Licence Number L6956/1997/11
Licence Holder Shire of Victoria Plains
File Number: DWERVT1560
Premises Bolgart Refuse Site Bolgart East Road
BOLGART WA 6568
Legal description - Lot 1 on Diagram 16424
Certificate of Title Volume 1182 Folio 811
Date of Report 17 October 2019
Amendment Report
1. Definitions and interpretation
Definitions
In this Amendment Report, the terms in Table 1 have the meanings defined.
Table 1: Definitions
Term Definition
Amendment Report refers to this document Category/
Categories/ Cat.
categories of Prescribed Premises as set out in Schedule 1 of the EP Regulations
CEO means Chief Executive Officer.
CEO for the purposes of notification means:
Director General
Department Administering the Environmental Protection Act 1986
Locked Bag 33 Cloisters Square PERTH WA 6850
info@dwer.wa.gov.au
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 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
Landfill Definitions means the document titled “Landfill Waste Classification and Waste Definitions 1996” published by the CEO as amended from time to time
Licence Holder Shire of Victoria Plains
NEPM National Environmental Protection Measure
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.
Premises refers to the premises to which this Amendment Report applies, as specified at the front of this Amendment Report.
Revised Licence the amended Licence issued under Part V, Division 3 of the EP Act, with changes that correspond to the assessment outlined in this Amendment Report.
Risk Event as described in Guidance Statement: Risk Assessment SAQP Sampling and Analysis Quality Plan
Special Waste Type 1
has the meaning defined in the Landfill Definitions
2. Amendment Description
The following guidance statements have informed the assessment and decision outlined in this Amendment Report:
• 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 Assessment (February 2017)
• Guidance Statement: Environmental Siting (November 2016)
2.1. Purpose and scope of assessment
On 18 September 2019, the Shire of Victoria Plains (the Licence Holder) applied to the Department of Water and Environmental Regulation (DWER) to amend Licence
L6956/1997/11. The Licence is for the Bolgart Refuse Site, a prescribed premises Category 64 Class II landfill in Bolgart, Western Australia (the Premises).
The scope of the amendment application included an extension of the licence expiry date by two years and removal of Special Waste Type 1 (asbestos) from the accepted waste types.
The Existing Licence is due to expire on 22 October 2019.
2.1.1 Background
In September 2015, the Licence was amended to include an improvement program
comprising preparation and submission of an Asbestos Management Plan and groundwater Sampling and Analysis Plan. These documents were due for completion by the end of 2015.
The requirement to prepare a groundwater Sampling and Analysis Plan was prompted by
proposed changes to the Bolgart Water Reserve, a Priority 2 Public Drinking Water Source
Area (P2 PDWSA) which is mapped across the Premises location.
The revised Bolgart Water Reserve Drinking water source protection plan (herein referred to as the ‘Water Source Protection Plan’) was released in April 2016 (Department of Water [DOW], 2016a). The Water Source Protection Plan outlined that the Bolgart Water Reserve boundary had been changed to reflect a better understanding of the hydrogeology of the area (DOW, 2016a). The new boundary was based on the surface catchment boundary for both the Western and Bull Road wellfields (DOW, 2016a).
The revised boundary incorporated most of the Premises within the Bull Road wellfield. The Water Source Protection Plan identified the Bolgart Refuse Site as a high management priority land use due to the potential for contaminants to leach from the unlined landfill into
groundwater. At the time the then Department of Water (DOW) recommended that the Licence Holder:
• implement a groundwater monitoring system to monitor potential contaminant plumes which may be moving towards the production bore; and
• investigate the proper closure of the old sections of the landfill and the capture of contaminated water at the site.
Class II landfilling activities are incompatible with P2 PDWSAs based on Water quality protection note no. 25 Land use compatibility tables for public drinking water source areas (DOW, 2016b). Notwithstanding this guidance, the Premises is allowed to continue operating because it was an existing approved land use prior to the PDWSA being proclaimed (DOW, 2016b).
