Application for Licence
Division 3, Part V Environmental Protection Act 1986
Licence Number L9250/2020/1
Applicant 4M Waste Pty Ltd
ACN 631 452 492
File Number DER2020/000222
Premises 4M Waste Pty Ltd
15a Mulgul Road MALAGA WA 6090
Legal description -
Lot 1 on Strata Plan 38012, Certificate of Title Volume 2192, Folio 135
As defined in Schedule 1 of the Licence
Date of Report 8 October 2020 Status of Report Final
Decision Report
Table of Contents
1. Definitions of terms and acronyms ... 3
2. Purpose and scope of assessment ... 5
2.1 Application details ... 5
3. Overview of Premises... 6
3.1 Siting and location ... 6
3.2 Operational aspects ... 6
3.3 Infrastructure ... 9
4. Legislative context... 11
4.1 Part V of the EP Act - Applicable regulations, standards and guidelines ... 11
5. Emissions, receptors and pathways ... 11
5.1 Emissions ... 11
5.2 Receptors ... 12
5.3 Pathways ... 13
6. Applicant controls ... 13
7. Risk assessment ... 14
7.1 Determination of emission, pathway and receptor ... 14
7.2 Detailed risk assessment ... 19
Noise and vibration emissions ... 19
Contaminated fire water emissions ... 20
8. Determination of Licence conditions ... 22
9. Consultation ... 23
10. Applicant’s comments ... 23
11. Conclusion ... 24
Appendix 1: Key documents ... 25
1. Definitions of terms and acronyms
In this Decision Report, the terms in Table 1 have the meanings defined.
Table 1: Definitions
Term Definition
ACN Australian Company Number
Category/
Categories/ Cat.
Categories of Prescribed Premises as set out in Schedule 1 of the EP Regulations
Decision Report refers to this document.
Delegated Officer an officer under section 20 of the EP Act.
Department means the department established under section 35 of the Public Sector Management Act 1994 and designated as responsible for the administration of Part V, Division 3 of the EP Act.
DWER Department of Water and Environmental Regulation
As of 1 July 2017, the Department of Environment Regulation (DER), the Office of the Environmental Protection Authority (OEPA) and the Department of Water (DoW) amalgamated to form the Department of Water and Environmental Regulation (DWER). DWER was established under section 35 of the Public Sector Management Act 1994 and is responsible for the administration of the Environmental Protection Act 1986 along with other legislation.
EP Act Environmental Protection Act 1986 (WA)
EP Regulations Environmental Protection Regulations 1987 (WA)
Existing Licence The Licence issued under Part V, Division 3 of the EP Act and in force prior to the commencement of, and during this Review
Licence Holder 4M Waste Pty Ltd
Noise Regulations Environmental Protection (Noise) Regulations 1997 (WA) Occupier has the same meaning given to that term under the EP Act.
PDWSA Public Drinking Water Source Area
Prescribed Premises has the same meaning given to that term under the EP Act.
Term Definition
Risk Event As described in Guidance Statement: Risk Assessment
2. Purpose and scope of assessment
4M Waste Pty Ltd is a waste management company, aiming to recycle end of life tyres into tyre crumb to assist in Western Australia’s circular waste economy. The premises intends to process approximately 20,000 tyres per year into 600 tonnes of tyre crumb, with up to 100 whole tyres stored on the premises at any time.
Section 53 of the Environmental Protection Act 1986 (the Act) requires that an occupier of a prescribed premises hold a licence to cause or alter the nature of emissions from that premises.
The premises activities and processing capacity cause the premises to be prescribed under Category 57: Used tyre storage (100 tyres or more), and Category 61A: Solid waste facility (1,000 tonnes or more per year) of the Environmental Protection Regulations 1987.
This Decision Document considers and assesses the environmental risks associated with the operation of the premises.
2.1 Application details
On 22 May 2020 the Department received a licence application from 4M Waste Pty Ltd to operate a tyre recycling and crumbing facility.
Table 2 lists the documents submitted during the assessment process.
