COODE ISLAND COMMUNITY

CONSULTATIVE COMMITTEE

 

Adopted Minutes

Thursday, 16 June, 2011

 

PRESENT

Ian Thomas
Community
Rep./Committee

Adam Beaumont
Environment
Protection Authority

Michael
Isaachsen
Community
Rep./Committee

Peter La Rose
Operations Manager,
Terminals Pty Ltd

Faye Simpson
Community
Rep./Committee

Susan
Chatterton
Minute Taker

Theo Pykoulas
City of Maribyrnong

Robin
Saunders
:
Chairperson

 

 

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

Robin
        Welcomed Adam to the meeting.

                    Apologies: Carlo
Fasolino, George Horman, Kerry Murphy. , Deborah Macfarlane, Bro Sheffield

                    Suggested
we begin the meeting with Item 4 on the Agenda, Adam’s presentation on the
Compliance and Enforcement Review Recommendations.

                    Agreed

                    Draft
Agenda confirmed. (see below for Item 4)

ITEM 2.       CONFIRM
DRAFT MINUTES FOR THE MEETING ON 17 MARCH 2011 AND REVIEW ACTION ITEM LIST

Draft
Minutes – Adopted.

Action Item 03/2011-1        (Copy
of new EPA licence)  Done

Action Item 03/2011-2   (Paul Heywood presentation on seal
breakdown of tank 318) Deferred to next meeting

Action Item 03/2011-3   Analyser installed – report
from Yokogawa tabled.

Action Item 03/2011-4   (Invite EPA rep re Compliance
& Enforcement presentation) Done

Action Item 03/2011-5   (Electronic copy of 2010/1011
Annual Report to EPA) due July

Action Item 03/2011-6   (Request to Geoff Millard
for  January to June 2010 to be covered in 2010/2011) Annual Report) Done

Action Item 03/2011-7   (Regulatory sign off of IAR by
EPA) EPA has advised that they no longer endorse EIPs, and so this action is no
longer relevant. Item Done.

Action Item 03/2011-8    (Statutory rule that require
tank testing every ten years)  Done 16.6.11 – provided pages from
Maintenance Manual, which tabulate the monthly, 3 monthly, 6 monthly. Annual, 5
yearly and maximum 10 yearly tank inspections required.

Action Item 03/2011-9   (review of remuneration for
members) Deferred to next meeting

Action  Item

Robin to scan the 2 pages from Terminals Maintenance Manual providing
information regarding 10 year tank testing and email to the Committee Members.

                     

ITEM 3.       REPORTS
FROM AGENCIES AND TERMINALS

TERMINALS PTY LTD

Peter
outlined the Operations Report, drawing attention to several matters. These
were:

  • the six monthly quality audit had
    been done,
  • there were no injuries during the
    report period, and
  • there were only two severity 1
    incidents (least severe), relating to problems with the Nitrogen
    generator, which were rectified.

 

EPA

Adam         Handed
out the June 2011 Activity Report . The report is attached to the minutes.

 

ITEM 4.       EPA
TO PRESENT ON THE COMPLIANCE AND ENFORCEMENT REVIEW RECOMMENDATIONS

Adam         Thanked the
committee for the opportunity to attend the meeting. He tabled copies of the
document “Compliance and Enforcement Review – Overview of key themes and
recommendations for ERA Victoria”.

                    After
external reviews by both the Ombudsman and Auditor General found EPA regulatory
approach inadequate, the EPA engaged Stan Kropane, formerly the Director of
Legal Services and Investigations at WorkSafe Victoria, to conduct an
independent review. The Review involved assessing how EPA educates and supports
duty-holders to comply with the law, and how it enforces those that do not.

                    Review
began in April 2010 and finished December 2010. Thirty information sessions were
conducted across the state. Stan found EPA to be a confused regulator, He produced
a report with 119 recommendations. The report was issued in December 2010.

                    The
Compliance and Enforcement Policy is to be released at the end of June
2011.  All information will be available on the EPA website.

                    Topics
expertly covered by Adam were:-

·     
Summary of key findings and recommendations

·     
EPA’s response to the report

·     
Transforming EPA into a modern regulator

·     
Social duty of care and moving beyond licensed
sites

·     
A risk based and responsive regulatory model,
the importance of language and a better approach to targeted enforcement, and
consequences.

·     
EPA’s approach to regulation

·     
Compliance and Enforcement Policy.

Adam gave an excellent presentation, very knowledgeable and
informative.  Many questions were offered from the committee members to
whom he gave precise, informed answers over two and half hours.

In response to questions, Adam advised as follows:

  • Adam visited USA and UK to investigate
    how other authorities handled Compliance and Enforcement (C&E).
    The general experience was that C&E typically swung between a light
    touch (where there was little prosecution and consequently little pressure
    on recalcitrant facilities to lift their game) and a heavy touch (where no
    flexibility was apparent, and considerable resources required for
    compliance). In USA, OSHA had used the heavy approach, and the resultant
    government response was to cut its budget until it got to a very small
    size, and was virtually ineffective).
  • EPA’s C&E policy is not
    sent to the Minister for approval, as EPA is an independent statutory
    authority. Regulations got to the Minister and Parliament before they
    become law. In the case of SEPPs, while these are called ‘Policies’, they
    are in fact regulations. The administration of policies cannot be
    challenged at VCAT, but the administration of regulations can be taken to
    VCAT or to court.
  • Out of EPA’s 400 staff, about
    100 are Environment Protection Officers.