The Premises is located approximately 500 m north of bore 6/81, one of the two production bores providing Bolgart’s current water supply. The layout of the Premises in relation to the Bolgart Water Reserve and wellhead protection zone are shown in Figure 1.
Figure 1: Location of the Premises within the Bolgart Water Reserve and wellhead protection zone
500 m 200 m
Wellhead protection zone (6/81)
Bolgart Water Reserve
(Bull Road Wellfield)
Premises
Since the Licence was amended in 2015, the Licence Holder has not implemented the improvement program. On 16 July 2019, DWER personnel met onsite with representatives of the Licence Holder to discuss the requirements of the Existing Licence and potential
implications of extending the licence duration. In subsequent correspondence dated 25 July 2019, DWER informed the Licence Holder of potential options for the ongoing management and licensing of the Premises.
Following consideration of these options, the Licence Holder has applied to extend the licence duration by two years. The Licence Holder indicated in their amendment application that they intend to complete the groundwater Sampling and Analysis Plan component of the
improvement program by June 2020.
3. Other approvals
Table 2 below provides a summary of relevant approvals and the legislative context of the Premises.
Table 2: Relevant approvals
Legislation Number Approval
Planning and Development Act 2005
N/A The Licence Holder indicated that the Premises was in existence prior to the Shire of Victoria Plains Local Planning Scheme. Based on the Shire of Victoria Plains Local Planning Scheme No. 5, the Premises is zoned as a quarry.
Rights in Water and Irrigation Act 1914
GWL200540(2) Groundwater licence held by the Water Corporation for production bore 6/81 to the south of the Premises.
Contaminated Sites Act 2003 N/A The Premises is not classified under the Contaminated Sites Act 2003.
4. Amendment history
Table 3 provides the amendment history for L6956/1997/11.
Table 3: Licence amendments
Instrument Issued Amendment
L6956/1997/11 17/09/2015 Amended to add improvement conditions requiring an Asbestos Management Plan and groundwater Sampling and Analysis Plan.
L6956/1997/11 29/04/2016 Amended to extend the licence duration by three years.
L6956/1997/11 16/10/2019
Amended to extend the duration by two years including an extension to the completion dates of improvement conditions and remove Special Waste Type 1 as an accepted waste type (this amendment).
5. Environmental siting
Table 4 below lists the relevant sensitive land uses in the vicinity of the Premises which may
be receptors relevant to the proposed amendment.
Table 4 : Sensitive land uses and distance from activity boundary
Residential and sensitive premises Distance from Prescribed Premises
Rural farmland Adjacent to the western, northern, eastern and
southern boundaries of the Premises
Golf course 250 m west south-west of the Premises
Bolgart Primary School 880 m west of the Premises
Bolgart town residential area 980 m west of the Premises
Table 5 below lists the relevant environmental receptors in the vicinity of the Premises which may be receptors relevant to the proposed amendment.
Table 5: Environmental receptors and distance from activity boundary
Environmental receptors Distance from Prescribed Premises Drinking Water Source
Areas
The Bolgart Water Reserve is a Priority 2 Public Drinking Water Source Area (PDWSA) which comprises two wellfields associated with production bores 6/81 and 1/96.
The southern portion of the Premises is located within the Bull Road Wellfield (Figure 1). The Western Wellfield of the Bolgart Water Reserve is located 1.2 km west of the Premises.
The production bores draw from an unconfined aquifer and are screened from 12.45 m to 16.9 m (6/81) and 15.3 m to 18.3 m (1/96) (DOW, 2016a). Raw water from the production bores is pumped to the Bolgart East treatment plant where it is blended and chlorinated (DOW, 2016a). Blending is undertaken in a one to one ratio from the two bores because of the high salinity levels in the 6/81 bore (DOW, 2016a).
Waterways Conservation Areas
The Premises is located within the Avon River Management Area
Groundwater The depth and flow direction of groundwater in the vicinity of the Premises is not known. Topography within the vicinity of the Premises slopes down towards the south, west and north-west.