Table 2: Documents and information submitted during the assessment process
Document/information description Date received Licence application received, and comprises:
- Application Form;
- Lease documents (agreement and execution);
- ASIC Company Extract;
- Proposed Activities;
- Environmental Management System;
- Environmental Policy;
- Noise Management Plan;
- Waste acceptance;
- Fire Plan, Evacuation Plans;
- Siting and Location information; and - Fee calculation.
(DWER Record DWERDT286103).
22 May 2020
Additional information regarding noise and vibration measures, provided via email (DWER Record 1914881).
29 May 2020 Additional information provided regarding noise, vibration and
fire water containment measures (DWER Record A1916331).
23 July 2020 Confirmation of premises boundary (DWER Record A1916430). 23 July 2020
Table 3 lists the prescribed premises categories that have been applied for.
Table 3: Prescribed Premises Categories applied for
Classification of Premises
Description Approved Premises
throughput and Design capacity
Category 57
Used tyre storage (general): premises (other than premises within Category 56) on which used tyres are stored.
Production or design capacity: 100 tyres or more
Up to 100 tyres stored at any one time
Category 61A
Solid waste facility: premises (other than premise within
Category 67A) on which solid waste produced on other premises is stored, reprocessed, treated, or discharged onto land.
Production or design capacity: 1,000 tonnes or more per year
Up to 20,000 tyres per annum
3. Overview of Premises
3.1 Siting and location
The 4M Waste Pty Ltd premises is located within the Malaga Industrial Area and is surrounded to the north, east, south and west by industrial premises. The whole property is approximately 1400 m2, with Strata Lot 1 occupied by 4M Waste Pty Ltd being approximately 680m2 in size.
The nearest main road is Malaga Drive, with Reid Highway located to the south. Marshall Road to the north separates the industrial area from the residential area of Ballajura. A regional context map is shown in Figure 1.
3.2 Operational aspects
4M Waste Pty Ltd propose to process up to 20,000 tyres per year into approximately 600 tonnes of tyre crumb. Crumb is intended to be on sold for use in bitumen and asphalt mix (road base) and soft fall for recreation or sporting complexes. As part of the licence application, 4M Waste Pty Ltd applied to store no more than 100 tyres on the premises at any one time and up to 10 tonnes of tyre crumb. Following DWER’s assessment of the application, the final tyre crumb storage volume has been reduced to 5 tonnes to maintain a low fire risk on the premises.
End of life tyres are proposed to be collected from local truck repair and truck tyre changing businesses via a small truck. Once on site, tyres are stored on portable pallets in stacks not exceeding 3.7m height and a surface area of 9m2 within the workshop. Due to storage limitations, tyres will be processed within two days of receipt. Processing will involve:
1) Using a tyre ring (wall) cutter to remove the wall of the tyre;
2) A strip cutter then cuts the tyre into long strips approximately 50 mm wide;
3) Tyre strip is then placed into a block cutter to cut the strips into 20 mm pieces;
4) Rubber blocks are then placed on to the conveyor to feed into the rubber crushing machine;
5) Prior to feeding into the machine the material passes through a magnetic conveyor to remove steel;
6) The rubber crushing machine circulates the rubber blocks around its conveyor, through the crusher and onto the shaker table;
7) A second magnetic conveyor removes remaining steel;
8) Rubber small enough to drop through the shaker table runs along a further conveyor into a fibre separator which removes the nylon fibre from the crumb;
9) Rubber crumb is produced in two sizes – 0.6 mm crumb for use in asphalt and bitumen mix, and 3mm crumb for use in soft fall in playgrounds and sporting complexes; and 10) Finished product is bagged into 1m3 (1 tonne) bags transported to customers.
Onsite storage of final product is expected to be minimal as the product is made to order, with deliveries offsite 1-2 times per week.
The premises will operate from 6am to 4pm Monday to Saturday, excluding public holidays.
Three full-time employees and 2 labourers will be employed on site to operate the premises.
Steel collected from the process is sent to Sims Metal Management for recycling. General waste generated or collected during the processing of tyres into tyre crumb will be managed via the council waste bins.
Figure 1 – Regional context for licence application L9250/2020/1.
The premises is shown by the yellow border.
3.3 Infrastructure
The 4M Waste Pty Ltd facility infrastructure, as it relates to Category 57 and 61A activities, is detailed in Table 4 and with reference to the Site Plan (attached in the Licence).
