CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
Caltex Kurnell Terminal
Interim Operational Environmental Management Plan
Supply Chain Operations
Redacted Version for publication on the Caltex Public Web Site Note: Content considered to be security and commercially sensitive within the Kurnell Terminal Stage 1. Interim Operational Environmental Management Plan have been blacked out for posting on the Caltex Public Webpage, in line with the obligations of SSD 5544:D9
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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Version: 2.0
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KURNELL TERMINAL OEMP
SSP Description:
Document Contents
1
2
INTRODUCTION ................................................................................................. 8 1.1
Scope ..............................................................................................................8
1.2
Objectives ........................................................................................................8
1.3
OEMP Sub Plans................................................................................................9
KURNELL TERMINAL SITE DESCRIPTION AND LAYOUT ...................................... 10 2.1
Surrounding Land Uses.................................................................................... 10
2.2
Site Layout ..................................................................................................... 11
2.3
Operations and Activities ................................................................................. 12
2.4
Licences and Permits ....................................................................................... 13
2.5
Management of Product Receipt, Storage, Delivery and Supply ........................... 13 2.5.1
Product Receipt ............................................................................................... 13
2.5.2
Product Storage ............................................................................................... 14
2.5.3
Product Delivery / Supply - Pipeline Management .............................................. 18
2.5.4
Air Emission Management ................................................................................ 20
2.5.5
Spill Containment and Response ....................................................................... 20
2.5.6
Stormwater and Oily Water Management .......................................................... 21
2.5.7
Groundwater ................................................................................................... 22
2.5.8
Wharf Operations ............................................................................................ 23
2.5.9
Biodiversity, Vegetation and Weed Management ................................................ 23
2.5.10 Waste Management ......................................................................................... 24 2.5.12 Caltex Soil Remediation Facility ........................................................................ 25 2.5.13 Jet Fuel Treating Unit....................................................................................... 25 2.5.14 Laboratory ...................................................................................................... 26 2.5.15 Activities Undertaken on the Site Outside of Terminal Operations ....................... 26
2.6
3
4
Environmental Conceptual Model ...................................................................... 28
ENTERPRISE MANAGEMENT SYSTEMS............................................................... 28 3.1
Management Systems ..................................................................................... 28
3.2
Operational Excellence Management System (OEMS) ......................................... 28
3.3
Loss Prevention System (LPS) .......................................................................... 29
ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) ............................................... 30 4.1
Caltex Risk Management Framework (CRMF) ..................................................... 31
4.2
Caltex Risk Management Framework Reviews .................................................... 31
4.3
Site Environmental Risk Assessment ................................................................. 31
4.4
Review and Update of Environmental Risk Register ............................................ 32
4.5
Identification of Mandatory (M) Rating for Environmental Aspects ....................... 32
4.6
Identification of Significant Environmental Aspects ............................................. 33 Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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KURNELL TERMINAL OEMP
SSP Description:
5
6
4.7
Identification and Classification of Control Types ............................................... 33
4.8
Legal Obligations ............................................................................................ 33
4.9
Identify Specific Legal or Other Requirements ................................................... 34
4.10
Approvals Register .......................................................................................... 34
4.11
Environmental Improvement Actions................................................................. 35
SITE OEMP IMPLEMENTATION .......................................................................... 35 5.1
OEMP Management ......................................................................................... 35
5.2
Organisation Structure..................................................................................... 35
5.3
Environmental Roles and Responsibilities .......................................................... 35
5.4
Training, Awareness and Competence............................................................... 38 National Site Inductions ................................................................................... 38
5.4.2
Permit to Work Training ................................................................................... 39
5.4.3
Environmental Awareness Training ................................................................... 39
5.4.4
Notification of Environmental and Pollution Incidents ......................................... 39
5.4.5
Spill Response Training .................................................................................... 39
5.4.6
Contractor Prequalification Program .................................................................. 39
5.5
Site Communications ....................................................................................... 40
5.6
Community Complaints .................................................................................... 40
5.7
External Communications................................................................................. 41
5.8
Caltex Crisis and Emergency Management ........................................................ 42
5.9
Site Emergency Planning and Response ............................................................ 42 5.9.1
Kurnell Terminal Marine Oil Spill Response Plan ................................................. 43
5.9.2
Emergency Response Testing Process ............................................................... 44
5.9.3
Pollution Incident Response Management Plan .................................................. 44
MONITORING AND REPORTING ........................................................................ 44 6.1
Site Inspection Program .................................................................................. 44
6.2
Preventative Maintenance Program ................................................................... 44
6.3
Environmental Monitoring Program ................................................................... 45
6.4
Evaluation of Compliance ................................................................................. 45
6.5
Key Performance Indicator Monitoring Program ................................................. 46
6.6
7
5.4.1
6.5.1
Leading Indicators ........................................................................................... 46
6.5.2
Lagging Indicators ........................................................................................... 46
Environmental Record Keeping ......................................................................... 46
AUDITING........................................................................................................ 47 7.1
Environmental Audits ...................................................................................... 47 7.1.1
Independent Environment Audit ....................................................................... 47
7.1.2
Internal OEMP Environmental Audits ................................................................. 47 Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
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CALTEX – SUPPLY CHAIN OPERATIONS
KURNELL TERMINAL OEMP
SSP Description:
7.1.3
7.2
Environmental Management System (EMS) Effectiveness Review ........................ 47
Energy and Resource Use Audits ...................................................................... 48 7.2.1
National Pollutant Inventory Reporting .............................................................. 48
7.2.2
National Greenhouse and Energy Reporting....................................................... 48
7.3
Caltex Internal Audit Program .......................................................................... 48
7.4
Non-conformance, Corrective or Preventative Action .......................................... 48
7.5
Continual Improvement ................................................................................... 49
7.6
OEMS Reviews ................................................................................................ 49
7.7
OEMP Reviews ................................................................................................ 49
Tables Table 2-1
Site Description ...................................................................................... 10
Table 2-2
Surrounding Land Uses .......................................................................... 11
Table 2-3
Key features surrounding the Wharf ...................................................... 11
Table 2-4
Product Receipt...................................................................................... 13
Table 2-5
Slops Pipelines from Kurnell Terminal to the Wharf .............................. 14
Table 2-6
Product Storage ..................................................................................... 15
Table 2-7
High level alarms based on maximum receipt pumping rates................ 17
Table 2-8
Bund Capacity and Area ......................................................................... 17
Table 2-9
Pipeline Distribution Description ........................................................... 19
Table 2-10
Monitoring and reporting of pipelines .................................................... 19
Table 2-11
EPL 837 - Condition L2 Load Limits ........................................................ 20
Table 2-12
Spill Containment................................................................................... 20
Table 2-13
Stormwater Drainage System Catchments ............................................ 21
Table 2-14
Proposed Demolition Schedule .............................................................. 27
Table 4-1
Risk Levels and Associated Management Requirements........................ 32
Table 5-1
Roles and Responsibilities ..................................................................... 35
Table 6-1
Site Monitoring ...................................................................................... 45
Table 6-2
Environmental Records .......................................................................... 46
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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KURNELL TERMINAL OEMP
SSP Description:
Figures Figure 3-1
Operational System Overview ................................................................ 29
Figure 3-2
Loss Prevention Systems ....................................................................... 30
Appendices Appendix A
Site Maps and Diagrams
Appendix B
Caltex Environmental Policy
Appendix C
Facility Approvals Register
Appendix D
Register of Legal and Other Requirements
Appendix E
Chevron Integrated Risk Prioritisation Matrix
Appendix F
Facility Environmental Risk Register
Appendix G
Organisational Chart
Appendix H
Monitoring and Reporting Register
Appendix I
Terminal Noise Management Sub Plan
Appendix J
ISO14001:2015 Cross Reference to OEMP Matrix
Glossary of Terms and Abbreviations Abbreviation
Term
AMOSC
Australian Marine Oil Spill Centre
AST
aboveground storage tank
ATG
Automatic tank gauging
Caltex
Caltex Australia Petroleum Pty Ltd
CIPs
Control Improvement Plans
CLOR
Caltex Lubricating Oil Refinery
CRMF
Caltex Risk Management Framework
CSRF
Caltex Soil Remediation Facility
CSRF EMP
Caltex Soil Remediation Facility Environmental Management Plan
D&D
Decommissioning and demolition
DCS
Distributed Control Systems
DCVG
Direct current voltage gradient
DPE
Department of Planning and Environment
EFRT
External Floating Roof Tanks
EMS
Environmental Management System Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
EPC
Emergency Planning Committee
EPL
Environment Protection Licence
IEA
Independent Environment Audit
JHA
Job Hazard Analysis
JSA
Job Safety Analysis
JUHI
Joint User Hydrant Installation
kL
Kilolitre
km
Kilometre
kPag
Kilopascal (gauge pressure)
L&D System
Learning and Development System
LERT
Local Emergency Response Team
LI/NLI
Loss Investigation or Near Loss Investigation
LIMS
Laboratory Information Management System
LPO
Loss Prevention Observation
LPS
Loss Prevention System
m
Metre
MHF
Major Hazard Facility
mm
Millimetre
NPI
National Pollutant Inventory
OEMP
Operational Environmental Management Plan
OEMS
Operating Excellence Management System
OWMS
Oily Water Management System
PANSW
Port Authority NSW
PMP
Performance Management Plan
PRP
Pollution Reduction Program
ROW
Right of Way
SAP PM
SAP Preventative Maintenance
SCOLT
Supply Chain Operations Leadership Team
SMP
Sydney Metropolitan Pipeline
SNP
Sydney Newcastle Pipeline
SPSA
Safe Performance Self-Assessment
T&I Program
Turnaround and Inspection Program
TERP
Transition Emergency Response Plan
The ‘Site’
Kurnell Terminal
UST
Underground storage tank
WWTP
Waste Water Treatment Plant
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
This interim Operational Environmental Management Plan (OEMP) is based on a format and framework developed for Caltex Supply Chain Operations sites (MD-OEMS-PROC-14.1.5) which is designed to ensure compliance with various regulatory guidelines and facilitate implementation of Caltex Environment Policy. It is aligned with the requirements of ISO14001, as shown by the matrix in Appendix I. The OEMP considers the scale of the activity, the sensitivity of the location and environmental risk. The OEMP has a continual improvement provision to ensure its ongoing suitability, adequacy and effectiveness in alignment with ongoing site activities.
Revision Log The following table outlines revisions made to this document. Revisions to the document are undertaken every three years and to reflect changes to site activities and operations, environmental management, environmental risk, or the findings of environmental monitoring.
Revision
Date
Approved by
Reviewer
Date Issued
Comments/Key Changes
1.0
16/10/15
S.Harvey
A. Basten
04/11/15
Final Interim OEMP Document
1.1
18/05/16
S. Harvey
A.Basten
18 May 16
Inclusion of Terminal Specific Noise Sub Plan
21/02/17
General review of document Updated Terminal Ops Specialist and Wharf Maintenance personnel details Updated reference to IEA’s and ISO 2015 Matrix Updated Legal Register
20/06/17
Included reference to STD5.0.504.002 Community Relations Stakeholder Engagement Plan in 5.7 External Communications
1.2
21/12/16
1.3
20/06/17
A.Basten
A.
A.Basten
Basten
J. Kusters
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
1
KURNELL TERMINAL OEMP
Introduction
This interim Operational Environmental Management Plan (OEMP) has been prepared by Caltex Australia Petroleum Pty Ltd (Caltex) to identify and provide management solutions for potential environmental impacts arising from the operation of the Kurnell Terminal located at 2 Solander Street, Kurnell, NSW, 2231 (“the Site”), along with associated Kurnell Terminal Wharf and pipeline operations. This OEMP has been prepared to meet the requirements of Condition D2 of Development Consent SSD 5544, to prepare and implement an OEMP for the operations at the Terminal. The OEMP will also ensure compliance with operational elements of the site Environment Protection Licence (EPL) 837.
1.1
Scope
The scope of this OEMP includes the operational activities undertaken by Caltex employees, contractors and subcontractors at the Site and any area under the Site’s operational control. Site operational boundaries as related to the Site’s Environmental Management System are described in document D-OEMS-PROC-14.16 Environmental Management System Description. It is the responsibility of all site personnel, including contractors and sub-contractors, to comply with the requirements of the OEMP. All employees, and those involved in site operations are required to abide by the Caltex Environment Policy. A copy of the Caltex Policy is contained in Appendix B. Implementation of policy commitments enables Caltex to achieve its aim to “operate in such a way as to minimise adverse impacts on the environment and communities in which it operates.”
1.2
Objectives
The objectives of this OEMP are to:
Demonstrate due diligence to stakeholders and environmental regulators Ensure that potential environmental impacts associated with site operations are identified along with management solutions Provide a comprehensive overview of the environmental management strategy for site operations Ensure that operational activities comply with relevant regulatory requirements Provide a framework for continual improvement which is aligned with ISO14001
The objectives will be achieved through the management commitment, strategies and monitoring programs outlined in this OEMP.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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1.3
KURNELL TERMINAL OEMP
OEMP Sub Plans
As per Condition D2 of SSD 5544, the interim OEMP is supported by a number of sub plans to address specific environmental aspects of the project. Given the remaining refinery demolition activities, the approach taken to these sub plans will be: Water Management Plan. The continuing requirements for water management are detailed in the Conversion Water Management Plan (date January 2014) and have also been incorporated into the OEMP. A separate Terminal Water Management Plan has not been prepared at this stage. An updated Water Management Plan will be prepared following the conclusion of demolition works and a decision regarding the final design and operation of the Terminal Waste Water Plant. Noise Management Plan. Two Noise Management Plans are in place - the Demolition Noise and Vibration Management Plan (dated September 2015) and the Terminal Noise Management Plan. Refer to Appendix I for the Terminal Plan. Waste Management Plan. The Terminal currently shares the Waste and Resource Management Plan (dated September 2015) developed for the Kurnell Terminal Demolition Project Environmental Management Plan (DEMP). The Demolition Environmental representative also provides hazardous waste management support to the Terminal. A further waste stream review will be undertaken at the conclusion of the demolition works. A new Waste Management Plan will be developed for the ongoing management of waste generated from Terminal operations. Traffic Management Plan. The Terminal currently shares the Traffic Management Plan (dated September 2015) developed for the Kurnell Terminal Demolition Project Environmental Management Plan (DEMP). A traffic review will be undertaken at the conclusion of demolition works and reflect decisions made about the removal of the weighbridge and the Cook Street / Solandar St intersection. A specific Terminal Traffic Management Plan will be developed post this review. Biodiversity, Pest and Weed Management Plan. The Terminal is currently managed under the Weed Management Plan for Native Bushland (Kurnell Weed Management Plan), 2012, and shares the Kurnell Terminal Demolition Project Biodiversity, Pest and Weed Management Plan (September 2015), under the DEMP. The current Biodiversity, Pest and Weed Management Plan will be reviewed at the conclusion of the demolition works. Where required, the plan will be updated for the ongoing management of Terminal operations Pest and Weeds Management Plan. Refer to Biodiversity Management Plan point above. Pest and weed management will form part of the revised Biodiversity Management Plan. All these Sub Plans, except the Terminal Noise Management Plan, have been submitted and approved by the Secretary, DPE, and are now published on the Caltex Public Web Site. The Terminal Noise Management Plan will be only Plan included as an Appendix I.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
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KURNELL TERMINAL OEMP
Kurnell Terminal Site Description and Layout
Kurnell Terminal is a petroleum product import, storage and distribution facility located on the Kurnell Peninsula on the southern side of Botany Bay. The Terminal is a Major Hazard Facility (reference number 10131). Caltex import finished products (gasoline, jet fuel and diesel) through two fixed berths at a wharf and an additional sub berth (for diesel only) located in Botany Bay. Product is then stored on Site in tanks. Product is distributed via pipeline under Botany Bay to the Caltex Banksmeadow Terminal, to Mobil Silverwater and NCT (via the Sydney/Newcastle pipeline (SNP)) or the Joint User Hydrant Installation (JUHI) at Sydney Airport for further distribution. It is noted that the management of the Sydney Metropolitan Pipeline (SMP) is discussed within the Banksmeadow OEMP. Any slops generated as a result of Terminal operations are stored for future blending with other fuel on site, prior to distribution to the network described above. The Site was formally a refinery and is in the process of decommissioning and demolishing redundant infrastructure including refinery plant, tanks and associated infrastructure. The Terminal occupies a number of Lot and DPs which are listed in Appendix A. Pipeline operations for product receipt are discussed in Section 0 and pipeline operations for product distribution are discussed in Section 2.4.3. Wharf operations are discussed in Section 2.4.8. Site information is summarised in the following table. Table 2-1
Site Description
Site Address
2 Solander Street, Kurnell, NSW, 2231
Caltex SAP ID
535
Description of Core Business of the Site
Fuel Import, Storage and Distribution
Local Government Jurisdiction
Sutherland Shire Council
Landowner
Caltex Australia Petroleum Pty Ltd
Refer to Appendix A for a current site map showing the site boundaries, site infrastructure, adjacent properties, roadways, entry and exit points and licence monitoring and release points as they are applicable to this site. Surrounding Land Uses The Site is bounded by Captain Cook Drive and the community of Kurnell to the North and Sir Joseph Banks Drive to the west. It is bounded to the south and east by Kamay Botany Bay National Park. Surrounding land uses are detailed in Table 2-2.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
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Table 2-2
Surrounding Land Uses
Description of Surrounding Land Use
Location
Distance
Direction from Site
Sydney Desalination Plant
Sir Joseph Banks Drive
10 m
SW
Ausgrid
Captain Cook Drive
70 m
W
Village of Kurnell
Kurnell
50 m (closest receptor)
N & NE
Kurnell Primary School
Dampier St, Kurnell
600 m
NW
Kurnell Pre-School Kindergarten
Captain Cook Drive
600 m
N
Small Shopping Centre
Torres St, Kurnell
480 m
NW
Marton Park and Marton Park Wetland (part owned by Caltex)
Captain Cook Drive
50 m
N
Kamay Botany Bay National Park
Sir Joseph Banks Drive
Immediately Adjacent
S&E
The Kurnell Terminal Wharf operates in the southern side of Botany Bay. The key features in the areas surrounding the Wharf are listed in Table 2-3. Table 2-3
Key features surrounding the Wharf
Silver Beach
Recreational beaches and seagrass beds
Quibray Bay
Wader feeding and roosting, seagrass beds, mangroves and saltmarsh, oyster leases. A large part of this bay is an aquatic reserve bordered by a Ramsar site.