Bolgart is underlain by crystalline basement rocks of the Yilgarn Craton. The basement is overlain by a weathered profile consisting of kaolinite clay, sandy clay and sand, and is covered by laterite on the hills, and locally by residual sand on the slopes (DOW, 2016a). The residual sand is unconsolidated and up to 30 m thick, possibly occupying depressions within the weathered profile (DOW, 2016a).
Groundwater in the Bolgart area is predominantly found in residual sand and underlying fractured and weathered bedrock (DOW, 2016a). The sandy aquifer is considered to be unconfined and is vulnerable to contamination (DOW, 2016a).
Groundwater licences held by the Water Corporation for the two production bores servicing the town water supply are the only groundwater licences identified within 5 km of the Premises.
The DWER Water Information Reporting tool identified 21 groundwater bores within approximately 2 km of the Premises. Groundwater bore owners included private owners, the Water Corporation, Bolgart Primary School (Department of Education) and the Public Works Department (current owner unknown).
Environmental receptors Distance from Prescribed Premises
Surface Water The Bolgart Brook is located approximately 1.25 km west of the Premises. This is a non-perennial watercourse.
Two unnamed perennial lakes are located approximately 3 km south-east of the Premises.
An unnamed minor watercourse is located 3.15 km south-east of the Premises.
Threatened and Priority Ecological Communities
26 occurrences of the Wheatbelt Woodlands (Eucalypt woodlands of the Western Australian Wheatbelt) were identified within 2 km of the Premises. This is a Priority 3 and critically endangered community.
Threatened/Priority Fauna One Priority 4 fauna species (western brush wallaby) and one vulnerable fauna species (bilby) were identified within 2 km of the Premises.
Parks and Wildlife Managed Lands and Waters
Regional Parks Green Growth Commitment Areas Threatened/Priority Flora Ramsar Sites
Directory of Important Wetlands
Geomorphic Wetlands
None identified within 5 km of the Premises
Acid Sulfate Soils Based on CSIRO’s Australian Soil Resource Information System Mapping Tool, there is a low probability of acid sulfate soils occurring at the Premises.
6. Risk assessment
Table 6 below describes the Risk Events associated with the amendment consistent with the Guidance Statement: Risk Assessments. This table identifies whether the emissions present a material risk to public health or the environment, requiring regulatory controls.
Risk Events considered in the risk assessment are limited to leachate emissions to
groundwater and asbestos emissions to air. The Delegated Officer considers that these are
the key Risk Events relevant to the scope of the licence amendment which is focused on
groundwater investigations and Special Waste Type 1 management controls at the Premises.
Table 6: Risk assessment for proposed amendments during operation
Risk Event
Source/Activities* Potential emissions
Potential receptors, pathway and impact
Applicant controls
Consequence rating1
Likelihood
rating1 Risk1 Reasoning Regulatory controls (refer to conditions of the granted
instrument)
Storage and disposal of waste in the Class II landfill
Leachate to groundwater
Down- gradient groundwater users including the production bore (6/81) and the Bolgart Water Reserve
None Major Possible High
Leachate generated in the landfill is likely to infiltrate into the subsurface as the landfill is unlined. The Delegated Officer considers the likelihood of leachate impacting the Bolgart Water Reserve is possible; the risk event could occur at some time.
As the depth and flow direction of groundwater are not well understood it is not known if groundwater pathways exist to connect the Premises and the 6/81 production bore capture zone. Based on the 200 m separation distance between the Premises and the wellhead protection zone, the Delegated Officer considers the likelihood of leachate impacting the 6/81 production bore supply is possible.
Contaminants generated in leachate from a landfill may present a risk to human health if consumed in drinking water. The Delegated Officer understands that this type of contamination (e.g. nutrients, metals and hydrocarbons) may not be detected or removed under the current analytical and treatment methods implemented by the Water Corporation in their management of the Bolgart town water supply (DOW, 2016a). The Delegated Officer considers the consequence to be major based on the potential for mid-level adverse health effects if the Bolgart town water supply were to become contaminated.
Current:
Condition 3.1.1 – Improvement program requiring preparation of a groundwater Sampling and Analysis Quality Plan (SAQP).