Table 4 lists infrastructure associated with each prescribed premises category.
Table 4: 4M Waste Pty Ltd facility Category 57 and 61A infrastructure
Infrastructure
Prescribed Activity Category 57
Tyre storage
1 Portable tyre storage pallets (Maximum height 3.7m, floor area of approximately 9m2) Prescribed Activity Category 61A
Processing of used tyres to produce tyre crumb 1 XKP-450 Rubber Crushing Machine 2 BCL-8 and BCL-3 conveyor belts
3 BMS-22 and SMS-1 magnetic separator conveyors 4 BSS-8 and SSS-3 shaker screens
5 FS110 Fibre separator 6 YQ-1200 Ring (Wall) Cutter 7 QT-1200 Strip Cutter
8 FL-1200 Wire removing cutter Additional equipment
1 Fork Lift 2 Small truck
3 Various tools and ancillary equipment equivalent to a mechanics workshop
Figure 2: Premises infrastructure and equipment layout (Source: 4M Waste Pty Ltd, 2020)
4. Legislative context
Table 5 summarises approvals relevant to the assessment.
Table 5: Relevant approvals and tenure
Legislation Number Approval
Planning and Development Act 2005
DA-127/2020 Approval to commence development issued on 4 June 2020, permits the change of land use from ‘Warehouse’ to ‘Industry – General’.
Strata Titles Act 1985 Commercial Lease Agreement Two year lease agreement, ending 30 November 2021. Two year extension option available until 2023.
4.1 Part V of the EP Act - Applicable regulations, standards and guidelines
The overarching legislative framework of this assessment is the EP Act and EP Regulations.
The guidance statements which inform this assessment are:
• Guidance Statement: Regulatory Principles (July 2015)
• Guidance Statement: Setting Conditions (October 2015)
• Guidance Statement: Licence Duration (August 2016)
• Guidance Statement: Decision Making (June 2019)
• Guidance Statement: Risk Assessments (February 2017)
• Guidance Statement: Environmental Siting (November 2016)
5. Emissions, receptors and pathways
5.1 Emissions
The key emissions considered during the operation of the premises are:
• noise and vibration;
• particulates and noxious gases from fire/tyre combustion (smoke); and
• contaminated fire water generated from extinguishing a fire.
5.2 Receptors
Table 6 lists the sensitive land uses in the vicinity of the premises which may be receptors relevant to the licence application.
Table 6: Receptors and distance from activity boundary
Human receptors Distance from Prescribed Activity
Industrial premises The premises is surrounded by adjoining industrial premises.
Ballajura Residential area The nearest residential premises is located approximately 740 m to the north east.
Environmental receptors Distance from the Prescribed Activity
Geomorphic Wetlands
- Resource Enhancement Wetland (REW) - Conservation Category Wetland (CCW)
33 m west of the premises. However it is noted that this wetland is now part of the industrial area and has been built on.
The nearest CCW is located approximately 1 km to the south, and is part of the Lightning Swamp Bushland.
DBCA Managed Land
- Un-named Nature Reserve
2.4 km east
Bush Forever Site 385 Reid Highway Bushland, Mirrabooka/Malaga
- Threatened Ecological Community is a Banksia Woodland of the Swan Coastal Plain
Located approximately 477 m south west of the premises.
Lightning Swamp Bushland
- Conservation Reserve (City of Bayswater) - Bush Forever Site 307 (Lightning Swamp and
Adjacent Bushland, Noranda)
- Threatened Ecological Community (Banksia Woodland of the Swan Coastal Plain)
1 km south of the premises
Threatened and Priority Flora (Priority 4) The closest record is 1.3 km north east of the premises Threatened Fauna
- Woylie (Bettongia penicillata ogilbyi) (Critically Endangered)
- Carnaby’s Cockatoo (Calyptorhynchus latirostis) (Endangered)
- Swan Coastal Plain Shield-backed Trapdoor Spider (Idiosoma sigillatum) (Priority 3)
There are several recorded occurrences of Woylie and Black Cockatoo within a 1 km radius of the proposal.
These occurrences are within remnant vegetation areas.
