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March 2005 Updates Henley Golf Course

Yarra Valley Golf Pty Ltd served with EPA Pollution Abatement Notice on March 7th, 3 months after Yarra River Pollution Incident. If members of the public had not alerted the EPA to this outrage millions of litres of highly turbid water would have entered the Yarra River.

More information on this course can be found here.

Pollution Abatement Notice here

Diamond Valley Leader Wednesday, March 16, 2005 Page 1: Golf a hazard to river by Dave Crossthwaite

Developers of the Henley Golf Course at Nillumbik’s Bend of Islands have been ordered to clean up their act after a conservationist found polluted water from their development being pumped into the Yarra River.

Last week, Monday, March 7, the Environmental Protection Authority ordered developer, Yarra Valley Golf Pty Ltd, to begin regular testing for a range of physical and chemical water pollutants.

EPA officers investigated reports by Friends of the Earth activist Anthony Amis, that "highly turbid" water was leaking into the Yarra from the development site on December 4 last year.

They found turbidity levels in the Yarra near the development were more that 10 times normal levels and that water was being pumped into the river from an on-site lagoon with no attempt to analyse or monitor it. A second inspection in February this year found more water being discharged into the Yarra.

Yarra Valley Golf Club development manager Ralph Grierson said the order related to a "past, minor event", and any problems had "long since been repaired".

EPA senior urban services manager, Stuart McConnell, said the company was required to provide an environmental management plan to the authority by Monday, April 11. "There is increasing concern about the management of sediment-laden water from this site," Mr McConnell said. "We have issued this company with a pollution abatement notice that makes clear EPA’s expectations."

Mr McConnell said failure to comply with any of the notice’s 20 conditions could attract fines of more than $245,000.

The developer has until Thursday, March 28, to appeal against the EPA ruling at the Victorian Civil and Administrative Tribunal, but Mr Grierson said an appeal was unlikely.

Mr Grierson said the leaks occurred after heavy storms dumped 156mm of rain on the site last November.

He said Melbourne Water had given permission for water to be pumped from the lagoon in December and later from an on-site lake in February into the Yarra. "River water was simply being returned to the river - it never came on to the development site," Mr Grierson said. "Any problems were rectified immediately. We have adhered to our environmental management plans and will continue to do so."

But Mr Amis labelled the leaks, which he said involved "large volumes" of water, as "a clear breach of development plans".

Melbourne Water spokeswoman Lisa Beechey said the company did not give the developer permission to discharge water into the Yarra on either December 4, 2004 or February 4 this year.

Page 7 Diamond Valley Leader Wednesday, March 16, 2005 Pollution fears for fish by Dave Crossthwaite

Conservationists have accused state, federal and local governments of failing to keep tabs on an environmentally sensitive development at the Bend of Islands.

The EPA last week served a pollution abatement notice on developer Yarra Valley Golf Pty Ltd after tests revealed "highly turbid" water had flowed into the Yarra from the Henley Golf Course site.

But Friends of the Earth spokesman Anthony Amis said authorities had acted only after his group alerted them to the problem in December last year. Mr Amis said he feared that polluted water from the site, between Skyline Rd and the river, could have a devastating effect on endangered fish populations, including Macquarie Perch and Australian grayling.

He said the December leak occurred during the Macquarie Perch spawning period and any further spills could affect the Australian grayling, which spawn in autumn. "If it wasn’t for us finding that leak, millions of litres of polluted water could have flowed into the Yarra over a period of months.

If you have to rely on under-funded community groups to keep tabs on a development like this then there is a monumental failure of process," Mr Amis said. The EPA has ordered the developer to supply it with an environmental management plan by April 11.

The Federal Department of Environment and Heritage demanded a similar plan when the then Environment Minister David Kemp signed off on the deal in September 2003. An Environment Department spokeswoman said officers would investigate possible breaches ot the Environment Protection and Biodiversity Conservation Act, which lists the Macquarie perch as a threatened species.

