COODE ISLAND COMMUNITY
Thursday, 16 June, 2011
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.
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
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:
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:-
Š Summary of key findings and recommendations
Š EPA’s response to the report
Š Transforming EPA into a modern regulator
Š Social duty of care and moving beyond licensed sites
Š A risk based and responsive regulatory model, the importance of language and a better approach to targeted enforcement, and consequences.
Š EPA’s approach to regulation
Š 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:
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
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 email@example.com.
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 - firstname.lastname@example.org
HRL’s dual gas demonstration project in the Latrobe Valley
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.
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.