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Environmental Emergencies

James Goodwin

Simon Matthews

NSW Environment Protection Authority

Contents

01

About the EPA

02

The EPA and Incidents and Emergencies

03

Emergency Pollution Clean Up Program (EPCUP)

04

Case studies

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www.epa.nsw.gov.au

About the EPA

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Who is the NSW EPA?

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Legislation administered by the EPA

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•Contaminated Land Management Act 1997

•Dangerous Goods (Road and Rail Transport) Act 2008

•Environmentally Hazardous Chemicals Act 1985

•Forestry Act 2012 (Parts 5A and 5B)

•National Environment Protection Council (New South

Wales) Act 1995

•Ozone Protection Act 1989

•Pesticides Act 1999

•Protection of the Environment Administration Act 1991

•Protection of the Environment Operations Act 1997

•Radiation Control Act 1990

•Recreation Vehicles Act 1983

•Waste Avoidance and Resource Recovery Act 2001

Appropriate Regulatory Authority (ARA)

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•Section 6 of Protection of the Environment Operations

Act (POEO) Act declares EPA as ARA for:

° licensed premises

° public authorities

•Clause 85-93 of POEO (General) Regulation defines

other ARA matters:

° Inner West light rail

° Certain vessels in navigable waters

•Local Government as ARA

www.epa.nsw.gov.au

The EPA and Incidents and Emergencies

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EPA Roles in Emergency Management

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•Prevention:

° Education and regulation – inspections; licensing

•Preparedness:

° Planning (EMPLAN/Enviroplan/CBRN Hazmat)

° Training

EPA Roles in Emergency Management

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•Response

° Provide technical

advice/expertise to combat

agencies

° Assist in coordination of waste

management during incidents

° Investigate causes and take

regulatory action

•Recovery

° Facilitate recovery of the

environment (clean-up)

° Aid community recovery

Incidents versus Emergencies

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Pollution Incident Definition

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It includes an incident or set of

circumstances in which a substance

has been placed or disposed of on

premises …

EPA Incidents

Pollution

Incidents

“pollution incident means an incident

or set of circumstances during or as a

consequence of which there is or is

likely to be a leak, spill or other escape

or deposit of a substance, as a result of

which pollution has occurred, is

occurring or is likely to occur.

(as defined in Protection of the Environment

Operations Act)

… but it does not include an incident or

set of circumstances involving only the

emission of any noise

Material harm (POEO Act s.147)

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•Harm to the environment is material if:

° It involves actual or potential harm to the health or

safety of human beings or to ecosystems that is not

trivial, or

° It results in actual or potential loss or property damage

of an amount, or amounts in aggregate, exceeding

$10,000 (or such other amount as is prescribed by the

regulations)

Notification of material harm to environment

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•Immediate threat to human health or property (including

environment) beyond capacity of facility to manage –

Call 000.

•If emergency services not required, or once 000 call

made, notify all relevant authorities:

° Appropriate regulatory authority (ARA) for the activity

under POEO Act (usually EPA or local council)

° EPA

° Ministry of Health (via the local Public Health Unit)

° WorkCover Authority

° Local authority (if not the ARA)

° Fire + Rescue NSW

EPA Incident Response

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•Incidents generally managed by EPA regional staff:

° EPA’s “first responders”

° Staff the After Hours Incident Service

° Strong local relationships with agencies & council

° Good regional knowledge and contacts

° Participate in region-level emergency committees

° Clean-up and/or regulatory response

° Experience in incident

management

° Familiarity with scheduled

premises

EPA Incident Response

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•Incident & Emergency Coordination Unit (IECU)

° Maintains the Duty Incident Advice Coordinator

(DIAC) function - contact for emergency services

° Partners with EPA Regional Offices to coordinate

responses to incidents and emergencies

° Manages the Incident Management System

° Facilitates debriefs for significant incidents

° Represents EPA at NSW Emergency

Management Committees

• OEH Laboratories – emergency sampling

capability

Types of Incidents EPA responds to:

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Truck Fire – Hume Highway (Jan

2017)

Severe Weather – Kurnell (Dec

2015)

Sodium Metal Fire – Jemalong

(Sept 2015)Marine Oil Spill – Gore Bay (Dec

2016)

EPA Incident Statistics

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EPA Incident Stats – July 17 to June 2018

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Who leads the incident response?

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Source: Colong Foundation for Wilderness

Source: Lithgow Mercury

Source: Freenews.com.au

www.epa.nsw.gov.au

Emergency Pollution Clean Up Program

(EPCUP)

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EPCUP

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•EPA managed fund

•Amalgamation of three

funds (IDACUP,

Emergency Clean Up and

Large Scale Incident Fund)

•$4.2 million over 4 years

•Claims capped at $2million

EPCUP – Eligibility

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1. Proposed clean up is safe, environmentally sound and

cost effective

2. Likely to be delay because of difficulties establishing

responsible party, issues with payment for clean up by

responsible party

3. Significant risk to environment or public health

4. Measures to remove, disperse or mitigate pollution

needs to be taken immediately

EPCUP – Who can apply?

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Any organisation except:

•Person who caused pollution

•Person responsible for the material (eg transporter) or the

owner of the material

•The owner/occupier of the premises if directly involved in

the dumping/pollution

•The clean up contractor

EPCUP – What’s covered

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•Sampling

•Risk Assessments if

not cleaned up

•Waste removal and

disposal

EPCUP – What’s NOT covered

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•Salaries, capital equipment or infrastructure of public

authorities

•Clean up actions to:

satisfy only occupational health and safety issues

satisfy general day to day management of waste

manage noise, odour or aesthetic pollution

•GST

•Asbestos Clearance Certificates

EPCUP – Process and Contacts

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•Notify EPA of the incident

•131 555 – Environment Line 24/7

•3 weeks to organise quote/s and get EPA approval

•Undertake agreed clean up within 3 months of EPA

approval

•Questions: pollution.cleanup@epa.nsw.gov.au

www.epa.nsw.gov.au

Case Studies

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Hazelwood Mine Fire

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Source: abc.net.au

Source: abc.net.au

Hazelwood Mine Fire

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Emergency

Services

Health

Environmental

Chullora Industrial Fire

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4

Chullora Industrial Fire

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4

Eastlakes Fuel Tanker Rollover

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Eastlakes Fuel Tanker Rollover

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Georges River Fish Kill

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Georges River Fish Kill

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Georges River Sewage Overflow Incident

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Questions?

Discussion

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