Weeney Bay
Seagrass beds, mangroves and saltmarsh
Woolooware Bay
Seagrass beds, mangroves and saltmarsh, oyster leases
Georges River
Oyster leases and seagrass beds, boats and moorings
Dolls Point - Captain Cook Bridge
Seagrass beds, recreational beaches
Cooks River
Boats & moorings
Airport Extension-BotanyBanksmeadow
Wader feeding area, seagrass beds
General
All aforementioned areas are important habitats for birds other than Waders. Recreational beaches cover a significant proportion of the Botany Bay foreshores. Botany Bay is a major spawning and nursery ground for fish. Commercial fishing in the bay is banned. Natural rocky shores predominant at the heads to Botany Bay.
Industrial
Port Authority of NSW
The pipelines that bring product from the berths to the Site run along the length of the Wharf, through the eastern Right of Way and into the Terminal. The pipelines that carry finished product from the Terminal run back through the eastern Right of Way, briefly onto the Wharf and then drop down below the bed of Botany Bay. All of the finished product pipelines are located below ground through the eastern Right of Way. The pipelines remain under ground when they reach the northern side of Botany Bay at Bonborah Point where a maintenance pit is located. From here the pipelines run below ground towards Banksmeadow Terminal and the JUHI at Sydney Airport.
2.1
Site Layout
Kurnell Terminal is owned and operated by Caltex. The main areas on Site include: Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
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The eastern and western tanks farms. The former Caltex Lubricating Oil Refinery (CLOR) area in the south west. Part of this area is now designated for the Permanent Sustainable Soil Regeneration Facility (referred to as the Caltex Soil Remediation Facility). The Landfarm in the south west corner of the Terminal. This facility is on site but is outside of Terminal Operations management. The Landfarm is currently under that control of the Demolition project but will be managed by the Kurnell Remediation Project. Vacant land to the south of the Terminal which the redundant Continental Carbon Pipeline traversed through (the pipeline will be removed as part of the demolition works). This land is owned by Caltex and the vegetation in this area is managed by the Terminal. Manifold areas and pipework. The Waste Water Treatment Plant on the north western part of the Site. A marine facility (the ‘Wharf’) accessed via Prince Charles Parade with two fixed berths and a sub berth. Two Rights of Way running through the Kurnell township. Part of the Marton Park Wetland owned by Caltex. Administration buildings outside of the Terminal fence line which house Supply, Operational Excellence, Engineering Services, IT Support and Terminal Operations.
A site locality map has been provided in Appendix A.
2.2
Operations and Activities
The main site operations and activities comprise:
Receipt of product via the wharf Distribution of product through the pipelines to other Caltex facilities (managed by the Caltex Pipelines team) Wharf operations and maintenance Shipping activities Coordinating product movements between the Terminal, Banksmeadow Terminal, Sydney JUHI and SNP (automated) Filling, transferring and delivering product to/from onsite storage tanks via internal pipelines Inspection, monitoring and testing of all storage and product transfer equipment, including bulk storage tanks, piping systems and valves, vent systems and devices, emergency shutdown systems, control pumps, and maintenance of all storage and product transfer equipment Inspecting vapour lines for compliance Emergency Response Obtaining samples of product for testing, storage and disposal at the Site laboratory Maintenance of pipeline Right of Ways (ROWs) Vegetation and weed management Operation of a jet fuel treater Stormwater management and outfalls at Quibray and Botany Bay Oily water system capture, treatment at the Waste Water Treatment Plant and wastewater outfall pipeline through Yena Gap Managing site and wharf security (including site entry and other permits) Inventory management and data entry/processing Conducting and recording routine inspections and observations
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
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SSP Description:
Community and other interested party consultation – included responding to community complaints Management of road traffic and people movements on Site
The following activities are undertaken on Site but are not managed by Terminal Operations, therefore are outside of the scope of this OEMP:
Demolition (D&D) Remediation activities Landfarm Caltex Soil Remediation Facility
While these activities are not managed by Terminal Operations, a description of these activities is provided in Section 2.4.15 to give an overall context of operations occurring at the Site. In addition, a recreational centre is located within Caltex owned land on the western boundary of the Terminal area. This area is not managed under Terminal Operations.
2.3
Licences and Permits
The Kurnell Terminal Approvals Register (see Appendix C) identifies current licences, permits and consents obtained by Caltex for the site.
2.4
Management of Product Receipt, Storage, Delivery and Supply
Activities and operations required for the receipt, storage, delivery and supply of refined product are outlined in detailed operating procedures developed in accordance with Caltex National Standards, work instructions and manuals specific to the site. These defined operating parameters, including responsibility and accountability. All documents form part of the Caltex Operating Excellence Management System (OEMS), which adheres to respective Australian Standards, local authority requirements, license agreements and industry codes. 2.4.1 Product Receipt Kurnell Terminal has two separate systems of pipelines. Product receipt pipelines which transport product from the Wharf to the Terminal. These pipelines may also be used to send slops from the Terminal to the Wharf. In addition the Terminal has separate pipelines for product distribution. These pipelines are discussed in Section 2.4.3. Both product receipt and distribution pipelines are maintained in accordance with the Caltex SAP Preventative Maintenance (SAP PM) system. Product receipt pipelines which travel from the Wharf to the Terminal are identified in Table 2-4. Table 2-4
Product Receipt
Line / Product
Length (km)
Diameter OD (mm)
Max Pumping Rate (kL/hr)
Average Pumping Rate (kL/hr)
1750
800
Gasoline 1
2.4
250
Fuel Oil Shipping
2.4
300
Mothballed and resting on Diesel
24"/18" Fuel Oil Shipping
2.4
600/450
Mothballed and resting on Diesel
Jet Fuel 1
2.4
300
1750
850
Jet Fuel 2
2.4
300
1750
850
Diesel 1
2.4
450
1750
850
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
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SSP Description:
Length (km)
Diameter OD (mm)
Max Pumping Rate (kL/hr)
Average Pumping Rate (kL/hr)
Diesel 2
2.4
450
1750
850
Gasoline 2
2.4
400
1750
850
Diesel 3A
2.4
450
2150
1800
Diesel 3B
2.4
600
2150
1800
Sub Industrial Diesel Oil
2.4
150
800
700
Sub Bunker Fuel Oil
2.4
300
Line / Product
Mothballed and resting on Diesel
Prior to a vessel arriving at the Wharf, the Kurnell Terminal Shipping Scheduler prepares a Kurnell Berthing Schedule which includes timing of all vessel discharges. The Shipping Scheduler then prepares Shipping instructions for discharge of each vessel. A copy of the instructions for discharge is issued to Terminal Operations and reviewed by the Kurnell Terminal Operations Specialist before issuing the instructions to the Terminal Operations Coordinators. Once product has been received on Site at the Terminal the tanks are sampled. Samples are sent to the Kurnell Terminal Laboratory for testing and release. In addition, the following pipelines are owned and operated by Kurnell Terminal for distribution of slops from the Terminal to the wharf and vice versa. Table 2-5
Slops Pipelines from Kurnell Terminal to the Wharf
Line / Product
Length (km)
Diameter OD (mm)
Dry Slop 2
2.4
150
Dry Slop 1
2.4
300
Dry Slop 3
2.4
200
Wet Slop
2.4
450
All product receipt pipelines are fitted with cathodic protection. Operational surveillance is undertaken monthly of all pipelines as triggered by SAP PM. Engineering surveillance is undertaken annually of all pipelines as triggered by SAP PM. The following additional monitoring is undertaken of all pipelines:
Cathodic protection monitoring quarterly / 6 monthly Direct current voltage gradient (DCVG) survey of underground sections conducted every 5 years Pressure testing to AS 2885 every 2 years Visual inspections
The Wharf Maintenance Coordinator is responsible for maintenance, inspection, testing and servicing of pipelines from the Wharf to the Terminal. 2.4.2 Product Storage Product received via the Wharf is stored in tanks at the Terminal. Under SSD 5544 the Terminal shall not store in excess of 925 ML of refined product on Site at any one time. There are 55 aboveground storage tanks (ASTs) and one underground storage tank (USTs). 58 tanks are not in use and are in the process of being decommissioned and possibly demolished. A list of decommissioned tanks and tank locations are shown in the Site Layout Plans in Appendix A. Product storage is summarised in the following table. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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OE Review Date: 3/04/2020
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KURNELL TERMINAL OEMP
SSP Description:
Table 2-6
Product Storage
Tank #
Product
Capacity (kL)
Diameter (m)
Height (m)
Roof
T3
Firewater
10,704
30.5
14.6
Cone
T4
Firewater
10,704
30.5
14.6
Cone
T10
Water/slops
21,148
43
14.6
EFR
T11
Dry Slops
2,385
15.2
14.6
Cone
T12
Dry Slops
2,385
15.2
14.6
Cone
T13
Dry Slops
2,913
16.8
14.6
Cone
T102
Gasoline
28,621
50.0
14.6
EFR
T103
Gasoline
28,621
50.0
14.6
EFR
T104
Gasoline
28,621
50.0
14.6
EFR
T105
Gasoline
34,982
55.5
14.6
EFR
T125
Diesel
6,758
24.4
14.6
Cone
T127
Jet
6,626
24.4
14.6
IFR
T128
Diesel
4,452
21.3
12.8
Cone
T138
Diesel
4,452
21.3
12.8
Cone
T145
Diesel
10,654
30.5
14.6
Cone
T148
Diesel
4,452
21.3
12.8
Cone
T157
Jet
11,131
31.1
14.6
IFR
T158
Diesel
11,131
31.1
14.6
Cone
T159
Jet
11,131
31.1
14.6
IFR
T166
Jet
17,491
39.6
14.6
IFR
T168
Jet
11,290
32.0
14.6
Cone
T169
Jet
11,290
32.0
14.6
IFR
T204
Gasoline
17,491
39.6
14.6
EFR
T205
Gasoline
10,654
30.5
14.6
EFR
T209
Dry Slop
1,590
13.0
12.8
EFR
T251
Dry Slop
922
9.6
12.8
Cone
T252
Dry Slop
922
9.6
12.8
Cone
T318
Gasoline
4,770
21.3
14.6
EFR
T319
Dry Slop
3,180
16.8
14.6
EFR
T320
Dry Slop
3,180
16.8
14.6
EFR
T404
Diesel
8,745
27.4
14.6
Cone
T405
Diesel
8,745
27.4
14.6
Cone
T406
Diesel
17,491
39.6
14.6
EFR
T407
Diesel
17,491
39.6
14.6
Cone
T408
Gasoline
12,721
33.5
14.6
EFR
T409
Gasoline
12,721
33.5
14.6
EFR
T410
Gasoline
12,721
33.5
14.6
EFR
T411
Proposed Gasoline
19,081
40.8
14.6
IFR
T412
Proposed Gasoline
19,081
40.8
14.6
IFR
T413
Proposed Gasoline
19,081
40.8
14.6
IFR
T502
Diesel
17,491
39.6
14.6
Cone
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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OE Review Date: 3/04/2020
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SSP Description: Tank #
Product
Capacity (kL)
Diameter (m)
Height (m)
Roof
T512
Gasoline
28,621
50.0
14.6
IFR
T513
Gasoline
27,349
48.8
14.6
EFR
T601
Water/slop
42,614
61.0
14.6
IFR
T602
Water/slop
42,614
61.0
14.6
IFR
T603
Jet
42,614
61.0
14.6
Cone
T611
Slop
42,614
61.0
14.6
EFR
T612
Water/slop
42,614
61.0
14.6
IFR
T613
Jet
42,614
61.0
14.6
Cone
T633
Proposed Diesel
83,479
76.2
18.3
Dome
T634
Diesel
88,000
77.5
20.5
EFR
15D-18
Effluent
3700
32
5.2
Open
15D-26
Effluent
9440
35.1
9.8
Open
15D-27
Sludge
1438
13.7
9.8
Open
17D-61
Lab Waste Hydrocarbon UST
1,700
-
-
UST
Total (kL) for refined product (not including slops / water / firewater)
742,664
The Terminal also has a number of smaller tanks on Site which mainly contain additives, diesel supply for plant, fire foam and slops. The smaller tanks do not have overfill protection. The majority of these tanks are 150kL), nominal inspection periods for internal inspections are 10 yearly and external are five yearly. Depending on the history the intervals are varied, i.e. shortened and extended
For tanks with low flash materials the following additional controls are implemented:
Explosive vapour detectors within the bunds Triple infrared scanners on tank roofs CCTV in conjunction with infrared cameras as a confirmation for alarms
High level alarms are based on maximum pumping rates and critical high level as per the API 2350 4th Edition, as shown in Table 2-7. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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OE Review Date: 3/04/2020
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KURNELL TERMINAL OEMP
SSP Description:
Table 2-7
High level alarms based on maximum receipt pumping rates
Tank type
Safety Factor (below overfill level)
Floating Roof Tanks
Fixed Roof Tanks
min
mm 150
Critical High Level set at a minimum clearance of 150mm between the top of the roof seal to the foam pourer, overflow nozzle or rafter Tank High High Level (LAHH / LSHH) set below the critical high level
15
150
Level Alarm High (LAH) set below the tank LAHH
10
150
Maximum Working Level set below the LAH
5 75 or 150
