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Pasminco Immobilised Waste being transported to Summerhill Waste Management Facility

Protection of the Environment Operations (Waste) Regulation 2014

Notice of exemption granted under Part 9 in relation to waste tracking

By this notice the Environment Protection Authority (EPA) grants the following general exemption. The notice exempts the persons or classes of persons described herein from certain requirements in relation to the transportation and tracking of waste. The terms used in this notice have the same meaning as in the Protection of the Environment Operations Act 1997 (the Act) and the Protection of the Environment Operations (Waste) Regulation 2014 (the Regulation).

  1. This exemption commences on 11 August 2017 and is valid until 11 August 2019, unless sooner revoked or amended by a notice published in the Government Gazette.
  2. Waste to which the exemption applies

  3. This exemption applies to Pasminco Immobilised Waste referred to in Immobilised Contaminants Approval 2017/02 that is trackable waste and that is being transported to Summerhill Waste Management Facility (SWMF) (Environment Protection Licence No. 5897).
  4. This exemption applies to such waste delivered by a householder to SWMF; or collected from a householder and delivered to SWMF.
  5. It exempts
    1. a consignor;
    2. a transporter; and
    3. a receiver of waste to which this exemption applies from Part 4 of the Regulation, but only in so far as Part 4 applies by virtue of Clause 41(1)(a) of the Regulation.
  6. An exemption under this notice has effect only if the waste is transported to SWMF.
  7. Conditions relating to the exemption of consignors

  8. A consignor of Pasminco Immobilised Waste is exempt under this notice only if the consignor complies with the following conditions:
    1. before the transport of any Pasminco Immobilised Waste, the consignor must register as a consignor of Pasminco Immobilised Waste by providing the required information to the EPA on WasteLocate (or equivalent), and
    2. before the transport of any Pasminco Immobilised Waste, the consignor must provide the required information on the waste and transporter to the EPA on WasteLocate (or equivalent).
  9. Conditions relating to the exemption of transporters

  10. A transporter of Pasminco Immobilised Waste is exempt under this notice only if the transporter complies with the following conditions:
    1. no later than on delivery of the load of Pasminco Immobilised Waste, the transporter must register as a transporter of Pasminco Immobilised Waste by providing the required information to the EPA on WasteLocate (or equivalent), and
    2. for each load of Pasminco Immobilised Waste transported, and no later than on delivery of each load of Pasminco Immobilised Waste, the transporter must provide the required information on the transport for the specific consignment to the EPA on WasteLocate (or equivalent), and
    3. on delivery of each load of Pasminco Immobilised Waste to SWMF, the transporter must scan the EPA Fixed Plate at SWMF through their mobile device (or equivalent).
  11. Conditions relating to the exemption of receivers

  12. Newcastle City Council, the occupier of SWMF, as the receiver of Pasminco Immobilised Waste, is exempt under this notice only if SWMF complies with the following conditions:
    1. on and from delivery of the first load of Pasminco Immobilised Waste to its premises, Newcastle City Council must display an EPA Fixed Plate at its premises, and
    2. if the EPA Fixed Plate at SWMF is not scanned by the transporter of the Pasminco Immobilised Waste, Newcastle City Council must provide the EPA the following information in relation to the load:
      1. the date and time of delivery of the load of Pasminco Immobilised Waste, and
      2. the vehicle registration number of the vehicle driven by or on behalf of the transporter for the specific consignment.
    3. Newcastle City Council must provide this information to the EPA:
      1. in writing using the form in Appendix 1 of the Asbestos and Waste Tyres Guidelines,
      2. within 7 days after the end of the month in which the load was received, and
      3. iii. via email to waste.operations@epa.nsw.gov.au or by post to EPA Waste Operations, PO Box A290, Sydney South, NSW 1232, unless authorised otherwise by an EPA authorised officer.

    Interstate movement of waste to which Part 3 applies

  13. This notice does not exempt any person or class of person from Part 4 of the Regulation in so far as Part 4 applies by virtue of clause 41(1)(b) of the Regulation.

  14. Dangerous Goods requirements

  15. This notice does not exempt any person or class of person from any requirement under the Road and Rail Transport (Dangerous Goods) Act 1997 or the Regulations made under that Act.

Definitions:

  • Asbestos and Waste Tyres Guidelines – the document of that name, published by the EPA in the Gazette (as amended or replaced, from time to time, by notice published in the Gazette). A copy of the guidelines is available on the EPA’s website (www.epa.nsw.gov.au).
  • EPA Fixed Plate – a fully-functioning fixed plate approved by the EPA with a unique QR2id code and alphanumeric number for a particular premises.
  • Householder – person who owns, or rents, or lives in a house or tenement, and generates Pasminco Immobilised Waste.
  • Pasminco Immobilised Waste – Metallurgical furnace slag or metallurgical furnace slag contaminated excavated materials or metallurgical furnace flue dust or metallurgical furnace flue dust impacted excavated materials or any mixture of those materials that is located at residential premises inside the Pasminco Lead Abatement Strategy (LAS) Area at Cockle Creek, NSW 2284 (Annexure A - Map).
  • SWMF – Summerhill Waste Management Facility, Summerhill Road, Wallsend, 2287, NSW.
  • WasteLocate – the online tool developed by the EPA for reporting on the location and movement of certain waste types.

Dated: 4 August 2017

ASELA ATAPATTU
Director Hazardous Materials, Chemicals and Radiation
(On behalf of the Environment Protection Authority)

Annexure A - Map

Aerial photograph showing affected area
Page last updated: 11 August 2017