Problems with landfill gas at a former Clayton South tip have cost the City of Boroondara a fine of more than $8,000 for breaching the Environment Protection Act 1970.
Environment Protection Authority Victoria (EPA) Southern Metro Region Manager Marleen Mathias said the landfill is closed, but as the lead Council among the group that ran the landfill, Boroondara still has responsibilities to manage the site under the Environment Protection Act 1970
“When the landfill at Clayton South was closed, EPA issued the Council with a legally enforceable notice that set out rehabilitation and ongoing site management requirements and specified limits to the amount of landfill gas that can be discharged from the landfill,” Ms Mathias said.
Landfill gas is produced by decaying waste in the landfill. It is made up of methane, carbon dioxide and trace gases that create a strong smell that can affect neighbouring residential areas. In extreme cases, escaped landfill gas can cause a fire or explosion.
EPA officers inspected the site and monitored landfill gas levels on two occasions during February 2018. They found the levels of gas were above the limit set for the landfill and further investigations showed the Council had not taken all practicable measures to prevent the problem.
“EPA expects duty holders managing closed landfills to continue the ongoing monitoring and site management required by the Environment Protection Act 1970, to prevent harm to human health and the environment. This includes ongoing management of landfill gas and the liquids below the surface,” Ms Mathias said.
EPA issued a remedial notice requiring the City of Boroondara to start additional monitoring of landfill gas and to implement measures to prevent liquid accumulating in the gas extraction system.
EPA officers are monitoring compliance with the requirements of the notice.
Under the Environment Protection Act 1970 and the Infringements Act 2008, the Council has the right to have the decision to issue the infringement notice reviewed or alternatively to have the matter heard and determined by a court.
EPA is now preparing for new legislation to take effect in 2020, that will give it a stronger focus on prevention and substantially increase potential penalties.
The legislation introduces a criminally enforceable General Environmental Duty, a responsibility for anyone whose activities may involve pollution to take reasonable steps to eliminate risk to human health and the environment.
Ms Mathias said if anyone experiences odour or other impacts from the landfills in the Clayton South area, they are encouraged to call EPA’s Pollution Hotline on 1300 372 842 (1300 EPA VIC).