Environmental Aspects Environmental Value
Soil type The area is mapped as having sandy soils that are very
light grey at the surface, yellow at depth and are fine to medium-grain in size.
Groundwater
- Public Drinking Water Source Area (PDWSA) - RIWI Act 1914 Groundwater area
Depth to groundwater is approximately 8 m below ground level. Regional groundwater flow appears to be in a south-south easterly direction
Gnangara Underground Water Pollution Control Area Priority 3 area.
Mirrabooka Groundwater Area, Ballajura Sub-area
Acid Sulfate Soils Medium to low risk area
5.3 Pathways
There is the potential for air and land to act as a potential pathway for noise and vibration and particulate and noxious gas emissions from the premises.
There is the potential for overland run-off and the stormwater drainage system to act as a potential pathway for contaminated fire water generated from extinguishing a tyre fire.
6. Applicant controls
This assessment has reviewed the controls set out in Table 7 below.
Table 7: Applicant’s proposed controls
Emission Source Pathway Proposed controls Noise and
Vibration
Operation of plant and equipment
Air and land
Location of crumbing activities within an enclosed building.
Placement of magnetic conveyor prior to crumbing to reduce steel going through the crushing machine.
Vibration rubber damper matting placed under all plant and equipment.
Twin water cooling system placed around the machinery to reduce the temperature and therefore reduce vibration.
Particulates and noxious gases (smoke)
Tyre / tyre crumb combustion
Air Maximum of 100 tyres stored on the premises at any time.
Minimal storage of tyres on site (tyres processed within 2-3 days of arrival into crumb, with product removed off-site at least once a week.
Provision of on-site fire extinguishers.
Tyres received stacked on mobile pallet stackers, maximum of
7. Risk assessment
7.1 Determination of emission, pathway and receptor
In undertaking its risk assessment, DWER will identify all potential emissions pathways and potential receptors to establish whether there is a Risk Event which requires detailed risk assessment.
To establish a Risk Event there must be an emission, a receptor which may be exposed to that emission through an identified actual or likely pathway, and a potential adverse effect to the receptor from exposure to that emission. Where there is no actual or likely pathway and/or no receptor, the emission will be screened out and will not be considered as a Risk Event. In addition, where an emission has an actual or likely pathway and a receptor which may be adversely impacted, but that emission is regulated through other mechanisms such as Part IV of the EP Act, that emission will not be risk assessed further and will be screened out through Table 8.
The identification of the sources, pathways and receptors to determine Risk Events are set out in Table 8 below.
Table 8: Identification of emissions, pathway and receptors during operation
Risk Event
Risk rating1 C = consequence
L = likelihood
Applicant controls sufficient?
Conditions of licence
Justification for additional regulatory controls Source/Activities Potential
emission
Potential pathways and
impact
Receptors Applicant controls
Operation of plant and equipment
Noise and vibration
Air and ground, impacting on human health and amenity
Adjoining and neighbouring industrial premises
Location of crumbing activities within an enclosed building.
Placement of magnet conveyor prior to crumbing to reduce steel going through the crushing machine.
Vibration rubber damper matting placed under all plant and equipment.
Twin cooling system placed around the machinery to reduce the temperature and therefore reduce vibration.
Consequence:
Moderate Likelihood:
Possible
Risk rating: Medium
No Conditions 12, 13, 14 and 15
Refer to Section 7.2.1
Maximum of 100 tyres stored on the premises at any time.
Minimal storage of tyres
Due to the low storage volumes on site and short storage timeframe,
Risk Event
Risk rating1 C = consequence
L = likelihood
Applicant controls sufficient?
Conditions of licence
Justification for additional regulatory controls Source/Activities Potential
emission
Potential pathways and
impact
Receptors Applicant controls
stackers, maximum of 3.7m high. Only 1 stack intended to be in use.
External yard and access way to be kept clear for emergency service vehicle access, if required.
Security fencing and monitoring to prevent arson.
Tyre fire (combustion and extinguishment)
Particulates and noxious gases
Air, impacting on human health
Ballajura residential area, 750m north east
Maximum of 100 tyres stored on the premises at any time.
