Page 2202 - Week 07 - Thursday, 7 August 2014
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Assessment at the Koppers site was undertaken from 2005 to 2007 by Koppers expert environmental consultants, ERM. The soil, following remedial works at the site, was found suitable for the proposed and permitted land uses under the lease issued for the site. These findings were supported by the independent EPA-approved auditor and detailed in the site audit report provided to the EPA in 2007.
Isolated or perched groundwater contamination was found only in the vicinity of the demolished plant. The plant itself was located in the upper centre of the site, some distance from the site boundary. The detailed groundwater assessment utilising the 33 wells in place indicated that this perched groundwater was not connected to the underlying deeper groundwater aquifer. The distance between the isolated plume extent and the down gradient property boundary is approximately 150 metres.
Based on these investigations by the suitably qualified environmental consultant, a high degree of scientific confidence was provided that off-site migration of polluted water was not an issue. This high degree of scientific confidence was achieved by the combination of the nature of the perched aquifer and subterranean soils, the near zero rate of water movement in the perched zone and other natural processes such as oxidisation and adsorption. This, combined with the lack of known or anticipated users of groundwater from the perched zone, precluded its consideration as a potential harmful exposure pathway.
Whilst acknowledging the lack of progress in remediating the remaining contamination of isolated groundwater at the site, it was on the basis of this higher degree of scientific evidence, confirmed by the independent auditor, that the EPA did not intervene while a court case was in progress about which of the property owners, past or present, was responsible for remediation on the site, because there was no foreseeable or likely risk to human health or the environment, based on the available information.
The sale of the site, specifically the responsibility for the remediation of the remaining groundwater contamination from the Koppers operations, was subject to Supreme Court proceedings from 2007 to late 2013. In 2013, the Supreme Court found in favour of Koppers, confirming that Canberra Hire, the new owner, is now responsible for the remaining remediation of the site.
Koppers and Canberra Hire have both confirmed this in writing to the EPA and Canberra Hire has approached the original consultants, ERM, to undertake further works. Those works will continue to be audited by an EPA-approved independent auditor. The EPA will work closely with the owners and independent auditor to ensure that the remaining groundwater contamination is actively managed and cleaned up to the required standards.
With the improvements to the act now under consideration, I believe the government has the appropriate regulatory framework and policies in place to address both the management of existing activities and the remediation of these legacy sites. The government has been proactive in implementing and reviewing its policies and its legislative framework to ensure that our laws remain contemporary and cognisant of community expectations.
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