PASS, page-62

How much  PASS that has been dumped illegally around Victoria can be deemed "unresolved" as the EPA CEO Nial Finegan calls it?

Supreme Court backs EPA clean up notice on Sale land

14 Jun 2018

A Supreme Court ruling on contaminated land at an aged care facility in Gippsland has confirmed Environment Protection Authority Victoria’s (EPA) power to require the owners of property to take action on pollution that is on their land.
EPA CEO Nial Finegan said the ruling recognises that the owner is not always the polluter, but where the pollution is from an unknown source or has been there for decades or generations, it still needs to be resolved.
Ruling on Sale Elderly Citizens Village (SECV) v Environment Protection Authority Victoria, the Supreme Court decided that a Clean Up Notice issued to SECV under Section 62A(1)(a) of the Environment Protection Act was validly issued and it was a reasonable exercise of discretion available to the EPA under the Act.   The court also awarded costs of $15,000 in EPA’s favour.
The Clean Up Notice requires that SECV organise an expert assessment of the risk to the current users of the property from vinyl chloride vapour that may be arising out of pollution below ground.
“The decision upholds EPA’s many decisions to issue Clean Up Notices to landholders in cases where the pollution happened generations ago or from an unknown source, leaving us with no possibility of identifying the polluter and holding them responsible for any clean up that’s needed,” Mr Finegan said.
“It supports the common sense expectation that the owner is responsible for the land and that the community should not be left with the cost of the many cases involving legacy pollution from decades ago, or companies or individuals who have disappeared since the pollution occurred,” he said.
In the SECV case, the groundwater on the land of the aged care facility was found to be contaminated with vinyl chloride and the groundwater was judged to be part of the land and therefore part of the owner’s property.
Vinyl chloride is a petrochemical, and is used in the manufacture of the commonly used plastic, PVC (poly vinyl chloride).  It is also a breakdown product of certain industrial solvents and a common contaminant around landfills.  In large enough concentrations it can be toxic, flammable and carcinogenic.
EPA’s interim advice to the public is that there are no immediate concerns about vapour, and although long-term exposure to vinyl chloride at very high levels can pose a health risk, the immediate risk to the community from contamination is very low.
EPA will continue to work with the landowner, Southern Rural Water, Wellington Shire Council and the Department of Health and Human Services to identify and address contamination issues.
As a precaution, residents and business occupiers in the area should avoid any direct contact with groundwater, and contact Southern Rural Water if they need advice regarding groundwater and its consumption.
Members of the public can report any type of pollution to EPA on the 24 hour hotline, 1300 EPA VIC or 1300 372 842.