Critical High Level set 75 mm below the foam nozzle or roof girder/rafter or 150 mm below the top angle of the tank (whichever is greater) Tank High High Level (LAHH / LSHH) set below critical high level
15
150
Level Alarm High (LAH) set below the tank LAHH
10
150
Maximum Working Level set below the LAH
5
Caltex undertook a review of the condition and capacity of the tank bunds at the Terminal during conversion. Caltex has committed that the bunding capacity for tanks retained in service will comply with the requirements of AS1940. Caltex conduct regular inspection programs on Site to monitor bund walls and identify if repairs are required. The routine T&I program includes inspections of and repairs to tank bund walls, at an approximate frequency of every 8-10 years in accordance with Caltex Tank Standards. Table 2-8
Bund Capacity and Area
Location
Total Bund Capacity (m3)
Total Bund Area (m2)
Bund Type
Drainage Controls
Tanks 11, 12, 13
4,199
3,445
Clay bund with clay/sand base
Isolation valve
Tank 102
27,468
7,509
Clay
Isolation valve
Tank 103
27,468
7,509
Clay with earth floor
Isolation valve
Tank 104
28,839
7,277
Clay with earth floor
Isolation valve
Tank 105
34,906
11,452
Clay
Isolation valve
Tanks 125
4,039
2,650
Clay with earth floor
Isolation valve
Tank 127
6,706
4,400
Clay with earth floor
Isolation valve
Tanks 128, 138, 148
6,863
4,503
Clay with earth floor
Isolation valve
Tank 145
3,344
2,194
Clay
Isolation valve
Tank 157
3,667
1,982
Clay bund with clay/sand base
Isolation valve
Tank 158
3,855
2,084
Clay bund with clay/sand base
Isolation valve
Tank 159
3,704
2,002
Clay bund with clay/sand base
Isolation valve
Tank 166
6,233
3,369
Reinforced concrete retention bund wall sitting on top of clay bund
Isolation valve
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
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SSP Description:
KURNELL TERMINAL OEMP
Location
Total Bund Capacity (m3)
Total Bund Area (m2)
Bund Type
Drainage Controls
Tanks 168, 169
9,972
5,452
Clay bund with clay/sand base
Isolation valve for external use
Tank 204
18,542
6,239
Clay bund with clay/sand base
Isolation valve
Tank 205
11,193
4,591
Clay
Isolation valve
Tank 209, 251, 252
3,315
2,175
Clay
Isolation valve
Tank 318
8,326
5,463
Clay
Isolation valve
Tank 319, 320
6,292
3,095
Clay
Isolation valve
Tank 404, 405
16,366
7,655
Clay bund with clay/sand base
Isolation valve
Tank 406
14,930
4,657
Clay and shotcrete
Isolation valve
Tank 407
14,897
4,443
Clay
Isolation valve
Tank 408
11,422
4,164
Clay
Isolation valve
Tank 409
12,313
4,489
Clay
Isolation valve
Tank 410
12,313
4,489
Clay
Isolation valve
Tanks 411, 413
9,974
4,676
Sand bund with earth base
Isolation valve
Tank 502
14,988
5,098
HDPE and Shotcrete
Isolation valve
Tank 512, 513
29,162
8,115
Clay and Sand
Isolation valve
Tank 601
42,706
11,678
Sand
Isolation valve
Tank 603
42,761
11,693
Sand
Isolation valve
Tank 611
41,424
11,775
Clay bund with clay/sand base
Isolation valve
Tank 612
43,423
11,874
Sand
Isolation valve
Tank 613
43,423
11,874
Clay bund with clay/sand base
Isolation valve
Tank 633
78,339
24,481
Clay bund with clay/sand base
Isolation valve
Tank 634
93,225
25,541
HDPE and Shotcrete
Isolation valve
The following tanks and their associated bunding are scheduled for demolition and are therefore not included in Table 2-8: Tanks 101, 124, 202, 203, 412, 602, 622 and 623. Other products including STADIS for Jet Fuel dosing, are stored in 20 litre drums or IBC. Caltex maintain a dangerous goods manifest for the site. 2.4.3 Product Delivery / Supply - Pipeline Management Each product is distributed via a designated subterranean pipeline under Botany Bay to the Caltex Banksmeadow Terminal or the JUHI at Sydney Airport for further distribution. These subterranean pipelines are only exposed within Kurnell Terminal, on the Kurnell Wharf, at Banksmeadow Terminal and at the JUHI. These pipelines are owned and maintained by Caltex. Transfers from the Terminal happen on a daily basis depending on demand from the receiving facilities. All pipelines have cathodic protection and volumetric leak detection. Warning signs are installed on the surface to indicate their presence underground. The pipelines are registered with Dial-Before-You-Dig. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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CALTEX – SUPPLY CHAIN OPERATIONS
KURNELL TERMINAL OEMP
SSP Description:
Table 2-9
Pipeline Distribution Description
Line
Description
WorkCover NSW Licence
Product
Diameter OD (mm)
Length (km)
Max Pumping Rate (kL / hr)
A Line
Kurnell Terminal to Banksmeadow Terminal
35/008406 35/011094
Gasoline
350
7.3
600
B Line Section 1
Kurnell Terminal to Bumborah Point
17/1955 2004/016336
Jet Fuel
250
4.3
400
B Line Section 2
Bumborah Point to Banksmeadow Terminal
18/1955 2004/016337
Jet Fuel
200
1.8
400
B Line Section 3
Banksmeadow Terminal to JUHI at Sydney Airport
19/1971 2004/016338
Jet Fuel
200
8.87
400
C Line
Kurnell Terminal to Banksmeadow Terminal
20/1955 2004/016339
Diesel
200
7.3
600
D Line
Kurnell Terminal to Banksmeadow Terminal
21/1955 2004/016340
Diesel
200
6.13
400
2.4.3.1 Pipeline Operations and Maintenance Maintenance of the pipelines is designed to maintain the long term integrity, functionality and operating capability of the asset. Maintenance is scheduled in accordance with the Caltex SAP Preventative Maintenance (SAP PM) system. In all cases sections of the pipeline that are at greater risk of failure or high safety or environmental consequence, have a higher frequency of maintenance and inspection (e.g. areas subject to third party encroachment or overwater section). Terminal pipelines within the Site are managed by the Infrastructure Operations Repair and Maintenance group (IO R&M group). Pipeline monitoring inspections are undertaken regularly under the Risk based Inspection (R&I) program to ensure the maintenance of the following:
Structure and integrity of the pipeline Operating conditions and practices Environmental condition of the easement
Monitoring inspections and reporting activities are conducted by ground surveillance by qualified contractors in accordance with the following schedule: Table 2-10
Monitoring and reporting of pipelines
Surveillance Activity Ground patrols
Location
Frequency
Reporting
Responsibility
Pipeline easements
Weekly
Weekly
Pipelines Coordinator
External pipelines are managed by the Pipelines Coordinator, external to Terminal Operations. The Pipelines Coordinator is responsible for maintenance, inspection, testing and servicing of external pipelines.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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SSP Description:
2.4.4 Air Emission Management Kurnell Terminal manages air emissions in accordance with EPL 837. The Site will be maintained in a condition which minimises or prevents the emission of dust. Air emissions from Terminal operations relate to standing and working losses from the storage tanks, and fugitive emissions from pipes, flanges, pumps and area sources including the Caltex Soil Remediation Facility and Oily Water Treatment system. Condition L2 of the EPL specifies Load Limits for the Site. The actual load of an assessable pollutant discharged from the Site must not exceed the load limit specified in Table 2-11. In accordance with condition M4 monitoring of actual loads of assessable pollutants is carried out through calculation rather than direct monitoring. Table 2-11
EPL 837 - Condition L2 Load Limits Assessable Pollutant
Load Limit (kg)
Benzene (Air)
6,000
Volatile organic compounds – Summer (Air)
-
Volatile organic compounds (Air)
3,000,000
Kurnell Terminal was issued a pollution reduction program (PRP) (PRP U16 VOC Emissions from Petroleum Storage). The PRP will be implemented over three parts. Part one and two have been carried out during the Conversion Project (under SSD 5544). Part three will be carried out as part of the ongoing tank maintenance program at the Terminal.
Part 1 - Pre-transition to Terminal - 4 External Floating Roof Tanks (EFRT) will be upgraded - Completion Date: 31 October 2014 Part 2 - Post-transition to Terminal - 6 EFRTs will be upgraded - Completion Date: 31 December 2017 Part 3 - Terminal Turnaround and Inspection - 2 EFRTs will be upgraded - Completion Date: 31 December 2020
2.4.5 Spill Containment and Response The following types of spill containment are present on site for minimising potential hydrocarbon impacts to surface water, groundwater, soil, and the surrounding environment. Table 2-12
Spill Containment Type
Description
Site Locations
Marine Oil Spill
Oil spill equipment (booms, marine vessels and absorbent materials). Oil spill response equipment is inspected and maintained for Caltex on an ongoing basis by National Maritime Services (SAP maintenance system with an M7 maintenance program).
Oil spill store and the Wharf.
Bunding of Dangerous Goods Storage
Bunds are constructed to meet the requirements of AS1940 (capable of holding contents of largest tank plus 20 minutes of firewater)
Refer to site map in Appendix A.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP Bund drainage and drain valve operation
Refer to site map in Appendix A.
Spill Kits
Hydrocarbon spill kits are available for use in smaller scale spills; however they can be used to restrict larger spills impact area. Absorbent material is located in large bins around the Site for use in conjunction with the spill kits. Spill kits are subject to regular inspections to ensure that they are kept fully stocked.
Numerous spill kits and clean up equipment are located in different areas of the Site in case of an emergency incident Refer to site map in Appendix A.
Oily wastewater system
The oily wastewater system has significant contingency arrangements, including tertiary containment capacity available in the event of a spill.
Oily wastewater system.
Incident and emergency response procedures are detailed in Section 5. 2.4.6 Stormwater and Oily Water Management
2.4.6.1 Stormwater Stormwater generated on the Site is collected in the Site’s stormwater system, treated where necessary and discharged off-site to three receiving water bodies, including:
Discharge by open drainage lines via the Quibray Bay stormwater basin to Quibray Bay through a narrow strip of the Towra Point Nature Reserve and the mangrove wetland; Discharge into Botany Bay at Silver Beach near the wharf; and Discharge to Marton Park Wetland primarily by infiltration.
Stormwater is managed under the Stormwater Management Plan, which was prepared as required by EPL 837 Pollution Reduction Program (PRP) U24.1 Stormwater Catchment and Management Plan. A revised Water Management Plan will be formalised in 2017 post completion of the demolition works on Site, in line with the consent conditions. The key water quality management strategy adopted by the Site has been to prevent, to the extent practicable, interaction between petroleum hydrocarbons and stormwater. Consequently the stormwater system only collects runoff from areas of the Site that have been designated low risk with respect to interaction with petroleum products, such as roadways and building roofs. Kurnell Terminal is divided into seven stormwater catchment areas. These stormwater catchments are described in Table 2-13. Table 2-13
Stormwater Drainage System Catchments
Catchment
Location Description
A
Eastern and northern area of the Site which includes the large eastern tank area.
B
Central area of the Site which contains majority of the ex-refinery process areas as well as offices, cafe, workshops and store houses; and western part of the Site which contains the wastewater treatment plant, western tank area, LPG loading area and storage plant, the Quibray Bay Stormwater Retention Basin and parking area.
C
Northern corner of the Site which includes main offices, former staff houses, gardens, employee car park and wetland. Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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SSP Description: D
An area between the former CLOR in the south west and the former refinery area.
E
South western corner of the Site (former CLOR site), which contains yard office, workshop, laboratory, maintenance, process units and vacant tank compounds.
F
South eastern corner of the Site, which predominately comprises relatively undeveloped land and a small area of tank compound, the Landfarm area (which is a bioremediation site), a recycling area, and a sludge lagoon.
G
North eastern undeveloped area mostly outside of the Site boundary, which is part of the Kamay Botany Bay National Park.
There are various retention and treatment systems incorporated into the Site’s stormwater system. The main Site catchments with the potential for interaction between petroleum products and stormwater are Catchments A and B, primarily along the pipeways. The systems incorporated into the stormwater system to regulate flow and discharge rates, and prevent discharge of impacted stormwater from the Site are as follows:
Provision for isolation of drainage in pipeways; Installation of manually operated skimmer pumps at pump transfer points (with pumping to the oily water sewer system); Ability to redirect stormwater to the intermediate sewer (Catchment B only); Retention in an on-site retention basin (Catchment B only); Discharge via siphon systems; and Treatment in oil/water/solids separators.