Minimal storage of tyres on site (tyres processed within 2-3 days of arrival into crumb, with product removed off-site at least 1-2 times a week) Provision of on-site fire extinguishers.
Access to 60m hose external to the building.
Tyres received stacked on mobile pallet stackers, maximum of 3.7m high. Only 1 stack intended to be in use.
External yard and access way to be kept clear for emergency service vehicle access, if required.
Consequence:
Minor
Likelihood: Unlikely Risk rating: Medium
Yes Conditions 3, 5, 6, 7, 8 and 11.
Due to the low storage volumes on site and short storage timeframe, the risk of fire occurring is considered to be low (unlikely to occur).
Tyre storage and fire management conditions on the licence will assist in preventing and managing fire related incidents.
Risk Event
Risk rating1 C = consequence
L = likelihood
Applicant controls sufficient?
Conditions of licence
Justification for additional regulatory controls Source/Activities Potential
emission
Potential pathways and
impact
Receptors Applicant controls
Tyre fire (combustion and extinguishment)
Security fencing and monitoring to prevent arson.
Contaminated fire water
Overland run-off and stormwater drainage system, potentially contaminating land and impacting on groundwater quality
Gnangara Underground Pollution Control Area (Priority 3)
Maximum of 100 tyres stored on the premises at any time.
Minimal storage of tyres on site (tyres processed within 2-3 days of arrival into crumb, with product removed off-site at least 1-2 times a week) Provision of on-site fire extinguishers.
Access to 60m hose external to the building.
Tyres received stacked on mobile pallet stackers, maximum of 3.7m high. Only 1 stack intended to be in use.
External yard and access way to be kept
Consequence:
Major
Likelihood: Unlikely Risk rating: Medium
No Condition 3, 5, 6, 7, 8, 9, 10 and 11.
Refer to Section 7.2.2.
Risk Event
Risk rating1 C = consequence
L = likelihood
Applicant controls sufficient?
Conditions of licence
Justification for additional regulatory controls Source/Activities Potential
emission
Potential pathways and
impact
Receptors Applicant controls
Tyre fire (combustion and extinguishment)
Contaminated fire water
Overland run-off and stormwater drainage system, potentially contaminating land and impacting on groundwater quality
Lightning Swamp Bushland and wetlands 1 km south
Maximum of 100 tyres stored on the premises at any time.
Minimal storage of tyres on site (tyres processed within 2-3 days of arrival into crumb, with product removed off-site at least 1-2 times a week) Provision of on-site fire extinguishers.
Access to 60m hose external to the building.
Tyres received stacked on mobile pallet stackers, maximum of 3.7m high. Only 1 stack intended to be in use.
External yard and access way to be kept clear for emergency service vehicle access, if required.
Security fencing and monitoring to prevent arson.
Consequence:
Minor
Likelihood: Rare Risk rating: Low
No
Conditions 3, 5, 6, 7, 8, 9, 10 and 11.
Due to the low storage volumes on site and short storage timeframe, the risk of fire occurring is considered to be low.
Tyre storage and fire management conditions (that require the containment of fire water on the premises) will ensure that the risk to the Lightning Swamp Bushland and wetland remains low.
7.2 Detailed risk assessment
Noise and vibration emissions
The processing of tyres into tyre crumb has the potential for noise and vibration emissions from the crushing of tyres, shaker tables to separate rubber, steel and nylon and use of conveyor systems. The Environmental Protection (Noise) Regulations 1997 (Noise Regulations) specify the maximum assigned noise levels authorized to be emitted from a premises in relation to receiving receptors and siting. As the premises is located within an industrial area the assigned noise levels for ‘industrial and utility premises’ are considered to apply. These levels set an assigned noise level of 60dB LA10, 75dB LA1 and 90dB LAMax for all hours.
Amenity and health impacts can also be assessed against the general provisions of the EP Act, specifically whether noise emissions unreasonably interfere with the health, welfare, convenience or comfort of any person.
Potential receptors
The 4M Waste Pty Ltd premises occupies one half of a strata lot, with a shared wall to an adjoining business. The premises is surrounded to the north, east and west by general industry premises. The immediately surrounding business to the premises are considered to be the most likely receptors due to their close proximity.
