Page 4027 - Week 10 - Tuesday, 20 September 2011

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and renders safe the PCB while not destroying the de-chlorinated oil which is then able to be reused in the electrical network.

Before the authorisation was issued, the EPA undertook background checks on ESI. The company was incorporated in the ACT in March 2002 with the purchase of the Oil Services Section of Energy Services International.

A copy of the authorisation is available on the Environment and Sustainable Development website. The authorisation indicates that the facility is located in Winchcombe Court, Mitchell. As already noted, the facility has moved to Dacre Street. The authorisation relates to the chemical storage and processing and the conditions in the factory. EPA staff have based their decisions, including their reviews, on inspections of the current premises.

The EPA undertakes annual reviews of this authorisation. The most recent review, conducted in accordance with the requirements of section 57(1) of the Environment Protection Act, covered the period 4 April 2010 to 3 April 2011. It was completed in May 2011. This review which was conducted determined that ESI was operating in accordance with the requirements of their authorisation. The EPA did request ESI to update its hazop plan, the water management plan and the waste management plan. The EPA has been working with ESI to assist them in meeting this request.

Consistent with the conditions of the environmental authorisation, the facility is operated in accordance with the Australian and New Zealand Environment and Conservation Council polychlorinated biphenyl management plan. All PCB waste coming into the ACT must be transported in accordance with the national environment protection measure for the movement of wastes between states and territories. The EPA has dealt with ESI around potential breaches of its authorisation on three occasions.

Firstly, the ACT Fire Brigade responded to a fire on 12 February 2005 at the previous Winchcombe Court site. The fire was limited to a transformer which was connected to equipment that reclaimed residual oil from the transformer. Following an initial review by the EPA, an infringement notice under the Environment Protection Act was issued. Secondly, an environmental infringement notice was issued to ESI on 11 July 2005 for the minor offence of waste within 10 metres of a drain or entry to the storm water system. Thirdly, a warning letter was issued to ESI in January 2011 for transporting and accepting a controlled waste for disposal/storage at the facility without a valid consignment authorisation. This was due to an administrative oversight by the waste producer; that is, not by ESI. A warning letter was also sent to the waste producer.

The other relevant regulatory framework is the Dangerous Substances Act and the Dangerous Substances (General) Regulations 2004 which contain specific requirements for certain premises, plant or systems to be registered or notified but not licensed under the regulation. The person in control of the premises must notify the chief executive, or now the director-general, if they “handle” a “placard quantity” of any dangerous substance. A placard quantity of a dangerous substance can be as little as 50 litres or kilograms or as great as 5,000 litres or kilograms, depending on the type of substance.


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