The area where the former CLOR was located (Catchment E) discharges off site without treatment, except any water that collects in the former CLOR oily water sewer system, which is now pumped to the Terminal’s Oily Water Management System (OWMS) for treatment in the WWTP. Catchments B, D, E & F comprise in the order of 70% of the total Site catchment area. These catchments all discharge ultimately to Quibray Bay via aboveground drainage lines passing through a narrow strip of the Towra Point Nature Reserve and the mangrove wetland on the northern side of Quibray Bay. Quibray Bay (and surrounds) is therefore the main receiving environment and is also the most environmentally sensitive of the current stormwater receiving environments. 2.4.6.2 Oily Water The OWMS at the Site collects process effluent and effluent from the areas of the Site where there is potential for interaction of water flows with petroleum products, for example the tank farm bunds. Oily water from a range of sources is collected in the Site’s OWMS and is transferred to the WWTP. Oily water is treated at the WWTP. The treatment process utilises physical, chemical and biological treatment to treat oily water. Treated effluent is discharged to the Tasman Sea via the ocean outfall at Yena Gap (EPL 837 Licence Point 2). Discharge from Yena Gap is monitored in accordance with EPL 837. 2.4.7 Groundwater Groundwater is monitored at multiple locations across the Terminal. Quarterly groundwater monitoring is undertaken in accordance with the existing Groundwater Monitoring Plan for the Terminal. This includes quarterly gauging and monitoring of groundwater wells and testing for pH, conductivity, temperature, dissolved oxygen, TPH and BTEX. Sampling of groundwater wells 15 and 16 in accordance with EPL clauses P1 and M2 is undertaken as part of the wider quarterly Terminal monitoring rounds. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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SSP Description:
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2.4.8 Wharf Operations The Kurnell Wharf is located on the southern shore of Botany Bay to the west of the Kurnell Peninsula Headland and extends approximately 1 km into Botany Bay off Silver Beach. The Wharf is operated by Caltex and an area of Botany Bay around the Wharf is leased from the NSW Government. This area is used exclusively by Caltex for berthing ships to allow loading and unloading to take place. The Kurnell Wharf is the sole entry point for the Terminal’s finished petroleum product imports. It comprises the Kurnell Wharf (a 1 km jetty structure), at the end of which are two fixed shipping berths (numbered: #1 and #2) located either side of a breasting island. There is also a submarine berth (sub berth), located off to the west of the fixed berths; a ship turning circle; and associated approaches that interface with the main Botany Bay Shipping Channel. The sub berth has a ‘sub diesel flushing line’ which is 2.4km long and connects to the Wharf. The flushing line is used for cargo/ship diesel line flushing. In addition, slops from the Terminal are sent to the Wharf for back loading to ships before being sent for redistribution to other storage terminals. Product receipt pipelines from the Wharf to the Terminal are discussed in Section 2.4.1. The unloading controls are covered procedurally with Terminal Coordinators and Port Authority NSW (PANSW) overseeing the connection of the marine loading arms to ensure there are no spills and that the flanges hold when up to full pumping pressure. The Wharf has one AST located under the Wharf which is used in the event that a pipeline needs to be drained due to a leak or other emergency. The tank is 37.3 kL. The tank has a concrete bund. The Terminal has Distributed Control Systems (DCS) for flow/pressure indication and receiving/loading tank levels, along with local pressure indicators for reference during loading/discharge to ensure the transfer is conducted safely and closed operations as per the Australasian Ship/Shore Safety and Operational agreement signed by the Terminal Shore Officer, the PANSW Officer and the Chief Officer of the vessel. Terminal Shore Officers are trained over a four day course run by Caltex, which involves a theoretical component and practical assessment with at least 8-10 vessels before they are signed off as a Shore Officer. Equipment related to the maintenance is stored near the Prince Charles Parade end of the Wharf. Emergencies at the Wharf are managed in accordance with the Kurnell Terminal Marine Oil Spill Response Plan, as discussed in Section 5.9.1. 2.4.9 Biodiversity, Vegetation and Weed Management The Site is extensively cleared however remnant patches of vegetation of significant ecological value are in the near vicinity of the Site, including:
Marton Park Woodland and Wetlands (a Groundwater Dependent Ecosystem including fringing Swamp Oak Floodplain Forest) Towra Point Nature Reserve (Ramsar wetland) Towra Point Aquatic Reserve Kamay Botany Bay National Park The Terminal currently shares the Demolition Biodiversity, Pest and Weed Management Plan (September 2015), under the Demolition Environmental Management Plan (CEMP), with reference to the Weed Management Plan for Native Bushland (Kurnell Weed Management Plan Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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OE Review Date: 3/04/2020
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2012) (UBM Ecological Consultants, 2012), The Weed Management Plan provides guidelines for the rehabilitation and management of native plant communities on the Site and on the adjacent land owned by Caltex. The plan provided weed control strategies to protect native vegetation within the Terminal and prevent the spread of weeds into Kamay Botany Bay National Park. Although the Kurnell Weed Management Plan includes references to previous refinery activities, the details still represent the Site as a terminal. The current Biodiversity, Pest and Weed Management Plan will be reviewed at the conclusion of the demolition works and where required, the plan will be updated. In addition to managing weeds within the Terminal, the following areas are maintained by the Terminal:
Eastern ROW which contains various pipelines that run between Kurnell Wharf and the Terminal. These pipelines are underground. Western ROW contains the redundant cooling water outlet line that runs between the Site and Botany Bay. This pipeline has been blinded therefore is no longer in use. The cooling water pipeline is scheduled for removal as part of demolition works discussed in Section 2.5.15. Land to the south of the Terminal adjacent to the Kamay Botany Bay National Park Part of Marton Park wetland
2.4.10 Waste Management The Terminal currently shares the Waste and Resource Management Plan (dated September 2015) developed for the Kurnell Terminal Demolition Project Environmental Management Plan (DEMP). A number of internal waste procedures are shared with the Demolition Project and include the Environmental Datasheet for Kurnell Site Waste Streams (last updated August 16). This data sheet identifies all the waste stream for the activities listed in 2.3 of this OEMP. The nominated Environmental Representative for the Demolition project assists the Terminal in the management waste for on-site or off-site disposal, as required. 2.5.11 Fire Fighting Training Area The Fire Fighting Training Area is currently used on as needs basis for various fire training activities. These activities may involve controlled hot fire training. The Fire Fighting Training Area is controlled by the Terminal Operations Manager and/or their delegate. All training involving the use of fuels, fire pans and hot fires must be approved prior to the training taking place and hot work permit issued. Approval may only be granted after a request is submitted, supported by a risk assessment and Training Plan or Job Safety Analysis. The Terminal Operations Manager and/or their delegate only grants approval after taking into account:
Risk control details in the request Local weather and wind conditions and forecasts Any fire ban declarations
Interested parties on Site such as the Terminal Operations team, Demolition Project Team, HSSE and the Security team are also notified prior to the planned event. Small volumes of fuels are brought to the Fire Fighting Training Area as needed for Fire Extinguisher and Hot Fire training and then removed. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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2.4.12 Caltex Soil Remediation Facility The Soil Regeneration Facility pilot trail had been operating at the Terminal since October 2013 and ceased operation on 31 December 2015. The pilot has been replaced by the Caltex Soil Remediation Facility to treat hydrocarbon impacted soil by bioremediation. The Caltex Soil Remediation Facility has been designed to receive and treat hydrocarbon impacted soil to allow the treated material to be beneficially reused as engineered fill. The Caltex Soil Remediation Facility became operational in May 2016. The Caltex Soil Remediation Facility can treat up to 80,000 tonnes of soil per annum with 13 active biopiles. The material to be treated primarily comes from service station sites and from within the Terminal, however the Caltex Soil Remediation Facility will be able to accept hydrocarbon impacted soils from any source provided it complies with the Soil Acceptance Protocol and Validation Plan (SAVAP). The Caltex Soil Remediation Facility is managed under the Caltex Soil Remediation Facility Environmental Management Plan (CSRF EMP), including sub plans for noise, air quality, soil and water, biodiversity and weeds, heritage, waste and traffic. The CSRF EMP is specific to the day to day requirements during construction and operations being carried out at the Caltex Soil Remediation Facility. The monitoring and reporting requirements are detailed in the CSRF EMP and ‘Work Procedure 03 Biopile Monitoring and Maintenance’ and have not been repeated here. WSP/PB are responsible for the operation of the Caltex Soil Remediation Facility. A detailed list of responsible persons for the Caltex Soil Remediation Facility is provided in the CSRF EMP. 2.4.13 Jet Fuel Treating Unit The Jet Fuel Treating Unit treats off-spec imported jet fuel via sand filters, salt driers and clay filters. Jet fuel is introduced to the units via one of the Jet Fuel Transfer Pumps 9G-109, 9G-112 or 9G-40X. The sand filters coalesce and remove free water and larger particulates. Free water is removed to drain on automatic level control. Jet Fuel enters the salt driers through a salt bed and filters out the salt water which drains on level control. In the final stage, jet fuel is treated in the clay filters which remove surfactants by chemical bonding to clay particles. Level sight glasses are installed on the vessels. Pressure differential across the treater beds is measured and indicated at the DCS with process alarms. As jet fuel treating in Terminal mode is an irregular event, the following safeguards against loss of containment due to valve failures are implemented:
Deviation and process alarms on flow rate, pressure and levels to alert operator to take corrective action Routine monitoring through DCS when unit is online Safe Operating Limits procedure Radio communication between field and panel operators Overpressure protection on vessels and lines with pressure safety valves Ability to isolate and bypass individual vessels and/or entire process unit Automated flow control Operator training Manning during the periods when jet fuel is treated at the plant Process and Instrument Diagrams are up to date and reflect what’s in the field Electronically Controlled Document. Refer to online document for current version.
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Title: Caltex Kurnell Terminal OEMP
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Owner: Kurnell Terminal Ops Manager
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Personal protective equipment to be worn within process unit Permits must be obtained prior to work commencement
The following monitoring of the Jet Fuel Treating Unit is implemented:
PSVs are checked on a 6-monthly schedule. Records are kept electronically by the Maintenance Coordinators 5 yearly remove and test of all PSVs Turnaround and inspection Real-time field measurement of flow, pressure, levels and temperature are relayed back to the Terminal control room and monitored for deviations. Entry to unit must be sought with Terminal Coordinators
The Terminal Coordinator is responsible for the operation of the Jet Fuel Treater. The Terminal Coordinator is trained on the normal operations, start up and shutdown of the Jet Treating Unit, loading and unloading of clay, back flushing of sand filters, preparation of vessel lock out tag out and conduct weekly checks of equipment safety box. 2.4.14 Laboratory The Kurnell Terminal Laboratory is an NATA accredited laboratory and operates 5 days a week and the opening hours are from 7.30am to 4.00pm. These times can also vary according to workload or shipping schedules to cover required testing and reporting. The Terminal Laboratory is capable of undertaking a wide range of analysis on a variety of products such as:
Gasoline Jet Fuel Automotive Diesel Effluent Monitoring
Upon arrival, samples are logged in and tests are assigned by the Terminal Chemist as per the Terminal sample schedule and/or requested testing. All samples are then allocated a unique identification number enabling tracking of results through the Laboratory Information Management System (LIMS) database. The laboratory sample waste is currently decanted into a hydrocarbon waste tank located at the Terminal Operations Building. Retained samples are decanted into an underground storage tank located at the old laboratory. 2.4.15 Activities Undertaken on the Site Outside of Terminal Operations
2.4.15.1 Decommissioning and Demolition Caltex are in the process of converting the Kurnell Refinery to the Kurnell Terminal. Caltex received development consent (SSD 5544) for completing the first phase of the Project (the ‘conversion works’) and has largely completed these work. Caltex has also received consent to complete the ‘demolition works’ to remove redundant infrastructure at the Site. Both the conversion works and demolition works are critical to establish a viable, safe, reliable and sustainable finished product import terminal at Kurnell.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
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SSP Description:
The demolition works involve the demolition, dismantling and removal of refinery process units, redundant tanks, redundant pipelines, redundant services and redundant buildings as well as associated minor civil works and waste management activities. These works commenced in late 2015 and are anticipated to be completed by the end of 2017. The proposed schedule for demolition works is shown in Table 2-14. Table 2-14
Proposed Demolition Schedule Task
Indicative Date
Demolition of Refinery Process Units
3Q 2015 – End 2016
Demolition of Tanks
Mid 2016 – 3Q 2017
Pipeline Removal
Start 2016 – End 2017
Demolition of Buildings
Mid 2016 – End 2017
Concrete Crushing
4Q 2017
All demolition works carried out under SSD 5544 MOD 1 will be managed in accordance with the Demolition Environmental Management Plan and sub plans.
2.4.15.2 Remediation Activities Remediation activities are managed by a central Caltex group and are not part of Terminal operations. Remediation activities taking place on the Site include:
Jet Fuel Remediation: A groundwater remediation system to remediate a jet fuel plume has been in operation since 2009. This system will continue to operate until at least 20182020. The Jet Fuel Remediation system is managed in accordance with Sutherland Shire Council Development Consent conditions and Caltex’s quarterly groundwater monitoring program. Limestone Pits Remediation: Limestone pits waste encapsulation and phytoremediation of groundwater to remediate phosphorus impacts. Encapsulation works conducted 2012, phytoremediation is ongoing. The Limestone Pits Remediation is managed in accordance with Sutherland Shire Council Development Consent Conditions and an associated Environmental Management Plan for maintenance and monitoring of the remediation area. Road 7 Air Curtain: Bioremediation of petroleum groundwater contamination. In operation since around 2001. The Road 7 Air Curtain is maintained and managed through ongoing commitment by Caltex to NSW EPA. Condition E2 of EPL 837 references the documents through which Caltex has provided this commitment to NSW EPA.
2.4.15.3 Landfarm The Landfarm is used to allow degradation of the hydrocarbon content of oily sludges, tank bottoms, or contaminated sand/soil. Access to the Landfarm is controlled through the use of a Waste Disposal Permit. The Landfarm is a lined area in order to protect the water table. It has dedicated intake points for solids and pumpable sludge’s. EPL 837 requires monitoring of groundwater to be undertaken at Point 15 and 16 at the Landfarm. As part of an EPL, PRP Caltex is committed to evaluate alternative options for the sustainable management of oily wastes and sludges that will facilitate Caltex to cease land farming at the premises.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
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Environmental Conceptual Model
A diagrammatic conceptual site model, showing potential site environmental interactions is presented in Appendix A.
3
Enterprise Management Systems
3.1
Management Systems
All employees and those involved in site’s operations are required to abide by the Caltex Environment Policy. A copy of the Caltex Policy is contained in Appendix B. Implementation of policy commitments enables Caltex to achieve its aim to ‘operate in such a way as to minimise adverse impacts on the environment and communities in which it operates.
3.2
Operational Excellence Management System (OEMS)
The Caltex Operational Excellence Management System (OEMS) describes Caltex’s systematic approach to managing and driving Operational Excellence. It is understood that a foundation of operation excellence is critical to sustaining our performance and culture over the long term. The OEMS uses a management system process to provide structure and guidance to manage hazards and compliance responsibilities effectively and to drive continual improvement. The Operational Excellence vision is “Excellence in operation leading to zero incidents and efficient use of resources.” In order to achieve this OE Vision Caltex will:
Apply the Operational Excellence Management System to each part of the business; Set specific objectives in the Board Direction for improving OE performance; Ensure leadership engagement and a shared accountability by all for improved results.
The OEMS process consists of three parts: 1. Operational Excellence Processes: The OEMS consists of 22 processes that outline the way all operational excellence hazards are managed within our business. Each process describes an element for achieving incident-free operations and each process consists of three levels of documents. a. The ‘Process Overview’ document describes the overall process, objectives, roles and responsibilities, performance indicators and process verification, measurement requirements. b. The ‘Sub-Process’ documents, which consist of internal guidelines and standards, to assist the various departments in achieving the process objectives. c. Local work instructions and operational procedures.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
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d. Element 14 of the OEMS is Environmental Stewardship. This element provides the necessary procedures, guidelines and operating standards for ensuring effective environmental management at all depots and aviation facilities. 2. Leadership and Accountability: The foundation of success in operational excellence is for it to be embedded in the Caltex culture. The most important factor in establishing this is strong, accountable leadership. 3. Monitoring and Governance: Maintaining high performance in operational excellence requires discipline in measuring performance, acting on the results and ongoing planning and execution of work necessary to close gaps and continuously improve in safety, health, environment, reliability and efficiency aspects of our business. A detailed description of the OEMS and all 22 elements is provided in document SD100396 “An Overview of the OEMS”, is located on the Marketing Operational Excellence SharePoint page.
Figure 3-1
3.3
Operational System Overview
Loss Prevention System (LPS)
To assist in the management of environmental issues, the Caltex LPS has been applied as a common core of the OEMS to prevent, firstly losses from occurring, and, secondly, to ensure any spills, leaks and near misses are recorded and managed. All employees are expected to, report loss and near loss incidents associated with their work area and all employees have access to the LDS database. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
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For Caltex, a loss is defined as any unplanned incident that has a negative impact on people and/or business. Caltex has extended the traditional “safety”-based LPS to one which encompasses both safety and non-safety business procedures. The goal of Caltex is to prevent or reduce the occurrence of all losses, including:
Personal injuries Equipment or property damage (includes motor vehicle accidents and fires) Product quality/supply losses (includes releases and product integrity) Agency inspections/warnings/violations Operational or system Inefficiencies Financial losses (incorrect billing; incorrect vendor payment) Near losses Environmental incidents
The LPS is made up of the following five tools:
Stewardship Job Safety Analysis (JSA) or Safe Work Method Statement Safe Performance Self-Assessment (SPSA) Loss Prevention Observation (LPO) Loss Investigation or Near Loss Investigation (LI/NLI)
Safety Alerts and Bulletins are used to capture key learning’s from loss and near loss incident investigations and disseminate them throughout the organisation and relevant contractors.
Figure 3-2
4
Loss Prevention Systems
Environmental Management System (EMS)
This OEMP incorporates and documents the EMS. The EMS consists of the following:
A site risk assessment which establishes the site Environmental Risk Register Identifies the aspects and impacts associated with site activities Identifies significant aspects and critical controls Identifies of legal and other requirements Describes the process for review Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
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Appendix I provides a matrix that identifies the elements of the EMS as they relate to this document
Caltex Risk Management Framework (CRMF)
The Caltex Risk Management Framework (CRMF) is a corporate-wide management system designed to ensure that risk is addressed proactively and systematically. The CRMF consists of:
the Caltex Risk Management Policy the Caltex Risk Management Process the materiality levels for risk reporting (Chevron Integrated Risk Prioritization Matrix) company-wide definitions that provide a common language for risk management the CRMF database, in which each of the identified risks and controls for a department are registered along with any associated Control Improvement Plans (CIPs)
Within Marketing, the OEMS underpins and supports the CRMF. Identified risks areas are ranked and corresponding control improvement plans (CIP’s) are developed and implemented. The identification, documentation and management of environmental aspects and impacts are in accordance with this system.
4.2
Caltex Risk Management Framework Reviews
The high-risk scenarios, and associated CIPs, are monitored quarterly and reported to the Board of Directors annually by the corporate Operational Excellence and Risk department. Periodic internal audits are conducted providing an independent review of the framework.