Future:
Upon submission of the plan above, DWER will assess its acceptability and amend the licence to ensure that the Licence Holder implements the endorsed aspects and carries out the required groundwater monitoring. DWER will also specify associated timeframes for certain works to be completed (i.e. timeframes for groundwater well installation, groundwater monitoring and reporting).
Storage and disposal of waste in the Class II landfill
Leachate to groundwater
Down- gradient aquatic ecosystems
None Minor Possible Medium
Contaminants generated in leachate from a landfill may present a risk to aquatic ecosystems. It is not known if groundwater pathways connect the Premises and surface water features. Based on the separation distance of 1.2 km to the closest surface water feature (Bolgart Brook) the Delegated Officer considers the potential environmental consequence to be minor and the likelihood of this Risk Event to be possible.
See controls listed above
Disturbance of buried asbestos
Acceptance of non- conforming waste loads
Asbestos fibres
Generation of airborne fibres and dispersion to nearby receptors (golf course, primary school and residential areas)
Removal of Special Waste Type 1 as an accepted waste type
Severe Unlikely High
No longer accepting Special Waste Type 1 will reduce the risk of asbestos fibre generation at the Premises. However, a risk of fibre generation remains due to the potential disturbance of buried waste and acceptance of non-conforming waste types.
Preparation of an Asbestos Management Plan will ensure the Licence Holder appropriately manages ongoing risks from Special Waste Type 1 buried at the Premises.
Condition 1.3.5 – Ongoing cover requirements for Special Waste Type 1.
Condition 1.3.11 – Premises shall be operated in a manner that prevents buried asbestos waste from being disturbed.
Condition 3.1.1 – Improvement program requiring preparation of an Asbestos Management Plan.
Condition 4.1.6 – Maintaining a register of Special Waste Type 1 disposal locations.
Note 1: Consequence ratings, likelihood ratings and risk descriptions are detailed in the Department’s Guidance Statement: Risk Assessments (February 2017)
7. Consultation
Table 7: Summary of consultation
Method Comments received DWER response
Water Source Protection Planning (WSPP) Branch of DWER
The Delegated Officer met with the WSPP Branch of DWER on 19 June 2019 to discuss future management options for the Premises.
The WSPP Branch agreed on the Delegated Officer’s proposed licensing approach of extending the licence duration and maintaining the
improvement condition to prepare and implement a groundwater Sampling and Analysis Plan.
This amendment is consistent with the licensing approach discussed with the WSPP Branch. The Delegated Officer will continue to consult the WSPP Branch for their comments as part of future licence amendments which relate to groundwater investigations at the Premises.
Water Corporation In August 2019, prior to the Licence Holder’s amendment application being submitted, the Water Corporation contacted DWER for information on the current status of the Bolgart Refuse Site.
The Water Corporation were in the process of updating the Bolgart Catchment Management Strategy and requested an update on progress of groundwater investigations at the Premises.
The Water Corporation subsequently confirmed that additional groundwater testing would be completed in the next sampling round for the Bull Road wellfield. This action aligns with the Water Source Protection Plan which recommended that the Water
Corporation should ‘consider including water quality monitoring for possible contamination from the landfill’ (DOW, 2016a).
DWER provided the Water
Corporation with an overview of the current status of L6956/1997/11.
DWER also confirmed that no further information was known in relation to groundwater quality within the vicinity of the Premises than was reported in the Water Source Protection Plan (DOW, 2016a).
Licence Holder referred draft documents 2 October 2019
The Licence Holder was satisfied with the proposed amendment and did not provide any comments.
N/A
8. Conclusion
Based on the assessment in this Amendment Report, the Delegated Officer has determined that a licence amendment will be granted, subject to conditions commensurate with the determined controls and necessary for administration and reporting requirements.
The Delegated Officer considers that contamination of the Bolgart Water Reserve by leachate from the unlined landfill is the key issue of concern in assessing this amendment application.
As there is currently no groundwater monitoring undertaken at the Premises, very limited information is available to conduct an informed risk assessment for this Risk Event.
