COODE
ISLAND COMMUNITY

CONSULTATIVE
COMMITTEE

 

Adopted
Minutes

Thursday,
10th December, 2009

 

 

PRESENT

 

Robin Saunders:

CICCC / Chairperson

Kerry Murphy

Environment Protection
Authority

Faye Simpson
Community Rep./Committee Member

Theo Pykoulas

City of Maribyrnong

Ian Thomas:

Community Rep./Committee

Carlo Fasolino

State Manager, Victoria,
Terminals Pty Ltd

Deborah MacFarlane

Community Rep./Committee Member

Col Brighton

Acting Operations Manager

Susan Chatterton

Minute Taker

 

 

 

 

 

ITEM 1. WELCOME BY THE CHAIR,
APOLOGIES & CONFIRMATION OF DRAFT AGENDA

 

Robin Welcome
to Kerry and Col. Peter La Rose is Acting State Manager, NSW and is looking
after the Terminals site there.

Apologies: George
Horman, and Bro Sheffield-Brotherton.

 

Confirmation
of draft agenda – adopted

 

 

ITEM 2. CONFIRM DRAFT MINUTES FOR
THE MEETING 10 September 2009 AND REVIEW ACTION ITEM LIST

 

Robin Draft
Minutes of the 10th September, 2009 adopted without change.

 

Action Items

 

 

09/07-2 Ethyl
acrylate spill at DP World.

 

Kerry DP
World has been convicted on the charge of causing air pollution

 

That
incident happened on the 16t & 17 September 2007, and DP World
was prosecuted on 16 April, 2009. DP World was convicted in the Melbourne
Magistrates Court and was ordered to pay $160,000 which will fund two local
community environmental projects.

 

06/08-1 PoMC to send results of ground water
pollution monitoring 2006 – 2008

 

Robin I
feel we are unlikely to hear any thing more on the item so therefore it should
just be deleted from the Action Summary Sheet.

 

06/09-2    Copy of Severity Rating guidelines were emailed to Robin and have
since been circulated, further copies were circulated at the meeting.

 

09/09-1            Letter of congratulation on behalf of
Committee to Cheryl’s appointment. Letter             has
been sent 16/9/09, and acknowledged – Action completed.

 

09/09-2    Copy of EPA licence once it has been approved to be uploaded onto the
CICCC website
. We will get to that later as Carlo has given me a hard copy
and will in the next few days he will scan and I will circulate and put on
website.

 

09/09-3            Emergency Exercise 30/09/09 information to
be circulated to members.

 

Carlo    A
summary document was circulated on 22/09/09 prior to the exercise. The summary
was of what was proposed of events to take place on the day. A presentation of
outcomes will be given later in the meeting.

 

09/09-4    Quentin is to let Robin
know who heads the unit of the licence reform process. Letter to be written to
EPA to ask that the committee be involved in consultation on the licence reform
process.

 

Robin            I
have not done any follow up for that to date.

 

Kerry    I
have brought along tonight a copy of the new EPA structure and futures plan.
Also brought along the corporate Business Plan outlining the future directions
of the EPA and I thought that maybe we could go through some of that with you.

 

Robin            Who
is the person who heads the licence reform process?

 

Kerry    The
licence reform is under a section called “Service Knowledge” and at the moment Melanie
Fisher is heading the unit but Jason Borg he is the proper manager but he has
just stepped into a maternity leave position. Jason should step back into the
role in about February.

 

Robin    I
will be putting the question to Melanie Fisher “how does the CICCC become
involved in the consultation process on the whole business of licence reform”?

 

Kerry    I
could take that action if you like and ask Melanie and Jason to come to the
next meeting.

 

Robin            Yes
that would be very good, and also we

 

After some
discussion the next meeting postponed to 18th March, 2010 –
adopted.

 

ACTION:    Kerry to advise
Melanie Fisher of CICCC interest in licence reform and desire to have input.
Invite Melanie/Jason to next meeting 18.3.2010.

 

09/09-5            Combustor
Low fire at Night, and Preheating Liquid injection to the Combustor.

 

Carlo    I
wrote a letter off end of September to Quentin at the EPA and I have received a
response saying the EPA are happy with the process.

 

Robin            Can
this letter be circulated?

 

Carlo    I
do not like to circulate correspondence between Terminals and regulatory
authorities.