4.3
Site Environmental Risk Assessment
A detailed risk assessment of environmental aspects and potential impacts has been undertaken at a master risk workshop for Supply Chain Operations sites and forms the basis of the Kurnell Terminal Environmental Risk Register (Appendix F). Any additional site specific environmental aspects and potential impacts have been added by the Terminal Operations Manager, and the risk levels adjusted if necessary to reflect site conditions. In addition Caltex has undertaken a detailed risk assessment for each site as part of the OH&S management of the site. This risk assessment process identifies the potential environmental harm that may occur from routine operations, and establishes and documents measures to mitigate the impact as far as reasonably practicable. The results of the risk assessment are used to develop site specific environmental management plans, environmental improvement plans and specific performance targets and objectives. Participants in the workshop identified the environmental aspects of all site activities, products and services and significance of these aspects to Supply Chain Operations site operations. The identification and significance determination was undertaken using a team based risk assessment approach and includes:
Identification of activities undertaken by Caltex; Identification of environmental aspects associated with each activity; and Determination of the inherent risk of the aspect (risk without controls put in place by Caltex). Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
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For each aspect identified the team then determine the associated controls mechanisms in place to minimize the risk, assess the effectiveness and criticality of the controls and determine the residual risk of the aspect (risk with controls in place). The Chevron Integrated Risk Prioritization Matrix (see Appendix E) is used for the assessment of environmental risks from an event or activity, and ensures a consistent and documented process for risk classification. Table 4-1 Risk Levels and Associated Management Requirements identifies the actions required in accordance with the matrix. Table 4-1
Risk Levels and Associated Management Requirements
Risk Level
Risk Management Requirement
1 to 4
Short-term, interim risk reduction and development of a long-term risk reduction plan.
5
Additional long-term risk reduction. If no further action can be reasonably taken, management approval must be sought to continue the activity.
6
Risk is tolerable if reasonable safeguards/management systems are confirmed to be in place.
7 to 10
Manage risk. No further risk reduction required. Risk reduction at management/team discretion
4.4
Review and Update of Environmental Risk Register
The Facility Environmental Risk Register will be reviewed every three years at a minimum, as part of the OEMP review and following a major incident. Additional reviews can be undertaken as needed. Reviews are to consider changes to aspects and controls identified through the following:
Job Hazard Analysis (JHA) records inspections and audit reports incident, near miss, aspect and non-conformance investigation reports identification of aspects brought about by change, such as:
4.5
Changes in legislative requirements Management of Change processes Major Hazard Facility (MHF) assessments; and Hazard identification during the design process for operational modifications (e.g. HAZOP)
Identification of Mandatory (M) Rating for Environmental Aspects
For each environmental aspect the assessment team identifies and documents whether a Mandatory (M) rating is applicable. An aspect is identified as Mandatory if:
There are compliance issues related to the impact, e.g. If there are environmental licence conditions that Caltex is required to comply with, and If there has been a known incident in relation to the environmental impact
This mandatory rating, by default, will give the environmental aspect a higher priority during the business planning process.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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Identification of Significant Environmental Aspects
Significant environmental aspects are identified and documented in the Facility Environmental Risk Register. An aspect is considered significant if the calculated inherent risk rating has a value of:
less than or equal to 4, or 5M (where M stands for “Mandatory”)
After consideration of control mechanisms each aspect is re-ranked. If the residual risk rating has a value of less than or equal to 4, the environmental aspect will be captured with an Environmental Action Plan (EAP). If the residual risk is in the range of 6 – 10, the environmental aspect will be captured in monitoring and compliance programs. Details of environmental action plans (EAP’s) are provided in the Environmental Risk Register. Compliance to, and completion of, the EAP will be tracked and reported in accordance with the quarterly OEMS governance review process.
4.7
Identification and Classification of Control Types
The assessment team will identify the control type used to reduce environmental risks, choosing between physical, system or behavioural controls (see below). The appropriate letter (P, S or B) is documented in the Facility Environmental Risk Register.
Physical controls (indicated by a “P”) can include physical barriers, alarm systems, increased use of mechanical equipment etc. System controls (indicated by an “S”) can include work permit systems, up-to-date operating procedures, internal audits or inspections etc. Behavioural controls (indicated by a “B”) can include the competence of staff in undertaking relevant activities, the training of staff, use of audits and LPO’s to verify the correct use of standard work procedures etc.
The assessment team will also identify the effectiveness of the control measure used to reduce environmental risks. The appropriate letter, “H”, “M” or “L” (representing high, medium or low) is to be entered into the Register.
4.8
Legal Obligations
A summary of relevant legislation and applicable guidelines is outlined in the ‘Legislation and Other Guidelines Register’ (see Appendix D). The register provides a paraphrased summary of the relevant aspects of the legislation or guideline. In the event of an issue being relevant to a particular situation the exact wording within the legislation will be reviewed and the Caltex legal team and Senior Environmental Specialist will be consulted. Additionally recognised guidelines, policies and Australian standards are to be employed during the operation of the site and the relevant guidelines and standards are summarised in the ‘Legislation and Other Guidelines Register’ (see Appendix D). A high level summary of environmental legislation relevant to all Caltex operated facilities is also contained in OEMS Process 14.1 Environmental Compliance.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
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The OEMS Process 14.1.1 Distribution Licence Compliance and Reporting Calendar provides a site specific summary of monitoring, reporting and general operational obligations that apply for all licensed sites. The Senior Environmental Specialist is responsible for keeping up-to-date with applicable environmental legislation and industry standards that relate to environmental aspects. Caltex prescribe to a quarterly legislation update, provided by SAI Global. The quarterly updates are reviewed to identify which legislative changes may be relevant to the Supply Chain Operations. When legislation changes are assessed to be relevant to the operations the Senior Environmental Specialist will work with the Terminal Operations Manager using a Management of Change process to facilitate the review of site operations, and for management controls to be implemented/amended, to comply with legal requirements.
4.9
Relevant legal requirements are communicated to the Terminal Operations Manager The OEMP is updated to reflect relevant legal requirements OEMS Process 14.1 Distribution Licence Compliance and Reporting Calendar is updated
Identify Specific Legal or Other Requirements
Legal and other requirements are captured and documented in the Environmental Risk Register, using the following process. Legal and other requirements are relevant to environmental aspects:
An environmental aspect can have a legal impact for noncompliance, and/or A control related to an environmental aspect can be a legal requirement
The relevant legal and other requirements for each environmental aspect has been identified and documented in the Environmental Risk Register, as follows:
4.10
The details of the consequence for non-compliance with relevant legal and other requirements is detailed Controls are identified as a legal requirement if applicable (Y/N) Controls are identified as critical if applicable (Y/N)
Approvals Register
Site activities need to comply with relevant conditions of approval. The Kurnell Terminal Approvals Register (see Appendix C) identifies current licences, permits and consents obtained by Caltex for the site. Up-to-date approval details are maintained in a central location by the Caltex Senior Environmental Specialist and by the Terminal Operations Manager at the site office. The status of any approvals and any changes in conditions are updated in the OEMP by the Caltex Senior Environmental Specialist as part of the OEMP review, and are re-distributed to relevant site personnel by the Terminal Operations Manager, as required.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
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4.11
KURNELL TERMINAL OEMP
Environmental Improvement Actions
Environmental improvement actions have been identified for significant aspects which require additional control or management, in line with Caltex objectives. These are documented in the Environmental Risk Register, as follows: 1. All monitoring and compliance programs identified for aspects ranked 5M or 6-10 are captured 2. All improvement programs identified for aspects ranked 1-5 are captured 3. All legal and other requirements are captured 4. Reference to the identified control mechanisms is made
5
Site OEMP Implementation
5.1
OEMP Management
Management responsibility for the implementation of this OEMP is delegated to the Terminal Operations Manager. This position oversees the management of environmental risks and is responsible for ensuring the OEMS and OEMP is reviewed and modified to accommodate changing site operations, environmental risk and legislative requirements. Reviews and modification of this OEMP is undertaken by the Caltex Senior Environmental Specialist (Licensing), in consultation with the Terminal Operations Manager. A copy of this OEMP and related documents are stored electronically on SharePoint and maintained on-site by the Terminal Operations Manager. This OEMP is accessible to site personnel and subcontractors.
5.2
Organisation Structure
The Caltex Kurnell Terminal organisational structure is shown in the Organisational Chart presented in Appendix G.
5.3
Environmental Roles and Responsibilities
Caltex OEMP’s operate within the OEMS framework, and are a site-specific document related to the operation of the Kurnell Terminal facility. It is the responsibility of all site personnel, including contractors and sub-contractors, to comply with the objectives and requirements of this OEMP and related documents. The Terminal Operations Manager is ultimately responsible for ensuring this occurs. A description of the site team’s environmental responsibilities is provided in Table 5-1. Table 5-1
Roles and Responsibilities
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SSP Description:
Title
KURNELL TERMINAL OEMP Name and Contact Details Alexandria Lovell (02) 8543 8507 0413 250 961
Responsibility Overall site environmental management and due diligence. Direct activities in accordance with this OEMP. Maintenance of current OEMP at the site. Reporting under this OEMP (including emergency response notification and completion of the biannual Monitoring and Reporting Register). Approval of OEMP revisions. Ensure that all site personnel are aware of any changes to this OEMP.
Terminal Operations Manager
Ensure that all site personnel, including visitors, are appropriately inducted and comply with requirements of this OEMP. Compliance with permits, local council guidelines and regulatory requirements. Approval of any chemicals entering the site. Authorised to approve environmental compliance works to be undertaken. Authorised to approve funding (operational expenditure to implement environmental compliance works). Authorised to approve emergency and incident response works and funding. Community consultation.
Terminal Operations Specialist (3)
Dane Isemonger (02) 8543 8514 0415 475 195
Plan for and supervise safe ship to shore import activity.
Steve Seaton (02) 8543 8529 0417472352
Supervise pipeline operations to ensure safe and effective use of the DCS and SCADA systems, providing direction in pipeline emergencies.
Trevor Malone (02) 8543 8535 0410323774
Plan for and supervise the daily operations of the Terminal to receive, store and blend products and ensure safe transfer of products that result in no injuries, spills or incidents.
Monitoring of contractors, effective procurement within budgets, and monitoring of employee performance. Manage inventory by coordinating with supply/demand functions and applying product integrity processes to ensure product specifications are met. Coordinate and oversee marine equipment R&M program for Kurnell Terminal marine facilities.
Wharf Maintenance Coordinator
Ramon Hayes (02) 92505979 0434008349
Project management of R&M preventive & repair programs via efficient planning, scheduling, execution (with safety paramount), monitoring/reporting (cost/schedule/quality), and implementing improvements from lessons learned. Coordinating R&M/Engineering/Operations team members/Contractors involved with preventive & repair work on marine equipment.
Pipelines Coordinator
Robert Moore (02) 9695 3686 0411 252 394
Overall pipelines environmental management and due diligence. Direct activities in accordance with the OEMP. Reporting under the OEMP. Approval of OEMP revisions, relevant to pipelines.
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Title
KURNELL TERMINAL OEMP Name and Contact Details
Responsibility Compliance with permits, local council guidelines, and regulatory requirements. Pipelines emergency response manager. Community consultation.
Amanda Basten (02) 8543 8591 0407 959 572
Responsible for coordinating and leading the maintenance of the ISO 9001 and 14001 accredited systems for Kurnell and the drafting and implementation of a strategy to integrate ISO 14001 accreditation across Caltex Terminals and Caltex Lubricants. This role includes but not limited to:
ISO & Environmental Systems Specialist
Plan and coordinate internal and externals audits Maintenance of the quality and environment systems that support accreditation Capture and report on key quality and environment metrics employee QMS and EMS training Supporting National Environment Manager and Senior Environment Specialist Licensed Sites Review of this OEMP and associated documents, including distribution to site. Provision of professional environmental advice and services. Provide support and assistance for that all site identification and delivery of appropriate environmental awareness training.
Caltex Senior Environmental Specialist (Licensing)
Ensuring that audits are carried out.
Dr Jos Kusters (02) 9668 1093 0478 303 105
Reporting to Terminal Operations Manager on performance of this OEMP and improvement opportunities. Development and implementation of environmental/compliance work programs. Authorised to identify and develop yearly budgets for environmental works. Reporting non-conformance or corrective actions to third party stakeholders.
Senior HSSE Specialist NSW
Luke McNamara (02) 9250 5505 0452 075 480
To provide HSSE specialist support to Kurnell Terminal Operations to achieve ongoing compliance to Caltex and legislative requirements and continuous performance improvement. Identification of system improvements. Oversee and support OEMP Management. Provide input during review of the OEMP to allow system improvements to achieve continued HSSE improvement.
Senior HSE Environment Specialist (Demolition)
Dora Ambrosi-Wall (02) 9668 1580 0434 149 971 041 204 24 55
Assists Terminal Operations team in the management of waste for on-site or off-site disposal, as required. Assists in the assessment, investigation and response to environmental issues (e.g. internal and external complaints, RFCs, odour complaints, new projects, etc.).
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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SSP Description:
Title
KURNELL TERMINAL OEMP Name and Contact Details Oliver King (02) 9250 5339 0432 099 154
Commercial and Operations Manager CSRF
Responsibility Responsible for the operational management of the Caltex Soil Remediation Facility. Management of key stakeholders (government and community) in relation to activities at the Caltex Soil Emendation Facility. Responsible for managing EnviroPacific Services (EPS) who are a key partner of Caltex to assist with the on-site acceptance of soil, building of engineered bio piles, optimising remediation of soil, movements of soils with the remediation compound, confirmation testing of remediated soil, and relevant monitoring (under the EPA and Council approvals). Complete a site induction and other required training before commencing work on site.
All employees and Contractors
Ensuring their areas of control, works and associated personnel comply with the requirements of this OEMP and related documents. N/A
Respond to any environmental incidents immediately; reporting any incidents, non-conformance or corrective actions. Facilitate a ‘continuous improvement’ approach by raising any issues and opportunities for improvement of practice with the Terminal Operations Manager. Participate in environmental audits and implement any corrective actions.
5.4
Training, Awareness and Competence
Caltex has implemented an organisation Learning Management System (LMS), which allows individual training needs to be assigned, deliver on-line competency based training materials and track currency and completion of training requirements. The Caltex LMS helps drive organisational excellence by enabling a disciplined approach to aligning, developing and managing people. Benefits include:
Enhanced capability to meet compliance reporting, auditing and corporate governance requirements Increased productivity, sales and service effectiveness Reduced personnel development and training costs Improved organisational agility and execution
Details of specific training programs relevant to distribution facilities are detailed below. 5.4.1 National Site Inductions Caltex has adopted a national induction program for distribution terminals and depots. This package provides a standardised structure and content and format which must be completed by all staff, contractors and drivers. Additional modules are provided for bulk transport drivers and contractors, to highlight the policies, procedures and requirements specific to each group.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 38 of 61
Version: 2.0
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The induction includes an on-line component and a site familiarity component. Inductions must be renewed every two years. 5.4.2 Permit to Work Training Permit to work issuer training is required for all Caltex personnel who will be issuing work permits at the Kurnell Terminal site. Permit Issuer training is delivered via six computer based training (CBT) modules. Competency is assessed by completion of a quiz at the end of each module. The pass mark is set at 100%. Cold, hot, excavation and confined space entry work is covered under the permit to work system. The modules cover all the operational, safety and environmental requirements for issuing and managing work at the Kurnell Terminal site. High risk work permits require a second person review and sign off before a permit is issued. There is a separate competency based CBT module for permit receivers. 5.4.3 Environmental Awareness Training All Caltex operations personnel are required to complete on-line environmental awareness training. This training provides information on the operation and management of environmental pollution control equipment, assessment and control of environmental risks, requirements for licence and legislative compliance and incident response. 5.4.4 Notification of Environmental and Pollution Incidents All Caltex operations personnel and Caltex bulk transport drivers are required to complete on-line notification of environmental and pollution incidents training. This training provides employees with the correct process to follow for the internal and external notification of environmental and pollution incidents. 5.4.5 Spill Response Training All Caltex operations personnel and Caltex bulk transport drivers are required to complete an online spill response training package. The training describes the requirements for prevention and reporting of spills and the correct process for response and clean up. 5.4.6 Contractor Prequalification Program All major contractors who require site access are assessed for pre-qualification before the site can engage them to undertake work. Information, such as environmental and safety plans, injury and incident rates, environmental licences and insurances, are provided and assessed by IS Networld against Caltex and standard global criteria. A Caltex contract owner is then assigned to each contractor. IS Networld assign a grading to each contractor and track the currency of all documents and send an automatic prompt to contractors when information is due to expire. Contractors conducting high risk work must achieve a grade of A or B before they can be engaged by Caltex. If the information expires, that contractor is no longer registered for use by Caltex. Caltex has also implemented an Environmental Consultant and Remediation Works Contract, which establishes a panel of selected and approved environmental consultants for undertaking environmental works. Panel members engaged must be registered on the system and have achieved a grade of A or B. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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Version: 2.0
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SSP Description:
KURNELL TERMINAL OEMP
Documents, relating to engagement of appropriately-licensed contractors, have been issued by Caltex. These documents are titled "Third Party Services" and "Contractor Safety Management."
