Date of Offence
Between May 2010 and Aug 2010
Type of Offence
Breach condition 1.3 of licence, at Footscray on or about 9 and 11 May 2010 and 16 and 26 August 2010 contrary to s.27(2).
Pollute atmosphere and make noxious or poisonous or offensive to the sense of human beings, at Footscray on or about 9 and 11 May 2010 and 16 and 26 August 2010 contrary to s.41(1)(a).
Background of Offence
In May and August 2010, EPA received community reports about offensive odours in the Yarraville area which the EPA traced back to the premises of Cargill Processing Limited. EPA officers attended the premises in June 2010 and identified a number of potential sources of fugitive emissions. EPA officers were able to verify that the source of odour reported by the community was consistent with the nature of the odour emitted from the premises of Cargill Processing Limited. As part of the subsequent Enforceable Undertaking, Cargill Processing Limited undertook extensive capital works to improve the plant and process at the site.
Remedial Action Taken by EPA
Date of Court Hearing
21 Apr 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 Cargill took active responsibility for the offence and the sanction achieved a more effective and long term environmental outcome than prosecution.
Court Orders Made
On 21 April 2011, the Authority accepted Cargill Processing Limited (Cargill), proposal of an Enforceable Undertaking following odours offensive to the senses of human beings being discharged beyond the boundaries of the premises in breach of Condition 1.3 of the company’s EPA licence on 9 and 11 May 2010 and 16 and 26 August 2010.
Under the terms of the Enforceable Undertaking Cargill commits to:
- Improve the company’s environmental performance by addressing systemic issues through actions such as odour control systems, installing a wet scrubber (which removes pollutants), installing a new fan, undertaking quarterly audits and a range of other plant improvements.
- Assist environmental improvement in the broader industry through preparing and delivering a case study paper to the Clean Air Society of Australia and New Zealand on the process and works undertaken at the site. This case study will be available to other industries in the Brooklyn area.
- Deliver benefit for the local environment and community through a $50,000 contribution to a local environment project and undertaking other community based activities such as holding Open Days and providing regular community updates on the work being conducted to reduce odour.
Cargill must engage an EPA appointed auditor to examine the content of the Enforceable 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.
Cargill has estimated the cost of compliance with the Enforceable Undertaking to be approximately $600,000. Cargill will provide the Authority with a detailed costing of compliance expenditure upon completion of the Undertaking.
The terms of the Enforceable Undertaking must be completed, with audit verification, within 38 months of the Enforceable Undertaking being signed and accepted by EPA.
Page last updated on 19 Oct 2016