 

Robin    That
is fine from Terminals perspective but what it is doing is giving the community
less information. We have been following this matter in the previous meetings
and ensuring that the greenhouse gas emission are not increased and it is a
matter that has been discussed between the EPA and Terminals

 

Carlo            I
have never done that in the past so did not want to set a precedent.

 

Robin    You’re
concerned that information you send to the regulators, which the regulator
might wish to respond to with further variations, may not be the final outcome?
You feel such letters being sent to me and me sending it to the members might
make the whole process a little messy and confusing?

 

Carlo            Yes

 

Robin    I
can accept that. If you wish for me not disseminate something widely,
something that is still in negotiation, I will be more than happy to agree and
would understand that you would have good grounds for your view.

 

Robin    This
document that you have given me is Terminals letter to EPA before they agreed
and that they have subsequently sent to you that this is fine.

 

Carlo            Yes

 

Robin    On
this basis to proceed there is no need for a Works Approval or variation to the
licence so the matter is now resolved so what I would like to do is circulate
this.

 

Action    Robin to scan and
distribute the letter to Marc Cassanet at the EPA as at 21/09/09.

 

Ian             Could
we seek the EPA view on this matter?

 

Kerry    In
the update are the results of that letter. So I don’t think that Quentin will
have a problem with that letter being distributed. The EPA letter to Terminals
states that a Works Approval will not be required due to no alteration in waste
emitted as a result of the changes.

 

Robin    Are
you going to table that letter later and we will append to the minutes. That
will do for that action. The EPA report summarizes the EPA response.

 

 

ITEM 3. EPA REPRESENTATION AT
MEETING (KERRY MURPHY)

 

Kerry Thank
you very much for having me here tonight.

 

With
the restructure Quentin has now moved into a different type of job. Quentin
advised that both the CICCC and TGCCC require highly technical information and
they like to talk about technical information and he didn’t feel that the
knowledge resided in one particular person within the organization. So we felt
that the best approach would be for the committee to let the EPA know what type
of information they wish to discuss and then we would arrange for the right
person to be in attendance.

 

In
the meantime if Robin could contact me if there is anything you want
information on or want to discuss and we would also encourage Terminals to talk
to us about things that they are interested in as well.

 

Robin What
the EPA is offering is that the committee will go to other people within the
EPA directly and not through Kerry and will copy Kerry so she aware of what is
going on. We are not constrained to go through Kerry. We retain the right to
directly go to anyone within the EPA.

 

Deborah I
actually think it a pity that the EPA have decided not to provide a
representative to attend these meetings. Quentin often had interesting and
insightful comments to make.

 

Robin Quentin
always displayed a sense of openness and that engendered in us a sense of trust.

 

Kerry What
I have made is a commitment to Robin to attend the community meetings for the
next 6 months. I will then get a good feel for what topics you discuss. I
will just say that I went to the EPA Executive Team Meeting last week and I put
forward that the EPA attend the meetings. The Executive Team whole- heartedly
agreed.

 

Robin I
was very heartened to hear that. You put forward a report on consultation and
the executive view was to continue to support these committees.

 

Faye To
me the value of having an EPA member attend the meetings is that sometimes we
don’t know what it was we wanted. Quentin would pull points together and re
frame the picture for us within the context of legislation. I thought that was
really valuable.

 

Ian We
have seen this before with a number of organizations where the attendance
wanes. It would be preferable to send someone that is prepared to communicate
and who is senior enough to be able to do it purposefully. I would like to see
the facility for us to ask EPA send someone specific to advise on specific
topics. Is that viable?

 

Kerry We
will aim to do that. Marc has a lot of community meetings to go to (there are
58 Community Liaison Committies operating in the State) and doesn’t feel like
he is necessarily in a position to answer all the questions put forward. I have
to keep working with my management team to help them understand whose job this
should be to attend these meetings as it should be somebody’s job as I feel this
is important.

 

Carlo Marc
has a different focus to Quentin.

 

Kerry What
the organisation has observed is that Marc’s job is being to make sure
Terminals is complying to such things as saving water, reducing energy use,
reducing climate change etc.

 

Kerry
then discussed the Organization Chart.

 

ACTION Kerry to send Robin a copy
of the structure electronically.

 

Ian Could
you tell us who the “Authority” is?