Nillumbik Mayor Greg Johnson said the developer had not breached development plans lodged with council in August, 2002.

How it unfolded

*December 3, 2004: Friends of the Earth alerts the EPA to a discharge of highly turbid water from the Henley Golf Course site into the Yarra.

*December 4, 2004: EPA site inspection reveals:

-Uncontrolled discharge of turbid water from an on-site lake into the Yarra.

-Turbidity levels more than 10 times normal levels as measured upstream from the discharge.

-A leaking silt trap.

-Water being pumped into the Yarra from an on-site lagoon, with no attempt to monitor or analyse the discharged water.

*Friday, February 4, 2005: EPA inspection finds water being discharged from a third on-site lake is "likely to cause pollution"

*Monday, March 7, 2005: EPA serves a pollution abatement notice, including more than 20 conditions, on developer Yarra Valley Golf Pty Ltd, to come into force on April 11.

March 8 2005

March 8 2005: Work proceeding on Phase 2 without consolidation and completion of Phase 1. Another breach of the Development Plan.

March 8 2005: More water on floodplain. Is the main levee still leaking?

March 8 2005: Lake L still engorged with November rainfall water at head of western gully. Hope the dam walls are strong enough to contain all of the water contained.

March 8 2005: Major earthworks continue to fill area within main levee. Is this point leaking? Also note about 40 pile of sand in far distance for Turf Grass Nursery.

March 8 2005: How much groundwater is also contained within Lake A?

March 8 2005: Major earthworks continue to fill area within main levee. Is this point leaking? Also note about 40 pile of sand in far distance for Turf Grass Nursery.

March 3 2005

March 3 2005: Works preceeding on filling in bund/levee at this location. Could this be a potential leakage point?

March 3 2005: Vast quantities of sand are being imported onto the floodplain for the base of fairways and greens. If a flood occurs, sand washed into the Yarra River will be disastrous for the native fish.

March 3 2005: Henley flood plain.

March 3 2005: Works being carried out outside the Global Silt Barrier. Company has started work on Phase 2 of the operation without completing Phase 1, which is supposed to be stablisied and completed before any works on Phase 2 begin. Where's Nillumbik Shire? Why aren't they enforcing their own development plan?.

March 3 2005: Works being carried out outside the Global Silt Barrier. Phase 2.

March 3 2005: Works being carried out outside the Global Silt Barrier. Pile of soil ready to wash away in the evnt of large flood.

March 3 2005: Works being carried out outside the Global Silt Barrier. Phase 2.

March 3: View of the extensive earthworks looking south.

March 3: Natural billabongs still gorged from floodwaters 5 months ago.

ENVIRONMENT PROTECTION ACT 1970

SECTION 31A(1)

POLLUTION ABATEMENT NOTICE

TO: YARRA VALLEY GOLF PTY LTD

OF: L 6 118 QUEEN STREET MELBOURNE VIC 3000

WHEREAS the Environment Protection Authority ("EPA") is satisfied for the reasons stated in Attachment "A" to this notice, that a process or activity which is being carried on at premises occupied by YARRA VALLEY GOLF PTY LTD ("the occupier") and situated at Henley Golf Course, Henley Bridge Rd, Christmas Hills ("the premises") has caused or is likely to cause pollution

NOW TAKE NOTICE that you are required to comply with each of the requirements specified in Attachment "B" to this notice on and from the 11th Day of April 2005 or such later date as may be specified.

DATED 7 MARCH 2005 ..........................................................................

PAUL JOHN SPARKS

DELEGATE OF THE

ENVIRONMENT PROTECTION AUTHORITY

NOTE: IF FOUND GUILTY OF CONTRAVENING A REQUIREMENT TO WHICH THIS NOTICE IS SUBJECT, YOU MAY BE ORDERED TO PAY A FINE OF UP TO $245,400 (SECTION 31A(7) OF THE ACT)

IN THE CASE OF A CONTINUING OFFENCE YOU MAY BE ORDERED TO PAY AN ADDITIONAL PENALTY OF UP TO $122,700 FOR EACH DAY ON WHICH THE OFFENCE CONTINUES AFTER CONVICTION OR AFTER SERVICE BY THE AUTHORITY ON YOU OF A NOTICE OF CONTRAVENTION OF SECTION 31A(7).