5.5
Site Communications
Effective communications between management and staff is essential for ensuring successful implementation of the OEMP. This is undertaken through media such as regular informal meetings, reporting, site visits, and bulletins. Existing communication methods include:
Daily, weekly, monthly reports prepared by the site for distribution to the wider organisation and/or senior management Tool box talks Poster boards, communication centres Communications with major contractors Team meetings Cross functional meetings, intra-company seminars, etc. Half yearly reviews
The Terminal Operations Manager maintains regular contact with staff members at the Site. The Regional Operations Manager makes regular (minimum quarterly) trips to the Site to review operations and conditions. During these trips, the Site is inspected and issues are discussed directly with Site personnel. At the beginning of each calendar year, all Terminal personnel develop a Performance Management Plan (PMP), which lists key objectives to achieve for the year. This PMP is reviewed regularly during the year.
5.6
Community Complaints
Facility Managers and Coordinators are responsible for ensuring that community complaints associated with site operations are recorded within LPS, in accordance with licence requirements, OEMS Process 14.7 Responding to Community Concerns and OEMS Process 16.0 - Incident and Injury Investigation. The Terminal Operations Manager will address all complaints received, which will include an investigation to determine the source of the complaint. Investigations are to be undertaken as soon as practicable and within 24-hours of receipt. Implementation of any corrective actions and contacting the complainant will also be undertaken by the Terminal Operations Manager. The minimum complaint information is described below. External third party stakeholders will be notified of community complaints that are received by the site by the Caltex Senior Environmental Specialist (Licensing) or the regional HSSE Manager, within 24 hours. There is a 24-hour hotline available for community complaints (1800 033 111) and all complaints are managed in accordance with the Caltex Crisis Management Framework. Minimum Details Required for Complaints
Date and time Complainant name and contact details Nature of Complaint - Detail of particular issue/reason, people involved; location of incident or concern Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 40 of 61
Version: 2.0
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SSP Description:
5.7
KURNELL TERMINAL OEMP
Conclusions formed - An analysis of the likely cause of the incident. Is the complaint valid? Action Taken or Required - The action proposed or undertaken to address the complaint
External Communications
Caltex has a companywide approach to external communications with interested parties. Caltex personnel will not be communicating to external interested parties on its significant environmental aspects, unless authorised by senior management. Communication of significant environmental aspects will be in accordance with the Caltex Information Release Policy. Processes for external communication are provided in the following documents: Caltex corporate OEMS Element 17 Consultation which establishes the following processes: OEMS Process 17.1 Environmental Community Consultation Implementation of Caltex’s Environment Policy Incident and Injury Management Procedure: Incident Notification OEMS Process 14.7 Responding to Community Concerns Procedures for Responding to Regulatory Authorities: Communication with state regulators STD 5.05.04.002 Kurnell Community Relations Stakeholder Engagement Plan Guided by best practice in stakeholder engagement: Core values and code of ethics of the International Association for Public Participation (IAP2) NEPM Schedule 8 Guideline on Community engagement and risk communication (2012) Caltex OEMS procedures 17.0, 17.1, 17.2 and 21 CRC Care: Engaging the community: a handbook for professionals managing contaminated land Caltex Community Consultation plans for Project Mercury and Project Lytton These external communication procedures are available to all staff via SharePoint. Specific interested parties to whom Caltex have legislative consultation commitments may include the local Kurnell community, emergency services, regulatory authorities such as the EPA or DPE and other duty holders. The OE support teams and legal team shall provide advice when such consultation is required and what form the consultation should take. In the event of an environmental incident the Regional HSSE Manager is responsible for:
Coordinating emergency response, as required Immediate notification to regulators for reportable incidents; and To make notification to Environmental Specialist and internal stakeholders, in accordance with OEMS Process 16.2 Roles and Responsibilities for Statutory Reporting.
The Kurnell Terminal has a Pollution Incident Response Management Plan (PIRMP) a copy of which is located in the Emergency Operations Centre (EOC) at the terminal and published on the Caltex Public Website. The PIRMP provides additional details of the process for communication of environmental incidents which cause or threaten material harm to external stakeholders or the environment. In addition, and in line with the requirements of the Kurnell Community Relations Stakeholder Engagement Plan, the site undertakes the following external communications with interested parties via: Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 41 of 61
Version: 2.0
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SSP Description:
5.8
KURNELL TERMINAL OEMP
Site meetings with the Community Representative(s) every 3 months Community leaflets / newsletters on an as needs basis Letter box drop prior to activities occurring on Site that might affect adjoining landowners / neighbours Meetings and correspondence with interested parties including the Local Council and EPA on an as needs basis Discussions with adjoining land owners / neighbours and the community on an as needs basis Quarterly meetings with WorkCover (MHF branch)
Caltex Crisis and Emergency Management
Caltex has a companywide approach to emergency response and additional off-site resources are available to assist facilities, as required (including specialist emergencies services, legal and media advisors). Emergency response resources are provided through the Caltex Crisis Management Framework, which ensures that incidents, including community complaints, are categorised according to standardised definitions and escalated to the correct corporate level to ensure an appropriate, timely and coordinated response. The emergency management structure and escalation process is detailed in the Caltex Crisis Management Handbook and indicated below: 1. Caltex Crisis Management Team – Class A Emergencies 2. Regional Emergency Response Team – Class B Emergencies 3. Local Emergency Response team – Class C Emergencies The Caltex Crisis Management handbook is available to all staff via the Emergency Response page on SharePoint. Caltex utilise a third party service provider, Orica Emergency Response Service, to receive the initial emergency notification from the first responder, and uses the relevant Caltex call out list, to call the correct Caltex personnel and escalate the notification through to the Caltex management teams, so that the correct internal and external resources can be deployed.
5.9
Site Emergency Planning and Response
Within Supply Chain Operations a formal process exists for emergency planning and response, which identifies extraordinary factors, such as abnormal operation and emergencies that may cause damage to property and harm to human health and the environment. It also establishes and documents contingency plans to deal with these factors. Caltex Kurnell Terminal has a Transition Emergency Response Plan (TERP) (document reference KNTS-EP-A) which sets out the standards and procedures for the management of emergencies at the Kurnell Terminal facility including associated pipelines and the Wharf operations. The TERP is applicable to the period of time covering the conversion of the site from a Refinery to an end state Terminal. This period, known as “the transition” now includes continuing demolition works and other project work and is expected to last until late 2017. The TERP is applicable to emergency response for all emergencies either:
occurring at the Terminal site including the wharf, right of way or as a result of pipeline operations to Bumborah Point, occurring off the Terminal site but having the potential to adversely affect the Terminal. Electronically Controlled Document. Refer to online document for current version.
Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 42 of 61
Version: 2.0
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The TERP is implemented in conjunction with Caltex’s Regional Emergency Management Plan, Crisis Management Procedures and with Caltex’s OEMS procedures relating to general safe operation and incident management. The Emergency Planning Committee (EPC) is responsible for ensuring the ultimate effectiveness of the emergency plan, emergency response procedures and the Local Emergency Response Team (LERT). The TERP primarily documents the processes, arrangements and provision of resources for maintaining preparedness and effective response procedures for an emergency at the Kurnell Terminal. The Incident Controller is responsible for directing response activities in an emergency situation to ensure evacuation of non-essential personnel from the area at risk, gather information about the situation, initiate shutdown or protection systems and assist the attending emergency services to bring the situation under control, without risking harm to themselves or other persons. The types of incidents detailed in the TERP are incidents unlikely to cause injury or significant damage (Class C – Incidents). Examples include small, localised terminal fire, or spill contained on the Terminal property. In the event of a Class B Emergency or Class A Crisis the Regional Emergency Management Plan or Caltex Crisis Management Plans will be triggered. The ERP is available to Caltex employees in hard copy format at several locations at Kurnell Terminal including the Terminal Operations Building (at entrance), Emergency Operations Centre, Caltex Wharf Control Room and the Caltex Fire House. The ERP is also provided to a number of external agencies and stored on the Caltex Intranet and the MSD Document Central, via links on the Kurnell Key Facility Information Page. The EPC is responsible for coordinating reviews and revisions of the ERP every three years as a minimum. The TERP will also be reviewed following a major incident, following an emergency training exercise, when roles or responsibilities are altered, or at the direction of a Regulator. Document Central facilitates and records details of the review and approval process. The Terminal Operations Manager is responsible for ensuring ERP processes are implemented. Employees are to receive training in relation to safety and emergencies at the Terminal on at least an annual basis. In addition to annual training specific testing of the ERP shall be carried out within one month of any pollution incident occurring in accordance with relevant NSW regulatory requirements. The type of training may include, but is not limited to “hands on” firefighting, emergency response management, evacuation procedures or first aid and where ever possible, Emergency Services are to be included in training exercises. Emergency Services and other pertinent external authorities should be included in ERP training exercises at least every three years. Kurnell Terminal is equipped with a fire protection system and equipment. The Terminal has a fixed fire foam fire protection system for all 600 series tanks, the eastern tank farm has a foam ring main, and there are also semifixed foam installations (dry risers) located on Site. The Wharf has a 10 kL foam tank. A summary of these systems is provided in the Kurnell Terminal Fire Equipment Sub Plan. 5.9.1 Kurnell Terminal Marine Oil Spill Response Plan Marine oil spills are managed under the Kurnell Terminal Marine Oil Spill Response Plan (KNT-EPA) which should be read in conjunction with the Kurnell Terminal ERP. The Terminal maintains a Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 43 of 61
Version: 2.0
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SSP Description:
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group of skilled individuals who are able to respond to an oil spill including Australian Marine Oil Spill Centre (AMOSC) Core Group Members and Oil Spill Equipment Response Technicians. All personnel involved in oil spill response must undertake regular training (at least every two years) to ensure skills are maintained. The Kurnell Terminal Marine Oil Spill Response Plan will be reviewed following a marine oil spill or at least every 2 years. 5.9.2 Emergency Response Testing Process Within Supply Chain Operations a formal process exists for providing direction to Caltex managers on conducting emergency response exercises. The Guidelines for Selecting and Conducting Emergency Response Exercise provide detailed scope and guidance on six types of emergency response exercise, including how to deploy the exercise and assess the effectiveness of the response at different facilities. Regular conduct of the emergency response testing process helps ensure site managers and staff are familiar with the notification and response actions required in a real emergency, and allows site plans, procedures and equipment to be tested. 5.9.3 Pollution Incident Response Management Plan As required under Part 5.7A of the Protection of the Environment Operations Act 1997 the Kurnell Terminal has a PIRMP, located at the site office and published in ‘Caltex On Line’, which provides additional details of the process for communication of environmental incidents which cause or threaten material harm to external stakeholders or the environment.
6
Monitoring and Reporting
Kurnell Terminal has established a Monitoring and Reporting Register (see Appendix H) as part of this OEMP. This register is designed to be used by the Terminal Operations Manager on a six-monthly basis as a prompt to ensure monitoring and reporting, required by the approvals for the site, are completed when and as required, thus assisting Caltex achieve compliance. Copies of the completed the registers will be kept as an environmental record and significant non-conformances will be reported and managed through the LPS. A SAP notification will be issued every six months to notify the Terminal Operations Manager of the requirement. SAP records will also be used to assess and track completion for all sites.
6.1
Site Inspection Program
Site inspections are undertaken by the Terminal Operations Manager and the Regional Operations Manager to ensure compliance with approval requirements. As a minimum these inspections are documented on the ‘Loss Prevention Observation – Manager Walk Around’ checklist which are maintained on the LPS database. Additional documentation may be kept on site if applicable. Actions identified are tracked and reported as part of the LPS reporting process.
6.2
Preventative Maintenance Program
Caltex has implemented a planned and preventative maintenance program, called SAP PM. This process facilitates scheduled and preventative maintenance of site assets and infrastructure. Testing and maintenance requirements for the pipelines, tanks, interceptors and other equipment, Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 44 of 61
Version: 2.0
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necessary for effective operation of the site, are undertaken. The electronic SAP Maintenance Program database is used to automatically generate a notification and track progress for preventative maintenance of critical safety items. Completed SAP records are signed by the relevant facility coordinator and maintained on site. Progress against plan, number of outstanding tasks and days overdue are reported through line management to the National Supply Chain Operations Manager on a monthly basis.
6.3
Environmental Monitoring Program
The following environmental monitoring is undertaken on site: Table 6-1
Site Monitoring
Monitoring Program
Frequency
Comments
Wastewater (Oily water)
Every 6 days, 30 days and daily during specific discharges
Stormwater must be tested in accordance with section M2 (Point 27) EPL 837. Exceedances must be reported to the NSW EPA as part of the annual return
Groundwater – regulatory requirement
Quarterly
Groundwater point 15 and 16 must be monitored in accordance with section M2 of EPL 837. Monitoring results must be submitted to the NSW EPA as part of the annual return.
Groundwater
Quarterly
Quarterly groundwater monitoring program in areas that are known to contain contamination.
Environmental monitoring required under an Environmental Protection Licence is summarised for each site in OEMS Process 14.1.1 Distribution Licence Compliance and Reporting Calendar.
6.4
Evaluation of Compliance
Critical legislative compliance has been assessed during the development of the Aspects and Impacts Risk Register for all sites and no major non-compliances have been identified. Compliance with minor legislation will be periodically assessed. In addition licence compliance is assessed throughout the year as applicable to the site, including:
After each monitoring event, by the Senior Environmental Specialist (Licensing) and the Terminal Operations Manager The Monitoring and Reporting Register is completed on a six monthly basis by the Terminal Operations Manager Annual compliance is reported to the environmental regulator as part of the licence annual return
Licence non-compliance are reported via the LPS system and investigated to identify corrective and preventative actions. Non-compliances are reported to management via the weekly performance reports and the monthly OEMS performance reports.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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Version: 2.0
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KURNELL TERMINAL OEMP
SSP Description:
6.5
Key Performance Indicator Monitoring Program
The OEMS – Standard System Process for Environmental Stewardship (SD-OEMS-PROC-14.0) document identifies corporate leading and lagging indicators, which are monitored by the Process Advisor. The critical KPI’s are formally monitored and reported to the Infrastructure Operations Leadership Team (IOLT) during the quarterly governance reviews, in accordance with OEMS Process 20.0 Performance Monitoring and Governance. The OEMP indicators have been adopted for the refuelling facility and are outlined below. EMS key performance indicators are described in the document D-OEMS-PROC-14.20 Objectives and Targets. 6.5.1 Leading Indicators
Implementation of this OEMP Completion of three-yearly reviews of the Aspect and Impact Register Implementation of environmental improvement plans for significant environmental aspects Completion of training
6.5.2 Lagging Indicators
6.6
Licence exceedences and non-compliances Loss incidents reported (major and minor)
Environmental Record Keeping
The following environmental records are maintained by Caltex: Table 6-2
Environmental Records Activity
Location / Reference Document
Manager Responsible
Additional Training
Caltex LMS
Terminal Operations Manager
Environmental Incidents
LPS Database
Terminal Operations Manager
Non-conformances and Corrective Actions
LPS Database
Complaints
LPS Database
Terminal Operations Manager
Site Inspections
Key Facility Info Page
Terminal Operations Manager / OE Support
Audits
Audit Reports - Cintellate
Terminal Operations Manager
Waste Tracking Records
Provided by licensed contractor and retained on site. Details are transferred to the Waste Log.