Further groundwater investigations will be required to understand the potential human health
risk posed by leachate from the Bolgart Refuse Site. These investigations may be summarised
into the following stages:
• Preparation of a groundwater Sampling and Analysis Quality Plan (SAQP);
• Implementation of the SAQP including installation and sampling of groundwater monitoring bores; and
• Preparation of a report assessing the potential for human health risks resulting from landfill leachate at the Premises.
Based on the results of the stages above, ongoing monitoring and/or further intrusive
investigations may be required to assess the requirement for ongoing groundwater monitoring or further investigations.
The Delegated Officer has determined that a two year extension of the licence duration will provide the Licence Holder with sufficient time to complete the staged investigations outlined above. The improvement program in the Revised Licence requires the Licence Holder to prepare a groundwater SAQP by 28 February 2020. This will ensure that the plan is developed and submitted in a timely manner.
Post submission, DWER will assess the acceptability of the SAQP and will likely amend the licence to ensure that the Licence Holder implements the endorsed aspects and carries out the required groundwater monitoring. DWER will also specify associated timeframes for certain works to be completed (i.e. timeframes for groundwater well installation, groundwater monitoring and reporting).
The improvement program in the Revised Licence also requires the Licence Holder to prepare an Asbestos Management Plan. This plan will ensure that the Premises is appropriately managed to prevent asbestos fibre emissions and remains a necessary regulatory control even if Special Waste Type 1 is no longer accepted at the Premises.
8.1. Summary of amendments
Table 8 provides a summary of the proposed amendments and will act as record of implemented changes. All proposed changes have been incorporated into the Revised Licence as part of the amendment process.
Table 8: Licence amendments
Condition No.
Proposed amendments
1.1.2 Definitions updated to reflect current licensing approach and show additional terms.
1.3.1 Reference to ‘Class I’ landfill in Condition (d) amended to say ‘Class II’ as this was an administrative error.
Special Waste Type 1 removed from accepted waste types.
Maximum number of tyres to be stored on the Premises reduced from 100 to 99. Storage of 100 tyres or more would exceed the Category 57 – Used tyre storage (general) prescribed premises threshold.
1.3.3 Special Waste Type 1 processing requirements removed.
1.3.5 Cover requirements for Special Waste Type 1 updated to reflect the change from ongoing disposal to maintaining cover on existing buried material.
1.3.11 New condition added to replace Special Waste Type 1 process requirements previously listed in Table 1.3.3.
2.2.1 Special Waste Type 1 removed from waste input monitoring parameter list
Condition No.
Proposed amendments
3.1.1 Asbestos Management Plan:
• New requirements added including identification of where asbestos may be buried and measures implemented to prevent the disturbance of buried asbestos.
Groundwater Sampling and Analysis Quality Plan (SAQP):
• Additional requirement for SAQP to be prepared in accordance with Section 5 and Appendix B of the National Environmental (Assessment of Site Contamination) Measure 1999. This reference outlines the appropriate method for preparing a SAQP to inform a contamination risk assessment and provides alignment with the
investigation approach required under the Contaminated Sites Act 2003.
• Removal of the requirement to assess the groundwater flow and depth to groundwater at the SAQP stage of investigation. DWER understands there is limited information available on the local hydrogeology and it may not be possible for the Licence Holder to provide this information prior to the implementation of intrusive investigations.
• Additional requirement for placement of new monitoring bores to take into
consideration the aim of identifying potential risks to the wellhead protection zone of production bore 6/81.
4.1.1 New condition outlining specific record keeping requirements for the Premises
4.1.2 Condition to replace 4.1.1 to reflect the Department’s current record keeping requirements 4.1.3, 4.1.5 &
4.1.6
Reference change only
4.1.4 & 4.2.1 Updated to reflect the Department’s current annual reporting requirements and remove reference to Schedule 2 forms
4.3.1 Updated to reflect the Department’s current notification requirements and remove reference to N1 form
Schedule 1 Premises map updated to January 2015 aerial imagery
Schedule 2 Removed as N1 forms are no longer in use by the Department and the current approved Annual Audit Compliance Report form is now available online at the Department’s website (www.dwer.wa.gov.au)