ATTACHMENT "A"

REASONS FOR WHICH THE POLLUTION ABATEMENT NOTICE IS ISSUED

The Environment Protection Authority ("EPA") has issued this notice because:

1. On 3 December 2004 EPA received a complaint concerning the discharge of sediment-laden water from Lake E at the premises into the Yarra River.

2. On 4 December 2004 an EPA Officer conducted an inspection of the premises and identified an uncontrolled discharge of turbid water from Lake E at the premises to the Yarra River.

3. On 4 December EPA took a sample of the water discharging from Lake E at the premises and found that it contained an elevated level of Turbidity (240 NTU) compared with that of the Yarra River upstream of the discharge Turbidity (21 NTU).

4. On 4 December 2004 EPA inspection of the premises identified a leak in the wall of the global silt trap.

5. On 4 December 2004 EPA inspection identified a failure in the silt fence adjacent to the global silt trap or Lake A.

6. On 4 December 2004 EPA identified that water from an eastern Lagoon at the premises was being pumped to the Yarra River. No monitoring or analysis was undertaken for this discharge.

7. On 4 February 2005 EPA identified a discharge of water to the Yarra River from Lake X at the premises.

8. There is a need to prevent sediment–laden water from impacting on the Yarra River.

9. EPA is satisfied that a discharge from the premises is likely to cause pollution.

ATTACHMENT "B"

REQUIREMENTS

Definitions

EC : electrical conductivity

N : Total Nitrogen

P : Total Phosphorus

pH : a measure of alkalinity or acidity

Water Discharge Requirements

1. Ensure that no waste or water contaminated with waste, including stormwater, is discharged beyond the boundaries of the premises other than in accordance with Requirements 2, 3 and 4 of this notice.

2. Where water from the premises is to be discharged to the Yarra River, such a discharge must only be in accordance with the approved Environmental Management Plan as required by Requirements 5 and 6 of this notice.

3. The occupier must obtain the written approval of Melbourne Water Corporation and EPA where water contained at the premises is to be intentionally discharged to the Yarra River, that is either pumped, siphoned, released via gravity or other means.

4. Ensure that all water discharged to the Yarra River from the premises meets the relevant objectives set out in Table 2. In-stream Environmental Quality Indicators and Objectives of the State Environment Protection Policy (Waters of Victoria) - Schedule F7 Waters of the Yarra Catchment. No. S89, Gazette 22/6/1999, or is equivalent to, or better than background level in the Yarra River at the premises.

Environmental Management Plan

5. You must prepare, document and implement an Environment Management Plan (EMP) for the premises that is in accordance with the following documents:-

(a) EPA Publication No. 480, "Environmental Guidelines for Major Construction Sites"; and

(b) State Environment Protection Policy (Waters of Victoria) as varied including Schedule F7 (Waters of the Yarra Catchment) No. S89, Gazette 22/6/1999.

6. The EMP referred to in Requirement 5 must be submitted to EPA for approval by 11 April 2005 and must address the following:-

(a) all circumstances, either intentional or as a result of a rainfall event under which a discharge of water from the premises to the Yarra River would be required;

(b) actions to be undertaken at the premises to ensure that water discharged from the premises meets Requirements 2, 3 & 4 of this notice;

(c) management measures for all water contained at the premises including lake filling, reuse for irrigation, dust suppression or any other purpose;

(d) a daily site-inspection checklist that must include, but is not be limited to the following:

i. date of inspection;

ii. time of inspection;

iii. a list of all sediment and drainage controls on the premises including those measures outlined in Requirement 10 to be inspected;

iv. check boxes for site environmental controls;

v. visual inspection for pollution, including litter, scums and oils;

vi. provision for comments on any issues of non-compliance;

vii. provision for comments on remedial action to be taken

viii. provision for additional comments; and

ix. printed name, signature and position of person checking works.