Terminal Operations Manager
Contaminated Land Analysis Records
Reporting provided by Caltex Environmental Specialist and available through the Key Facility Info Page
Terminal Operations Manager /Caltex Senior Environmental Specialist
Other Environmental Monitoring Records
Key Facility Info Page
Terminal Operations Manager
Terminal Operations Manager /Caltex Senior Environmental Specialist
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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Version: 2.0
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SSP Description:
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Environmental records are maintained for a minimum of 7 years, in accordance with licence and regulatory requirements. Active LPS reports can be edited until they are closed. LPS records which are closed are never removed from the LPS database. LPS reports are given a control number for identification and tracking purposes. The other records listed above are not given a reference number. The records stored in the Key Facility Info Page library on Sharepoint are categorised by site and functionality to facilitate identification and access. In addition, the on line training records are categorised by person and accessed through the Caltex LMS by either the Training Specialist or the Facility Manager. Sharepoint records are assigned owners and stored within dedicated libraries. All records are protected via a restricted access process which prevents them from being changed or deleted. Sharepoint records can be assigned a review period and archived if needed, or they can be retained in perpetuity.
7
Auditing
The Caltex audit program comprises the following audits. Additional audits, such as fire and safety audits, are also undertaken but not details in this OEMP.
7.1
Environmental Audits
7.1.1 Independent Environment Audit In line with the requirements of DPE Development Consent Conditions SSD5454 and 5533, IEA’s are required two years after the Terminal operations commenced and every three years thereafter. These audits include the Wharf operations which is currently audited each year in line with the intent of SSD5353. The first IEA was completed in April 2016 with the scope was the first year of the refinery conversion – 2014. 7.1.2 Internal OEMP Environmental Audits Internal OEMP Environmental Audits are completed by the ISO and Environmental Systems Specialist and the Caltex Senior Environmental Specialist (Licensing), in line with the Kurnell Terminal ISO 9001 and 14001 Annual Internal Audit Program. These audits focus on regulatory compliance, OEMP compliance and conformance with the OEMS environmental procedures and standards. Audit results and records are kept electronically in Cintellate, and assigned actions are tracked to completion. Significant non-compliances are also entered into the LPS system allowing a formal investigation and corrective actions to be developed. 7.1.3 Environmental Management System Effectiveness Review An annual Kurnell Terminal Environmental Management System effectiveness review is required by ISO 14001:2004, against which the Terminal environmental management system is accredited. This audit is conducted by National Environment Manager, OE and Risk. As with other audits, results and records are kept electronically in Cintellate, with assigned actions tracked to completion. Significant non-compliances are also entered into the LPS system allowing a formal investigation and corrective actions to be developed. Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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Version: 2.0
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SSP Description:
7.2
KURNELL TERMINAL OEMP
Energy and Resource Use Audits
Engineers consider energy efficiency when replacing equipment and upgrading distribution facilities. In addition, energy reporting is undertaken, which is the general energy auditing approach as outlined below. Any further energy audits are arranged as required to meet corporate or statutory requirements. 7.2.1 National Pollutant Inventory Reporting Energy use and emission of NPI pollutants is monitored annually as part of National Pollutant Inventory (NPI) reporting. 7.2.2 National Greenhouse and Energy Reporting Caltex has been working for several years to develop strategies to help the company meet the challenge of climate change, such as development of alternative, lower-emission fuels and working with the government to develop and refine climate change policies and initiatives. Caltex is already Australia's leading supplier of biofuel blends (petrol/ethanol and diesel/biodiesel blends) and has developed a ten-point plan to expand that supply. Caltex believes that biofuels can be a significant part of Australia's future fuel supply and help address the challenges of climate change and energy security. Caltex submit the National Greenhouse and Energy Report annually, as per the National Greenhouse and Energy Reporting Act 2007. This report is compiled for each business unit; Refining and Marketing. Within Supply Chain Operations (including airport refuelling facilities) the main emission sources are fuel usage and electricity consumption. These sources are reported to the Environmental Specialist each month and the reportable emissions are determined.
7.3
Caltex Internal Audit Program
Caltex OE and Risk Internal Audit team provide an independent and objective assessment of the adequacy, effectiveness and efficiency of Caltex’s risk management, control and governance processes in accordance with the Caltex Internal Audit Charter. The internal audit team aim to improve the adequacy, efficiency and effectiveness of Caltex’s controlled environment through the development and execution of flexible, risk based audit plans, performing reviews across the business and reporting the results to the Board and Caltex management. The Caltex OE Internal Audit team develop two risk based rolling three-year audit plans on an annual basis: a Financial Audit Plan, dealing with financial and business risks, and an OHS&E Audit Plan, dealing with OHS&E risks and targeting Caltex Risk Management Framework (CRMF) Category 3 risks. A copy of the current risk plan is available on the OE Internal Audit Sharepoint page.
7.4
Non-conformance, Corrective or Preventative Action
Significant non-conformances identified from audits, and associated corrective or preventative actions, are to be documented using the Audit Near-Loss Notification form and progress against action plans reported through the quarterly OEMS governance process.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
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Version: 2.0
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7.5
KURNELL TERMINAL OEMP
Continual Improvement
Continual improvement is achieved through a number of processes, detailed below:
7.6
In accordance with OEMP section 4.11 By the application of the LPS and systematically correcting the root causes of incidents, in addition to a formal process for review and update of the OEMS processes and OEMP. Identification and tracking of improvement actions in accordance with the OEMS Process 20.0 Performance Monitoring and Governance.
OEMS Reviews
Review of the OEMS is the key requirement for continual improvement of the Environmental Management System for the site. OEMS reviews are conducted every three years by the Environmental Specialist and the OEMS Environmental Stewardship sponsor. The reviews focus on environmental performance and review of the Facility Environmental Risk Register.
7.7
OEMP Reviews
The OEMP is a living document and, as such, is subject to review at any stage during site operations. The review and update of procedures referenced in this OEMP will be undertaken on a three-yearly basis or when environmental management controls are identified as either outdated or insufficient. The OEMP review and update will be undertaken by the ISO and Environmental Systems Specialist and Senior Environmental Specialist (Licensing), in consultation with the Terminal Operations Manager. All changes to the OEMP shall be authorised by the Terminal Operations Manager prior to reissue of the document. An up-to-date version of the OEMP will be maintained on the Terminal SharePoint site and relevant personnel notified of changes.
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 49 of 61
Version: 2.0
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SSP Description:
KURNELL TERMINAL OEMP
Appendix A Site Maps and Diagrams Kurnell Terminal Lot and DPs number for all area under Terminal Operations management:
LOT 56 DP 908
LOT 137 DP 8135
LOT J DP 362655
LOT 57 DP 908
PART LOT 138 DP 8135
LOT K DP 362655
LOT 62 DP 908
LOT 151 DP 8135
LOT H DP 362655
PART LOT 11 DP 7632
LOT 152 DP 8135
PART LOT 146 DP 455883
PART LOT 12 DP 7632
LOT 48 DP 9564
LOT 147 DP 455883
LOT 189 DP 7632
LOT 77 DP 9564
LOT 148 DP 455883
LOT 190 DP 7632
LOT 78 DP 9564
LOT 1 DP 652262
LOT 43 DP 8135
LOT 81 DP 9564
LOT 139 DP 662996
LOT 44 DP 8135
LOT 1 DP 126647
LOT 139 DP 662997
LOT 45 DP 8135
LOT 2 DP 126647
LOT 283 DP 752064
LOT 46 DP 8135
LOT 1 DP 132055
LOT 570 DP 752064
PART LOT 77 DP 8135
PART LOT 1 DP 215818
LOT 24 DP 776328
LOT 78 DP 8135
LOT 2 DP 215818
LOT 25 DP 776328
LOT 79 DP 8135
LOT 1 DP 215819
LOT 1 DP 1044690
PART LOT 122 DP 8135
LOT B DP 338897
LOT 1 DP 1087718
PART LOT 123 DP 8135
LOT D DP 361103
PART LOT 2 DP 1087718
PART LOT 124 DP 8135
PART LOT F DP 361103
LOT 3 DP 1087718
PART LOT 125 DP 8135
LOT G DP 361103
PART LOT 4 DP 1087718
LOT 5 DP 1087718
LOT 6 DP 1087718
LOT 1 DP 1087807
LOT 2 DP 1087807
LOT 1 PO1963/147
LOT 1 PO1967/168
List of decommissioned tanks at Kurnell Terminal T1
T134
T212
T226
T335
T2
T136
T213
T317
T353
T15
T137
T214
T322
T354
T16
T146
T215
T323
T414
T17
T147
T216
T325
T415
T18
T149
T217
T327
T507
T19
T155
T218
T328
T508
T101
T156
T219
T330
T510
T123
T202
T220
T331
T622
T124
T203
T221
T332
T623
T126
T210
T224
T333
T133
T211
T225
T334
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 50 of 61
Version: 2.0
CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
Appendix A Site Maps and Diagrams Kurnell Terminal Lot and DPs number for all area under Terminal Operations management:
LOT 56 DP 908
LOT 137 DP 8135
LOT J DP 362655
LOT 57 DP 908
PART LOT 138 DP 8135
LOT K DP 362655
LOT 62 DP 908
LOT 151 DP 8135
LOT H DP 362655
PART LOT 11 DP 7632
LOT 152 DP 8135
PART LOT 146 DP 455883
PART LOT 12 DP 7632
LOT 48 DP 9564
LOT 147 DP 455883
LOT 189 DP 7632
LOT 77 DP 9564
LOT 148 DP 455883
LOT 190 DP 7632
LOT 78 DP 9564
LOT 1 DP 652262
LOT 43 DP 8135
LOT 81 DP 9564
LOT 139 DP 662996
LOT 44 DP 8135
LOT 1 DP 126647
LOT 139 DP 662997
LOT 45 DP 8135
LOT 2 DP 126647
LOT 283 DP 752064
LOT 46 DP 8135
LOT 1 DP 132055
LOT 570 DP 752064
PART LOT 77 DP 8135
PART LOT 1 DP 215818
LOT 24 DP 776328
LOT 78 DP 8135
LOT 2 DP 215818
LOT 25 DP 776328
LOT 79 DP 8135
LOT 1 DP 215819
LOT 1 DP 1044690
PART LOT 122 DP 8135
LOT B DP 338897
LOT 1 DP 1087718
PART LOT 123 DP 8135
LOT D DP 361103
PART LOT 2 DP 1087718
PART LOT 124 DP 8135
PART LOT F DP 361103
LOT 3 DP 1087718
PART LOT 125 DP 8135
LOT G DP 361103
PART LOT 4 DP 1087718
LOT 5 DP 1087718
LOT 6 DP 1087718
LOT 1 DP 1087807
LOT 2 DP 1087807
LOT 1 PO1963/147
LOT 1 PO1967/168
List of decommissioned tanks at Kurnell Terminal T1
T134
T212
T226
T335
T2
T136
T213
T317
T353
T15
T137
T214
T322
T354
T16
T146
T215
T323
T414
T17
T147
T216
T325
T415
T18
T149
T217
T327
T507
T19
T155
T218
T328
T508
T101
T156
T219
T330
T510
T123
T202
T220
T331
T622
T124
T203
T221
T332
T623
T126
T210
T224
T333
T133
T211
T225
T334
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal Interim OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 50 of 61
Version: 1.0
SW
PLANT 32 CRUDE UNIT No .2
SW
/
T411
PIPE TR ACK 3
PLANT 5 POLY UN IT
T331
T220 T221
SW
T413
T513
SW
T332
ROAD N PLANT 45 .9 ISOSIV UN IT
FLARE ST
ACK
FLARE ST AC
K
C
T224
T334 T225
T335
PIPE TRAC
C3
K
T414
SW
T282
/
T333
SW
SW ROAD Q
PIPE TR ACK
ROAD N
ROAD 4
ROAD 6
ACK
SW
PIPE TR
PIPE TR ACK
PLANT 61 BENSAT UNIT
ROAD 3
PLANT 45 .6 D.H.T.U.
PIPE TR ACK 1 ROAD 3A
SW
PLANT No. 1 AM45.4 SULPHU INE/ R UNIT
SW
SW YARD OF FICE (S) SW ROAD 9
SW
T219
PLANT 36 ALKY UN IT
ACK
ROAD Q
T512
T412
ROAD N PLANT 45 No. 2 AM .8 INE/ SULPHU R UNIT
PLANT 45 TREATIN .7 SPLITTING & G UNIT
ROAD 20
T330
B
PIPE TR
PMW09
MPOUND
T353 T3 54
SW
T633
PLANT 35 CATALY REFORM TIC ING UNIT
T508
9G-42 9G-43
PIPEWAY
T634
TANK CO
T328
T217
PLANT 45 .2/.3 HYDROT REATING / RHENIFO RMING UNIT
PLANT 45 .1 C.D.U. No .3
TANK CO MPOUND
ROAD 1
EWAY
T215
T216
SW
PMW12
T327 T507
T218
T623
ROAD 21
T214
PIPEWAY B
T622
ROAD 22
T410
ROAD 3A
ROAD 4
PLANT 4 F.C.C.U. No. 1 DE-COM MISSIONE D
MAIN PIP
FICE (N)
T.A.R.P.
HYDROB LAST AREA
T510
ROAD 6
ING
SW
YARD OF
PLANT 34 F.C.C.U. No. 2
C.C.B.
SW
ROAD 14
PSMTRAIN
S RIGGER
STORAG E COMPOU ND
WORKSH OP
USE STORE HO
/
T325
ROAD 2
PMW13
9G-110B 9G-110A 9G-112 9G-111B 9G-111A
GAS CYLINDE STORE R
AREA2 MAINT
ROAD P
CRUDE BO OSTER PU
T613
EQUIP.
MPS
T612
T213
CAFE
SW
T611
OIL SPILL
S
T409
PLANT 2 CRUDE UNIT No. 1
ROAD M
ROAD 3
J STORE
ROAD 8
SW
RELIABIL ITY BUILDING
3
PMW07
SW
PIPE TR ACK
E
ROAD 14
W
CONTINUES ON FIGURE 3A
ROAD M
N
PIPE TR
ACK C
T283
HYDROB
ROAD Q LAST
T226 T415
PAINT ST
FIRE SCHOOL
ROAD 9
SOIL RE MEDIATI ON
ROAD Q1 SW
RM 1
PMW33
PMW32
PMW31
SW
ANCE
S NK
BA
HOT WO RK WORKSH OP
SW
E
IV DR
PMW30 SW
ROAD 15
PH
SE
ROAD 16
JO
RECYCL ING AREA
LUBRICAT ING OIL REFINER Y PROCES PLANTS DEMOLIS S HED 2012
ROAD 17
SIR
SLUDGE LAGOON
C.C.B
MAINTEN
- PROCESS COMPONENTS - INTERCEPTORS
PMW08
ROAD U
MAINTEN CONTRA ANCE CT FACILITIES ORS
POTENTIAL SITE-WIDE ENVIRONMENTAL INTERACTIONS
LANDFA
SW
ORE
TANK CO MPOUND C1
PR ROOM
CALTEX
B
LUBRICAT ING OIL REFINER Y DEMOLIS TANKS HED 2013
ROAD 18
ROAD S
ROAD T
PIPEWAY
YARD OF
FICE
ROAD R
TANK CO MPOUND C2
T.P.H.
ROAD 19
T3 FIRE WATER
PIPEWAY A
SW
LABORA TO
LAB W'SH OP
RY
CIVIL CONTRA CTORS YARD
ZONE "E " WORKSH OP
SW
ROAD V
SW SW SW
PMW38 PMW10 ROAD W
This drawing is subject to COPYRIGHT.
MEL
PUBLIC
DIRT RO
AD
Source: 0
125 SCALE 1:5000
OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN CALTEX KURNELL TERMINAL
250m
Whilst every care is taken by URS to ensure the accuracy of the digital data, URS makes no representation or warranties about its accuracy, reliability, completeness, suitability for any particular purpose and disclaims all responsibility and liability (including without limitation, liability in negligence) for any expenses, losses, damages (including indirect or consequential damage) and costs which may be incurred as a result of data being inaccurate in any way for any reason. Electronic files are provided for information only. The data in these files is not controlled or subject to automatic updates for users outside of URS.
SITE CONCEPTUAL MODEL - SOUTHERN PORTION
Figure: File No: 43283767-Figure 3B.dwg
Drawn:
Approved:
Date:
Rev. A
A3
W
Y RI T CU ING SE ILD BU
N E
ES RL HA EC INC R P
DE RA PA
S RS TO
SW
C RA NT CO
FA I CIL
SW
S TIE
C AD RO SW
PMW18
PMW35
PMW19 IVE
PMW29
PMW04 PMW23
SW
SW
7
SW
PMW26
SW
T101
SW
C
RO
AD
PMW25 PMW36
SW
PMW02 T202
PMW28
T203
AY
T134
7 RO A
D
INT.