During commissioning activities for the tyre crumbing plant and equipment, the City of Swan has received complaints regarding noise and vibration from neighbouring premises. These complaints have not been substantiated by DWER. However, as a works approval was not submitted for the premises, noise and vibrations emissions have not been subject to a full assessment and are an emission of concern.
Applicant’s noise and vibration reduction measures
In response to pre-operating concerns regarding noise and vibration from neighbouring premises, the applicant has installed vibration rubber damper underneath plant and equipment.
An additional magnetic conveyor was also installed at the beginning of the tyre crumbing process to remove steel prior to entering the crushing machine. Water cooling towers have also been installed on the plant to reduce the temperature of the plant, to help reduce sound and vibration outputs. DWER understands that following the addition of these vibration and noise reduction measures on the premises, the City of Swan has received an additional complaint for noise and vibration from the neighbouring strata premises.
Risk rating
The potential for noise and vibration impacts from the premises has not been formally assessed, as DWER did not receive a works approval application prior to the plant and equipment being installed on the premises, or a noise and vibration study with the licence application. DWER understands that the City of Swan has received complaints regarding noise and vibration during commissioning of the plant to date. As the premises is located within a strata unit warehouse with an adjoining wall to a neighbouring business, the ‘consequence’ in DWER’s risk rating for
Proposed regulatory controls
A Noise Management Plan provided by 4M Waste Pty Ltd with the licence application provides some information regarding noise levels that may be expected for the operator of machinery used within the premises, however it does not provide a full assessment of noise and vibration from the premises considering potential impacts to nearby receptors.
In order to verify the noise and vibration emissions from the operation of the premises and ensure compliance with the Environmental Protection (Noise) Regulations 1997 (Noise regulations), DWER has included conditions on the licence for a validation study and report to be undertaken.
Should the noise and vibration validation study of the premises’ operation find that the premises is non-compliant with the Noise regulations, the applicant will be required to prepare and provide a plan that ensures that the premises’ operation will no longer contravene the Noise regulations.
Key findings:
The Delegated Officer considers that:
1. The potential for noise and vibration to impact adjacent premises and the adjoining strata occupier is considered to be medium risk;
2. DWER has been advised that the City of Swan has received complaints regarding noise and vibration from the commissioning of the plant and equipment; and
3. A noise and vibration validation study and report will assist DWER assess compliance with the Environmental Protection (Noise) Regulations 1997.
Contaminated fire water emissions
The 4M Waste Pty Ltd premises comprises a concrete hardstand floor within the building and a bitumen hardstand area externally that slopes and drains into an un-lined 5 m3 soak well within the premises’ carpark area.
The 4M Waste Pty Ltd premises is considered to be a low risk fire premises, given the small quantity of tyres to be stored on site, the limited storage of tyres and tyre crumb within the premises’ building and the short storage timeframe for final crumb product. Notwithstanding these factors, if ignited, tyre fires are very difficult to extinguish and have the potential to produce large volumes of smoke and very high temperatures. Fire-fighting foams used to extinguish a fire can also contain hazardous materials including surfactants, emulsifiers and modifiers. Fire- water run-off may comprise solids (e.g. particulates, burnt rubber), Volatile Organic Compounds (VOCs), Polycyclic Aromatic Hydrocarbons (PAHs), benzene, dioxins, furans, heavy metals, nitrous oxides, pyrolitic oil and fuel oils. In the event of a fire, firefighting wastewater (fire water) and pyrolytic oil may discharge into onsite unlined stormwater soak wells, or offsite onto land or into stormwater drains, subsequently reaching local environmental receptors.
Potential receptors
The 4M Waste Pty Ltd premises is located within the Malaga industrial area. Groundwater is approximately 8 m below ground level, and appears to flow in a south-south easterly direction.
The premises is located within the Mirrabooka groundwater area and is within the Gnangara Mound Priority 3 Underground Water Pollution Control Area.
Water Quality Protection Note 25: Land use compatibility tables for public drinking water source areas (WQPN25) (Department of Water, 2016) provides guidance for the suitability of industrial and commercial activities within Pubic Drinking Water Source Areas (PDWSAs). Under this
protection note, waste management facilities for used tyres are considered to be an incompatible land use for a PDWSA 3 area due to the risk of fire and potential impacts of contaminated fire water discharges onto land or into water.