(e) procedures for completing the daily site–inspection checklist

(f) documented staff training of the procedures for the conducting of site inspections and reporting to site management;

(g) procedures for the safe storage of the site–inspection checklist;

(h) procedures to rectify problems identified by site inspections;

(i) a water quality monitoring program which includes but is not limited to daily monitoring of turbidity during project work days, at the following locations at and around the premises:

i. Yarra River upstream of the premises

ii. Lake A, Lake E and Lake X at the premises; and

iii. Yarra River downstream of the premises.

(j) a water quality monitoring program to undertake sampling of turbidity, suspended solids, pH, N, P , EC and dissolved oxygen during or as soon as possible following a rainfall event of 20 millimetres or more within a 24 hour period at the premises at the following locations at and around the premises: -

i. Yarra River upstream of the premises;

ii. Lake A, Lake E & Lake X at the premises;

iii. western watercourse at the point it enters the premises; and

iv. Yarra River downstream of the premises.

(k) a water quality monitoring program to be undertaken twice daily to include sampling of turbidity, suspended solids, pH, N, P , EC and dissolved oxygen to be undertaken before, during and after any approved discharge to the Yarra River in accordance with Requirements 3 & 4 of this notice at the following locations at and around the premises: -

i. Yarra River 20 metres upstream of the discharge point,

ii. Yarra River 20 metres downstream of the discharge point;

iii. western watercourse within the crown land area;

iv. western watercourse downstream of Lake X prior to the crown land;

v. Lake X; and

vi. western watercourse at the point it enters the premises.

(l) a water quality monitoring program to be undertaken monthly to include sampling of turbidity, suspended solids, pH, N, P, EC and dissolved oxygen at the following locations at and around the premises: -

i. Yarra River upstream of the premises;

ii. Lake A, Lake E & Lake X at the premises; and

iii. Yarra River downstream of the premises

(m) all results of monitoring as specified in Requirement 6(i),(j), (k),and (l) must be reported and submitted to EPA on a quarterly basis, or more frequently as requested by EPA.

General Requirements

7. You must ensure that no litter, anthropogenic matter, foams, scums, materials causing objectionable colours or odours, cement residues, concrete residues, concrete wash waters, paint residues or visible films of oils, greases or petroleum products are discharged from the premises.

8. You must ensure that no vehicle-borne wastes including concrete wastes or residues, solid wastes, sediment, sand, soil, clay or stones accumulate on the roads or in roadside gutters abutting the premises.

9. You must collect all vehicle-borne wastes including concrete wastes or residues, solid wastes, sediment, sand, soil, clay or stones accumulated on the roads or in roadside gutters abutting the premises.

10. Install and maintain stormwater protection measures and devices at and around all construction area’s, access roadways stormwater pits, grates and drains at the premises.

11. Ensure that the stormwater protection measures and devices installed under Requirement 10 at the premises are inspected and maintained in operating order at all times.

12. You must ensure that any malfunction of the stormwater protection measures referred to in requirement 10, which has the potential to cause pollution, is immediately reported to EPA’s Pollution Watch Line on (03) 9695 2777 and by Facsimile 9695 2691.

13. You must undertake daily inspections of the premises including all stormwater protection measures and devices to ensure the Yarra River environment is not being impacted upon by activities at the premises.

14. You must record all details of inspections undertaken under Requirement 13 in a logbook as identified in the site EMP required under Requirement 5 and 6 of this notice.

15. Ensure that all sampling as required by requirement 6(i), (j), (k), and (l) of this notice is undertaken by a suitably qualified and experienced person, in accordance with the requirements of EPA publication 441, " A guide to sampling and analysis of water, wastewaters soils and wastes".

16.Ensure that samples taken in accordance with the monitoring program as identified by Requirement 6 (j), 6(k), and 6(l) are analysed by a laboratory that can endorse the results with a stamp of the "National Association of Testing Authorities".