (or is to be) full;
c) set timeframes for the progressive capture and treatment of leachate from each completed cell; and
(d) be made available to the Authority on request.
PER_CS24You must place intermediate cover on all cells within one month of the date that the cell becomes full. The intermediate cover must be comprised of:
a) a minimum of 500 mm of compacted clay; or
b) compacted clay rich soil; or
c) alternative cover approved by the Authority in writing.
PER_CS25In circumstances where the deposit of tunnel boring machine spoil in a cell is likely to cease for a period of three months or more, you must place intermediate cover on the cell within one month of the date that waste was last placed in the cell. The intermediate cover must be comprised of:
a) a minimum of 500 mm of compacted clay; or
b) compacted clay rich soil; or
c) alternative cover approved by the Authority in writing.
PER_CS26Prior to commencing construction of each new section of containment system cap you must submit the following to the Authority for approval:
a) detailed designs of the containment system cap, meaning plans, technical specifications and a construction quality assurance plan which comply with Section 8 and Appendices D, E and F of the Best Practice Environmental Management, Siting, Design, Operation and Rehabilitation of Landfills (EPA Publication 788, as amended time to time);
b) an assessment report of the detailed designs of the cap prepared by a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 in accordance with Appendix 14 of the Landfill Licensing Guidelines (EPA Publication 1323, as amended time to time); and
c) a completed and signed auditor declaration in the format shown in Appendix 15 of the Landfill Licensing Guidelines (EPA Publication 1323 , as amended time to time).
PER_CS27Upon approval by the Authority to construct each new containment system cap you must engage a person who has been appointed as an environmental auditor under the Environment Protection Act 2017 to conduct and submit an environmental audit report to the Authority. The environmental audit report must:
a) verify that the construction of the cap is in accordance with EPA approved designs;
b) assess any potential risks associated with the construction; and
c) be prepared in accordance with Section 212 of the Environment Protection Act 2017.
PER_CS28You must complete final capping of [placeholder1 within [placeholder2] of the date that the containment system area or cell became full, in compliance with the approved rehabilitation plan.
PER_CS29You must provide the Authority with at least 40 days' notice of your intention to cease accepting waste at the activity site.
PER_CS30You must ensure that a member of staff is present at the activity site to oversee the acceptance of waste.
PER_WM01.02The containment system must only be used to contain waste that is tunnel boring machine spoil.
PER_WM01.03You must ensure that:
a) Only tunnel boring machine spoil is accepted at the activity site, except where waste is received in accordance with a permission, determination or designation issued by the Authority under the Environment Protection Act 2017 or regulations made pursuant to that Act; and
b) if any waste is received at the activity site that is not in accordance with a) (above), that this waste is placed in a designated and clearly sign-posted temporary storage area and is transported to a site which is authorised to receive this waste within 21 days of the date it was received; and
c) tunnel boring machine spoil is received in the processing area; and
d) tunnel boring machine spoil that is in accordance with a) (above) is removed from the processing area within 21 days of the date it was received.
PER_WM02All plant and equipment must be maintained and operated in proper working condition, in accordance with the manufacturer’s specifications.
PER_WM04All unloading, loading, processing, storage and general handling of liquid wastes, reportable priority wastes, oils and chemicals must be conducted in a way which prevents leaks and spills from escaping to the environment.
PER_WM04.01All receipt, consolidation and dewatering of the tunnel boring machine spoil must be conducted on an engineered lined surface ("the processing area").
PER_WM04.02All received tunnel boring machine spoil must be directly deposited into the containment system depicted in the Appendix 2 activity site plan/s.
PER_WM05You must maintain an effective method of security which prevents unauthorised access.
PER_WM08You can store up to [placeholder1 at the activity site at any time

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