Planning Approval
Notwithstanding the above receptors, and as identified in section 4, the City of Swan granted planning approval for the proposed facility on 4 June 2020. The planning approval includes a number of conditions relating to waste and stormwater management.
Applicant’s fire water containment measures
The Department of Fire and Emergency Services (DFES, 2020) Guidance Note No. 2 – Bulk Storage of Rubber tyres including shredded and crumbed tyres provides for acceptable storage, fire-prevention and fire water containment measures for tyre storage and processing facilities.
The applicant engaged Design Fire to conduct a Fire Risk Assessment for the premises. Due to the small size of the tyre storage and processing area (under 500 m2), reticulated sprinklers and large volume fire water containment structures were not considered to be required under Guidance Note 2. Therefore the premises’ Fire Risk Assessment provides for fire extinguishers within the tyre storage and processing area. A 60m hose at the front of the property provides additional water access for fire suppression.
Risk rating
As the proposal is located within the Gnangara Mound Priority 3 Underground Water Pollution Control Area and is an ‘incompatible’ land use under WQPN25, the ‘consequence’ for this potential risk event is considered to be ‘major’.
Due to the low volumes of material to be stored on the premises however, and the storage of this material within the building on the premises, the ‘likelihood’ of this risk event occurring is considered to be ‘unlikely’, which results in an overall ‘medium’ risk rating.
Proposed Regulatory Controls
Tyre waste facilities are considered to be an incompatible land use for P3 PDWSAs due to the potential for fire water from tyre fires to contaminate drinking water resources. Although this land use is incompatible, DWER is aware that planning approval for the premises has been issued by the City of Swan for the proposed premises and activity.
DWER has assessed the application with regard to the WQPN and land use concerns, and considers that the small size of the premises and small scale of the premises’ activity can achieve a lower fire risk and therefore present a lower risk to the public drinking water source protection area through the effective management of tyres and tyre crumb on the premises. In undertaking the assessment of the proposal, DWER has also had regard to Guidance Note:
GN02. Bulk storage of Rubber tyres Including Shredded and Crumbed Tyres. Version 2. 2020 (DFES, 2020).
Conditions on the licence limiting the type/volume of material stored and processed on the premises, storage conditions and the provision of fire management (e.g. through fire-fighting equipment and effective emergency response procedures) will assist in reducing the scale and
containment measures to DWER for review. Following receipt of this report to DWER and a review of the proposed containment measures, a Works Approval and/or Licence Amendment application will be required to incorporate the proposed works/installations into the regulatory approvals for the premises.
In addition to the general fire management conditions and FWCP, conditions have also been included on the licence for the development and provision of a Site Emergency Response Plan (SERP) in accordance with Australian Standard 3745 – “Planning for Emergencies in Facilities”.
The application did provide some components of an SERP (e.g. extinguisher plan, evacuation plan), however additional information is required to demonstrate the plan, processes and procedures in place on the premises in the event of a fire occurring, as well as identify potential contaminant information (MSDS information) and potential drainage areas.
Key findings:
The Delegated Officer considers that:
1. The proposal is located within the Gnangara Mound Priority 3 Underground Water Pollution Control Area and is an ‘incompatible’ land use under WQPN25;
2. Contaminated fire wash water impacts to the receiving environment are considered to be the primary reason for tyre premises being incompatible with water quality protection areas;
3. The proposed premises activities and annual throughputs are considered to reduce the fire risk. Risks associated with fire can be adequately mitigated through licence conditions related to tyre/tyre crumb volumes and storage;
4. The City of Swan has issued planning approval for the premises; and
5. Additional conditions to prevent fire water entering the surrounding environment will reduce the potential for fire water to impact on groundwater in the event of a fire.
8. Determination of Licence conditions
The conditions in the issued Licence have been determined in accordance with the Guidance Statement: Setting Conditions.
The Guidance Statement: Licence Duration has been applied and the issued licence expires in line with the current lease arrangement.
Table 9 provides a summary of the conditions to be applied to this licence.