Robin         Thanked Adam
for his excellent presentation.

ACTION ITEM          Adam to
email Robin his presentation document on C&E for distribution.

ACTION ITEM          Carlo
to advise the committee, in relation to the present facility monitoring program,
and the new requirement under the amended licence for the monitoring program to
be risk-based, what the program for this work is, and when it will be
undertaken.

 

ITEM 5.       PAUL
HAYWARD PRESENTATION ON SEAL BREAKDOWN ON TANK 318

Peter          Due to
Paul being in Adelaide and Sydney during the week Paul will defer presentation
to next meeting.

ITEM 6.       OTHER
BUSINESS

Robin advised that Safe Work Australia has sent a ‘pro forma’
acknowledgement of our submission on the Commonwealth Model H & S
Regulations.

In line with earlier advice from WorkSafe, a significant round of
public meetings will be undertaken in October to provide more information about
the implementation of national Work Health and Safety laws, and that individual
briefings to the CICCC would depend on the availability of limited staff resources..
Marcia Barker confirmed that it would not be feasible for WorkSafe to provide a
speaker to brief the CICCC September meeting unless there was an audience of at
least 20 people, due to resourcing limitations.

Robin further advised that it may be possible to get further people
to attend a CICCC meeting, such as the Marstel committee.

While there was some support for inviting the Marstel Committee
members, or other groups, to such a meeting, Peter stated that Terminals would
not attend such a joint meeting.

In view of the difficulty of getting community numbers up to the 20
persons nominated by WorkSafe, and the desire of Terminals not to attend any
joint meeting, Robin recommended that we seek the dates of the public meetings,
and CICCC members could attend those public sessions if they wished. The
meeting agreed with that outcome.

 

Robin said that he had advice from Geoff Cooke about senior
appointments at WorkCover. Ian Forsyth, who reports to WorkSafe’s CEO (Greg
Tweedly), has taken over John Merritts’ responsibilities and Lisa Sturzenegger,
who reports to Ian, has been appointed to a new role as General Manager
Operations, Health and Safety. The Directors of the Health and Safety Industry
Programs now report to Lisa.

Robin suggested that Lisa be invited to address a future meeting.

 

NEXT SCHEDULED MEETINGS: 

Meetings are scheduled for 8 September and 8
December.

 

MEETING CLOSED 10:30  PM

 

Attachment: EPA
Activity Report
June
2011 

 

CLIENT – terminals
– coode island

 

EPA Key Contact:   EPA Customer
service Team 03 9695 2777

 

sTATUTORY ACTIVITIES

 

pOLLUTION iNCIDENTS AND rEPORTS

Community
Reports to EPA Pollution Watch for Terminals Coode Island

§ July 2010 – June 2011 = 0 community reports

ACTION ITEMS FOR EPA

“That the EPA regulatory signoff be advised for the
completed items in the March 2011 update of the EIP.”

EIPs are no longer statutory activities (the EIP
includes environmental aspirations beyond the company’s statutory
responsibilities and therefore do not need to be monitored by EPA). 
Terminals 2010 Annual Performance Statement complied with EPA’s
standards.  Terminals are due for a thorough site assessment by an EPA
officer in coming months.  EPA will feedback outcomes of this assessment
to the CLC.

OTHER LOCAL AND EPA NEWS

Statutory Policy Review

Statutory
policies – State Environment Protection Policies (SEPPs) and Waste Management
Policies (WMPs) – created under the EP Act set in law the standards for clean
air, water, land, noise pollution and waste management. EPA and DSE seek
opportunity to make statutory policies more responsive to emerging
challenges, clearer and more accessible to the community and businesses. EPA
and DSE have released a discussion paper that examines the statutory policy
framework and presents possible models for reform.  The review is not
reviewing or amending individual policies at this stage – this will happen
later. 

Comments are sought until 19 August
2011
and
workshops will
held with stakeholders in July. If you would like to take part in a workshop,
please email statpolicy@epa.vic.gov.au.

 

Draft Clean Fill Guidelines

 

EPA Victoria has released a
Draft Clean Fill Guideline for public comment. The draft guideline can be
accessed from the EPA website by clicking on the highlighted text and scrolling down to section 6.2
Soil
.

Before finalising the guideline, EPA is seeking
feedback from interested parties. Submissions will be accepted until COB on
June 17th 2011 via this email address – community.engagement@epa.vic.gov.au

HRL’s dual gas demonstration project in the Latrobe
Valley

EPA
granted a works approval permitting HRL to construct a 300MW plant,
consisting of a single gasifier and turbine, to generate electricity through
new technology. HRL’s application had proposed a 600MW plant with two
gasifiers and turbines. EPA has not approved the second gasifier and turbine
as it did not meet best practice.

The
part approval is conditional on HRL Dual Gas Pty Ltd submitting details on
how it will meet all conditions prior to construction, including additional
measures to reduce sulfur dioxide emissions.

 

The second part of HRL’s
proposal will be reviewed when they can successfully demonstrate the
operation of the first phase of the project.

Notice blitz

During
June 2011, EPA compliance staff will be undertaking a compliance blitz of
licence sites in the metropolitan area, with a focus on sites in the SE
Melbourne suburbs that treat prescribed industrial waste, landfills and
sewage treatment works.