GRANT District Council has been embroiled in penalty negotiations with the Environmental Protection Authority (EPA) following a number of breaches at the Port MacDonnell Waste Transfer Station.
This follows one of the dewatering/desludge bags bursting in a bunded lagoon causing an overflow of some liquid waste at the dump.
Each of the breaches carried a maximum penalty of $120,000 due to the fact the council is a “body corporate”.
After some negotiation, council now faces a $14,000 fine for one breach.
Council chief executive officer Trevor Smart met with EPA officers in Adelaide earlier this month to discuss what he says is an “unreasonable penalty”.
Mr Smart also expressed concerns about the negotiated civil penalty process.
Council environmental services officer Leith McEvoy said the accident occurred on May 12, 2017.
“The accident was unforeseen and the first time in over 10 years of use that a bag had burst – it posed no threat to the local community and did not harm the local environment,” Mr McEvoy said.
“Council responded to the incident in a timely and responsible manner and took immediate actions to ensure the situation could not occur again.”
EPA officers observed the spill the following week and interviewed several council officers.
In August 2017, the EPA formally notified council of a number of alleged breaches associated with the operation.
“The EPA proposed that council enter into an agreement to resolve this matter by way of a civil penalty for just the one breach of contravening a condition of the council’s environmental authorisation (EPA Licence) – being septic sludge containment,” Mr McEvoy said.
Alternatively, council could have elected to be prosecuted for the alleged breaches.
Mr McEvoy said this was a first offence for the council and in September council agreed to participate in negotiations with the EPA to determine a civil penalty.
Council proposed an adjusted penalty base of $9450, but the EPA Compliance Enforcement Strategy Committee (CESC) determined the initial civil penalty amount was in all fairness already more than generous and the final adjusted penalty of $14,000 stood as offered.
The EPA declined to comment given the matter was ongoing.