Table 9: Summary of conditions to be applied
Condition Ref Grounds
Premises access conditions Conditions 1 and 2
These conditions are valid, risk-based and contain appropriate controls.
Waste acceptance and processing Conditions 3, 4 and 5
These conditions are valid, risk-based and contain appropriate controls.
Infrastructure and equipment Condition 6
These conditions are valid, risk-based and contain appropriate controls.
Condition Ref Grounds Fire Management
Conditions 7-11
These conditions are valid, risk-based and contain appropriate controls.
Monitoring – Noise and Vibration Conditions 12-15
These conditions are valid, risk-based and contain appropriate controls.
Monitoring – Inputs and outputs Conditions 16 and 17
These conditions are valid, risk-based and contain appropriate controls.
Records and reporting Conditions 18 - 26
These conditions are valid and are necessary administration and reporting requirements to ensure compliance.
DWER notes that it may review the appropriateness and adequacy of controls at any time and that, following a review, DWER may initiate amendments to the licence under the EP Act.
9. Consultation
The Department of Water and Environmental Regulation consulted with the City of Swan and the Department of Fire and Emergency Services (DFES) in relation to the application.
The City of Swan advised that planning approval to change the land use had been issued by the City in June 2020, and that the proposed activities were consistent with this approved land use.
DFES Special Operations unit has advised the premises is required to comply with Guidance Note: GN02. Bulk storage of Rubber tyres Including Shredded and Crumbed Tyres. Version 2.
2020 (DFES, 2020). DWER understands that the premises’ has considered the requirements of this guidance note, and notes that the internal tyre storage methods proposed comply with this guideline (e.g. stacked in pallets, max height of 3.7m). Where the requirements of the guidance note assist in reducing the fire risk potential for the premises, these requirements have been incorporated into licence conditions.
10. Applicant’s comments
The Applicant was provided with the draft Decision Report and draft issued 7 September 2020.
The Applicant provided confirmation of tyre storage area, the cooling tower method and agreed to the reduced tyre crumb storage volume and the timeframes proposed for submission of the Noise Monitoring information.
Sufficient information and detail demonstrating how fire water containment would be achieved on the premises was not provided. DWER further consulted with 4M Waste Pty Ltd regarding the inclusion of an additional Fire Water Containment Plan condition set being placed on the licence to provide an assessment of the premises’ fire water containment capabilities and
11. Conclusion
This assessment of the risks of activities on the premises has been undertaken with due consideration of a number of factors, including the documents and policies specified in this Decision Report (summarised in Appendix 1).
Based on this assessment, it has been determined that the Issued Licence will be granted subject to conditions commensurate with the determined controls and necessary for administration and reporting requirements.
MANAGER WASTE INDUSTRIES REGULATORY SERVICES
Officer delegated under section 20 of the Environmental Protection Act 1986 Jarrod
Abrahams
2020.10.08 14:37:46 +08'00'
Appendix 1: Key documents
Department of Environment Regulation (DER), July 2015. Guidance Statement: Regulatory principles. Department of Environment Regulation, Perth, Australia.
Department of Environment Regulation (DER), October 2015. Guidance Statement: Setting conditions. Department of Environment Regulation, Perth, Australia.
Department of Environment Regulation (DER), August 2016. Guidance Statement: Licence duration. Department of Environment Regulation, Perth, Australia.
Department of Environment Regulation (DER), August 2016. Guidance Statement: Licence duration. Department of Environment Regulation, Perth, Australia.
Department of Environment Regulation (DER), November 2016. Guidance Statement: Risk Assessments. Department of Environment Regulation, Perth, Australia.
Department of Environment Regulation (DER), June 2019. Guidance Statement: Decision Making. Department of Environment Regulation, Perth, Australia.
Department of Fire and Emergency Services (DFES) (2019) Guidance Note (GN02) Bulk storage of rubber tyres including shredded and crumbed tyres, November 2019, Perth, Australia.
Department of Water, April 2016, Water Quality Protection Note 25: Land use compatibility tables for public drinking water source areas, Perth, Australia.
Tyre Stewardship Australia (2019), Best Practice Guidelines for tyre storage and fire and emergency preparedness, March 2019, Victoria, Australia