 

Kerry There
is a meeting called Authorities chaired by the Chairman where statutory matters
get approved there.

 

I
will just make a note to clarify for you for the next meeting.

 

ACTION Kerry to clarify what is
meant by “the Authority”

 

 

Robin I
would like to go back to the notes that confirms our discussion on 27/11/09 and
the points that our committees are interested in hearing as follows:-

·      Particular proposals for which
Terminals are seeking approval

·      Matters to be progressed as part
of an EIP

·      EPA inspections and audits of the
site

·      Incidents at the site

·      Statutory approval processes, and
changes to these processes

·      EPA and government policy changes
which are under review of promulgated

·      Matters of general interest being
handled by EPA in the Region and in the State.

 

One
cannot look at that list without coming to the conclusion that it would be very
difficult to provide that service if there was not an EPA representative at the
meetings. How I would like to draw those threads together is to have a note in
the minutes that the position is that you will be here for the next two
meetings and that you will be facilitating to have a representative from the
EPA attend the meetings.

 

Both
committees have written to Cheryl congratulating her on her appointment. I
have written to Cheryl inviting her to the next meeting and she has agreed to
attend the TGCCC. There was a specific need to seek her attendance at that
meeting. Inviting her to attend the CICCC is something we can follow up as a
matter of course after her attendance at the TGCCC later in 2010.

 

Ian Sounds
good thank you

 

Kerry I
have brought copies of the amended licence.

 

Kerry gave out copies of the
Activity Report for September – December 2009 which she quickly put
together and would like the committees feedback.

 

Kerry For
some groups who do not want EPA representation then the activity report would
be a way of getting the EPA there.

 

Robin Looks
like an excellent example. If you could provide the report some time before each
meeting that would be just superb. I would see the report as being valuable as
a back stop should the EPA representative not be available. Desirably there
would still be an EPA representative at the meetings.

 

Kerry Agreed.
Kerry also advised the Committee that the position of Deputy Chairman is being
advertised currently, and an appointment is anticipated by the end of December.
The Deputy Chairman will also be the CEO.

 

Robin I
have had a number of interactions with Kerry over the month. EPA have done a
lot of good work and congratulations to Kerry on being able to steer the
organization in that direction and for arriving at this point. I would
encourage you to facilitate an EPA representative to attend the meetings. Thank
you for your very positive response to all of our inputs and look forward to
moving forward in a happy shared basis.

 

 

ITEM 4. EPA ACCREDITED LICENCE
REVIEW – DECISION

 

 

Robin The
EPA licence review we have dealt with this now, we now have copies of the
refreshed licence and a few copies have been circulated here tonight.

 

 

ITEM 5. REPORTS FROM AGENCIES

 

EPA

 

Robin We
have had a written report from the EPA, and Kerry has taken us through the
items listed. A copy of the report forms Attachment 1 to the minutes.

 

CITY OF MARYIBYRNONG

 

Theo No
new planning contentious issues on the books. There is a meeting to be held
next Monday 14th December, 2009 to discuss the application
concerning Lot B, 200 Stephen Street increasing the proximity of residents near
Mobil. The reality is another example poor planning controls in place. I did
forward to Robin the announcement by the Planning Minister to set up a
reference group to look at all port planning issues not just Melbourne but
Geelong, Portland and Hastings to try and manufacture a better outcome.

 

We are
due to have a report back June next year. There will be a discussion paper and
there is an opportunity for this group to get involved at some stage if they
wish.

 

Robin An Advisory
committee has been set up.

 

It may be appropriate to wait for
the Advisory Committee to circulate its discussion paper

 

Action Robin to advise the Advisory Committee
of the interest of the CICCC in having a copy of its discussion paper with a
view to making a submission and being advised of the timelines.

 

Theo I
have provided Project Update 7 on the Emergency Alert System.

 

The
trial happened 27th November, 2009 so basically in effect we have an
Emergency Alert System now. I will be following up with the Office of the
Emergency Services for the protocol to put to use with our local systems and
put in place.

 

Faye Were
there any talks about getting certain groups in certain areas together.

 

Theo Yes
there are obviously hot spots but this is strictly dependent on where the
incident might be no matter what it is and working out what particular area to
broadcast it. The technology will allow you to draw down to one house if you
need to. At the moment it is relying on registered phone lines to a specific
address, a mobile registered to a particular address will receive notification.
So if there is a threat in your area and your phones are registered to your
address you will be notified. That is the first phase, in the next phase they
are looking at picking up mobile phones within a particular grid. So at the
moment it is limited.

 

Robin On
behalf of the committee Theo I would like to thank you for a great years work.

 

 

TERMINALS REPORT

 

Col    Presented
Terminals report

·     
Site visits

·     
Audits

·     
Planning
Application

 

Carlo    We
have put a Planning Application in to increase the height of Tanks 1 & 2
increasing them by 15 meters.

 

Carlo then explained to the committee how bands are put at the bottom of
the tanks increasing the height from the bottom and not from the top therefore
making the tanks stronger.

 

Faye    Is
the bund capable of holding the extra product?

 

Carlo    Yes
1,600 cubic meter tank, the bund is capable of holding 1,700 cubic meters. We
are also upgrading the fire system.

 

Robin    Planning
administration for the port here in Melbourne has been taken over by the Minister
for Planning for some years now. It is not normal in this case for the
minister to seek public comment like the council would do. It has been a
practice as I understand it for applications of this sort not to be advertised.
What you are detailing here tonight is probably more relevant that would be
put in the planning application.

 

Ian    Has
a Risk Assessment been conducted?

 

Carlo    We
have upgraded the Fire Study and consultants have conducted the Risk
Assessment. We already have tanks bigger than that with flammables so there
will be no impact on the Safety Case.

 

Deborah    Wouldn’t
storing more flammable liquid impact on the Safety Case?

 

Robin    I
think that your answer in part was that you have tanks of a larger size of
flammables already on site. The Safety Case is about looking at for instance
whether it be one tank or another so the Safety Case could have already allowed
for a tank bigger than that of flammables, that is the reason why Carlo is saying
he doesn’t think the review will show anything up.

 

Col    No
major issues with any audits.

 

                    We
have embarked on a project to harvest rain water in two 10,000 litre tanks
which will be connected to the laundry and toilets.

 

                    Solar
panels are to be installed on gantry to heat the water

 

                    Incidents
– only discussed high severity items of 2 and 3

 

1.   
Operator made
decision to over ride the scully using the scully tester. Truck overflowed
spilling approx 300 lts.

2.   
Truck driver
hurt his hand while tying down bulki box load

3.   
Product spilt
from vapour recovery hose while operator was trying to get green light on truck
overfill system (scully) 10 lts spilt.

 

There was some discussion on the seriousness
of Items 1 and 3 above. The Operations Report notes the follow up action
including counseling operator, further toolbox training for all operators, and
changed procedures.

 

Robin            Thanked
Col

 

EMERGENCY EXERCISE
(Operation Island)

 

Col             Went
through Emergency Exercise outcome.

 

The primary focus was to test
Terminals Emergency Plan and Emergency Management Team, which is an MHF
requirement.

 

Carlo            We
simulated a bund fire in the middle of the tank farm in Plant B

 

Col    It
was a deliberate decision to choose that particular tank as it is difficult to
get to.

 

Ian    Referenced
Buncefield UK Hartfordshire Oil Storage facility as an example of where a vapour
cloud formed and exploded.

 

Robin    We
need to take up with WorkSafe whether the Bunsfield scenario is relevant to
Terminals’ Safety Case.

 

ACTION    Carlo to liaise
with WorkSafe and enquire if the Bunsfield vapour cloud explosion scenario
needs to be included in future reviews of the Safety case.

Carlo    Tabled
a copy of a report of outcomes and recommendations of the Emergency Exercise.
(An electronic version of the report was emailed to Robin on 14/12/09, and
forwarded to members).

ACTION    Robin to write to
PoMC expressing concern that community members were turned away from Operation
Island.

 

 

ITEM 6. COMBUSTOR LOW FIRE AT
NIGHT and

 

ITEM 7            PRE
HEATING LIQUID INJECTION TO COMBUSTORS

 

See earlier discussion on pages 2 and 3, and
EPA’s Report (Attachment 1).

 

 

ITEM 8. OTHER BUSINESS

 

NEXT SCHEDULED MEETINGS:

 

Proposed
meetings for 2010 – 18 March,
13 May, 19 August, 18 November, 2010

 

MEETING CLOSED 8:30 PM