SW
ROAD 5
SW ROAD 3A
ROAD 3
C.C.B.
CONTINUES ON FIGURE 3B
SW SW
MAIN PIP
O.M.C.
A
T211
T323
T409
PLANT 2 CRUDE UNIT No .1
T325
T410 T214
T507
T215
D
T327
ROAD 3A
ROAD 4
2
PLANT 4 F.C.C.U. No. 1 DE-COM MISSIONE
MAIN PIP EWAY
T510
ROAD 6
PLANT 34 F.C.C.U. No.
SW
T322
T212
PLANT 32 CRUDE UNIT No .2
SW
SW T408
ROAD 1
J STORE
FICE (N) YARD OF
T.A.R.P.
SW
PSMTRAIN ING
OP WORKSH
S RIGGER
SW
T210
T213
USE STORE HO
EQUIP. OIL SPILL
STORAG E COMPOU ND
ROAD G SW
SW T
AIR COMPRE SS
PIPEWAY
SW
ROAD 9
SW
A
PLANT 11
/
T502
T328
T508
ROAD 2
ROAD P
T407 T320
PDU.
ORS
SW
GAS CYLINDE STORE R
T319
T209
ROAD 3
PIPEWAY
PLANT 33 P.D.U. No .2 DEMOLIS HED
PLANT 49 MEROX UNIT
SW
ROAD K
AREA 1 MA
ROAD 7
PMW20
/
SW
PIPE TR
T4 FIRE WATER
T406
T251 T252
CAFE
SW 9G-110B 9G-110A 9G-112 9G-111B 9G-111A
CRUDE BO
OSTER PU
T613
MPS
T612
T128
DANG. GOODS STORE
T133
ROAD M T611
T138
T105 T317
T318
N2 PLAN
AREA
PMW15
AREA
SW
ACK 3
SW
T603
ROAD 14
T169
HUT 3
RO/AD K
T602
T148 T123
T158 T159
ROAD G
PARKING
T601
PMW07
PARKING
OFFICE
CHAN T19 HOUS GE E
EWAY
SW T168
T149
ROAD 8
T18
T137
T127
SW
5
SW
3
T147
T157
SOB
SUB 'D'
6
T405
ROAD 5
RE ET SW
W
SW
SW
ATER
6G-3
SW
9G-45 9G-45A
/
L
T205
SW
SW
SW SW
BASIN
W
/
AD
/
T15D-27
STORMW
2
RELIABIL ITY BUILDING
W T15D-18
RO
PMW22
TAJ
ROAD H
PARKING AREA
T136
ROAD E
PMW21
LPG LOAD ING AREA
AW
PMW14
MEL
ST CO
LPG STOR AG PLANT 6 E
FIRE HOUS NDT SHEDE SAMPLE STORAG E
RO
T10
RA CK
/
AD
/
PIP ET
T146
T126
4
T17
T404
COB 1
HOUSES
RE
PMW06
T13
T16 W
ROAD O
OK
12
TE BA NTIO SI N N
RO AD
TO RS RA
RIDGE
Source: 0
125 SCALE 1:5000
OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN CALTEX KURNELL TERMINAL
- PROCESS COMPONENTS - INTERCEPTORS
T125
T156
CREDIT UNION
W SE PA
ING
ROAD 10
S
13
CO UR T
RO AD
NN IS
IVE
TE
OK CO AIN /C
PMW11
ROAD D
T166
MAIN GATE & GUARDHOUSE
T12
SW
AGL LAND
ENE LOAD
WEIGHB
T15
13
PMW16 PROPYL
PMW17
T11
T145
ROAD M
PT
/B 6A G-
ST RE ET
SW
14
DE R
SW
CA
AN
L
W
S. C ST .C. AT SU IO B N
T155
SO L
J
SW
AD
/
DR
RO
PMW03
T15D-26
This drawing is subject to COPYRIGHT.
T204
SW
W
W
AD
T1
POTENTIAL SITE-WIDE ENVIRONMENTAL INTERACTIONS
T104
SW
SE ST RVI AT CE IO N
T124
RO
SW B
SW 9 9 G-6 9GG-6 7 9G -698 9D -72 -70 9D -6 9D 9B -69 A
PMW37
PMW05
RO AD
SW
EW
SW
T2
T103
SW
PIP
SW
IN
SW
SW
PMW34 MA
A
T102
ROAD 1
CO
OK
RO AD
SW
ST
PMW27
AD
RE
ET
PMW01
SW
SW
PMW24
RO
P
CA
DR
SW
OK
CO
IN TA
250m
Whilst every care is taken by URS to ensure the accuracy of the digital data, URS makes no representation or warranties about its accuracy, reliability, completeness, suitability for any particular purpose and disclaims all responsibility and liability (including without limitation, liability in negligence) for any expenses, losses, damages (including indirect or consequential damage) and costs which may be incurred as a result of data being inaccurate in any way for any reason. Electronic files are provided for information only. The data in these files is not controlled or subject to automatic updates for users outside of URS.
SITE CONCEPTUAL MODEL - NORTHERN PORTION
Figure: File No: 43283767-Figure 3A.dwg
Drawn:
Approved:
Date:
Rev. A
A3
SW
TERMINAL SITE BOUNDARY
PLANT 32 CRUDE UNIT No .2
ROAD M
SW
/
T622
PLANT 5 POLY UN IT
ACK
PIPE TR ACK
FLARE ST AC
K
C
ROAD 1
SW
T334 T225
T335
PIPE TRAC
C3
K
T414
SW
T282
/
T333
SW
FLARE ST
T224
ROAD 3
SW
ROAD 20
T513
ROAD N
ROAD 4
SW
ROAD 6
ACK
PLANT 61 BENSAT UNIT
PIPE TR ACK 1 ROAD 3A
SW
PLANT 45 .6 D.H.T.U.
ROAD Q MPOUND
T413
PLANT 45 .9 ISOSIV UN IT
PIPE TR
IT
SW
T221 T332
PIPE TR ACK
ROAD Q
T331
T220
ROAD N
SW
PLANT No. 1 AM45.4 SULPHU INE/ R UNIT
SW
SW YARD OF FICE (S) SW ROAD 9
PLANT 45 TREATIN .7 SPLITTING & G UN
ROAD 21
EWAY
9G-42 9G-43
PIPE TR ACK 3
T219
PLANT 36 ALKY UN IT
ACK
PMW09
T512
T412
PIPE TR
TANK CO
MONITORING WELL
T330
B
ROAD N PLANT 45 No. 2 AM .8 INE/ SULPHU R UNIT
DECOMMISSIONED TANK
SW
T633
PLANT 35 CATALY REFORM TIC ING UNIT
DENSE PIPEWORK AREA
T508
T353 T3 54
T216
PIPEWAY
T634
ROAD 22
T411
T217
PLANT 45 .2/.3 HYDROT REATING / RHENIFO RMING UNIT
PLANT 45 .1 C.D.U. No .3
TANK CO MPOUND
T328
T218
T623
PIT
T507
PIPEWAY B
PMW12
T327
T215
STORMWATER PRODUCT PIPING
T410 T214
ROAD 3A
ROAD 4
PLANT 4 F.C.C.U. No. 1 DE-COM MISSIONE D
MAIN PIP
FICE (N)
T.A.R.P.
HYDROB LAST AREA
SW T510
ROAD 6
ING
SW
YARD OF
PLANT 34 F.C.C.U. No. 2
C.C.B.
SW
ROAD 14
PSMTRAIN
S RIGGER
STORAG E COMPOU ND
WORKSH OP
USE STORE HO
/
OILY WATER
T325
ROAD 2
PMW13
GAS CYLINDE STORE R
AREA2 MAINT
ROAD P
CRUDE BO OSTER PU
T613
9G-110B 9G-110A 9G-112 9G-111B 9G-111A
EQUIP.
MPS
T612
T213
CAFE
SW
T611
OIL SPILL
S
T409
PLANT 2 CRUDE UNIT No. 1
ROAD 3
J STORE
ROAD 8
SW
RELIABIL ITY BUILDING
3
PMW07
SW
PIPE TR ACK
E
CONTINUES ON FIGURE 2B
ROAD M
W
ROAD 14
LEGEND
N
PIPE TR
ACK C
T283
HYDROB
ROAD Q LAST
T226 T415
PAINT ST
FIRE SCHOOL
ROAD 9
SOIL RE MEDIATI ON
LANDFA
RM 1
SW
ORE
TANK CO MPOUND C1
PR ROOM
CALTEX
B
LUBRICA TING OIL REFINER Y DEMOLIS TANKS HED 2013
ROAD 18
ROAD S
ROAD T
PIPEWAY
YARD OF
FICE
ROAD R
TANK CO MPOUND C2
T.P.H.
ROAD 19
T3 FIRE WATER
PIPEWAY A
SW
LABORA TO
LAB W'SH OP
RY
CIVIL CONTRA CTORS YARD
ROAD Q1 SW
PMW33
PMW32 PMW08 PMW31
SW
PMW30 SW
ROAD 15
HOT WO RK WORKSH OP
SW
E
IV DR
MAINTEN CONTRA ANCE CT FACILITIES ORS
S NK
BA
RECYCL ING AREA
LUBRICAT ING OIL REFINER Y PROCES PLANTS DEMOLIS S HED 2012
ROAD 16
PH
SE
MAINTEN
JO
SLUDGE LAGOON
C.C.B
ROAD 17
SIR
ANCE
ROAD U
ZONE "E " WORKSH OP
SW
ROAD V
SW SW SW
PMW38 PMW10 ROAD W
This drawing is subject to COPYRIGHT.
MEL
PUBLIC
DIRT RO
AD
Source: 0
125 SCALE 1:5000
OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN CALTEX KURNELL TERMINAL
250m
Whilst every care is taken by URS to ensure the accuracy of the digital data, URS makes no representation or warranties about its accuracy, reliability, completeness, suitability for any particular purpose and disclaims all responsibility and liability (including without limitation, liability in negligence) for any expenses, losses, damages (including indirect or consequential damage) and costs which may be incurred as a result of data being inaccurate in any way for any reason. Electronic files are provided for information only. The data in these files is not controlled or subject to automatic updates for users outside of URS.
SITE PLAN - SOUTHERN PORTION
Figure: File No: 43283767-Figure 2C.dwg
Drawn:
Approved:
Date:
Rev. A
A3
W
LEGEND
Y RI T CU ING SE ILD BU
N E
E RL HA EC INC R P
E AD AR SP
TERMINAL SITE BOUNDARY OILY WATER
S
SW
STORMWATER
C RA NT CO
SW
PRODUCT PIPING
RS TO
PIT
FA I CIL
DENSE PIPEWORK AREA
S TIE
SW
DECOMMISSIONED TANK
C AD RO
MONITORING WELL SW
PMW18
PMW35
PMW19 IVE
PMW29
PMW04 PMW23
SW
7
SW
PMW26
SW
T101
SW
C
RO
AD
PMW25 PMW36
SW
PMW02 T202
PMW28
T203
AY
T134
7
INT.
ROAD 5
SW ROAD 3A
ROAD 3
T
T409
T325
T327 T507
T215
D
ROAD 1
T214
ROAD 3A
ROAD 4
2
MAIN PIP EWAY
T510
T410
T328
T508
ROAD 2
CONTINUES ON FIGURE 2C
SW
T323
PLANT 2 CRUDE UNIT No .1
PLANT 4 F.C.C.U. No. 1 DE-COM MISSIONE
SW
T322
T212
PLANT 34 F.C.C.U. No.
SW
SW
T211
ROAD 6
FICE (N) YARD OF
T.A.R.P.
C.C.B.
SW SW
T408
A
PLANT 32 CRUDE UNIT No .2
SW
ROAD G SW
SW
ROAD 3
SW SW
PSMTRAIN ING
OP
T502
T210
T213
WORKSH
S RIGGER
MAIN PIP
SUB 'D'
O.M.C.
ROAD 5
T407 T320
SW
AIR COMPRE SS
PIPEWAY
USE STORE HO
EQUIP. OIL SPILL
STORAG E COMPOU ND
T319
T209
A
PLANT 11
/
T251 T252
PDU.
ORS
SW
GAS CYLINDE STORE R
T406
T318
N2 PLAN
PIPEWAY
PLANT 33 P.D.U. No .2 DEMOLIS HED
PLANT 49 MEROX UNIT
SW
ROAD K
AREA 1 MA
ROAD 7
T4 FIRE WATER
PMW20
/
ROAD 9
SW
PIPE TR
ROAD P
T128
CAFE
SW 9G-110B 9G-110A 9G-112 9G-111B 9G-111A
CRUDE BO
OSTER PU
T613
MPS
T612
T138
T105 T317
DANG. GOODS STORE
T133
ROAD M T611
EWAY
SW
AREA
PMW15
AREA
SW
ACK 3
ROAD 14
T169
J STORE
SW T603
T148 T123
T158 T159
ROAD G
RO/AD K
T602
PMW07
PARKING
PARKING
T601
SW
SW
T168
SW
CHAN T19 HOUS GE E
T137
T149
ROAD 8
T18
T405
T127
HUT 3
6G-3
W
SW
9G-45 9G-45A
/
ATER
5
OFFICE
/
L
SW
STORMW
3
T147
T157
SOB
ROAD H
PARKING AREA
T205
SW
SW
SW SW
BASIN
W
/
T15D-27
AD
PMW14
MEL
6
RELIABIL ITY BUILDING
W T15D-18
ROAD O
2
PMW21
LPG LOAD ING AREA
AW
RO
RO A
D
RE ET SW
CO LPG STOR AG PLANT 6 E
FIRE HOUS NDT SHEDE SAMPLE STORAG E
RO
T10
RA CK
/
AD
/
PIP ET
T136
ROAD E
PMW22
TAJ
4
T17
T146
T126
1
HOUSES
RE
PMW06
T404
COB
ST
RIDGE
OK
12
TE BA NTIO SI N N
RO AD
TO RS RA SE PA
ING
WEIGHB
T13
T16 W
T125
T156
CREDIT UNION
W
/C
PMW11
ROAD D
T166
MAIN GATE & GUARDHOUSE
T12
SW
AGL LAND
ENE LOAD
ROAD 10
S
13
CO UR T
RO AD
NN IS
IVE
TE
OK AIN
CO
PROPYL
T15
13
PMW16
PMW17
T11
T145
ROAD M
PT
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SW
14
DE R
SW
CA
AN
L
W
S. C ST .C. AT SU IO B N
T155
SO L
J
SW
AD
/
DR
RO
PMW03
T15D-26
This drawing is subject to COPYRIGHT.
T204
SW
W
W
AD
T1
T104
SW
SE ST RVI AT CE IO N
T124
RO
SW B
SW 9 9 G-6 9GG-6 7 9G -698 9D -72 -70 9D -6 9D 9B -69 A
PMW37
PMW05
RO AD
SW
EW
SW
T2
T103
SW
PIP
SW
IN
SW
SW
PMW34 MA
A
T102
ROAD 1
CO
OK
RO AD
SW
ST
PMW27
AD
RE
ET
PMW01
SW
SW
PMW24
RO
P
CA
DR
SW
OK
CO
IN TA
Source: 0
125 SCALE 1:5000
OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN CALTEX KURNELL TERMINAL
250m
Whilst every care is taken by URS to ensure the accuracy of the digital data, URS makes no representation or warranties about its accuracy, reliability, completeness, suitability for any particular purpose and disclaims all responsibility and liability (including without limitation, liability in negligence) for any expenses, losses, damages (including indirect or consequential damage) and costs which may be incurred as a result of data being inaccurate in any way for any reason. Electronic files are provided for information only. The data in these files is not controlled or subject to automatic updates for users outside of URS.
SITE PLAN - NORTHERN PORTION
Figure: File No: 43283767-Figure 2B.dwg
Drawn:
Approved:
Date:
Rev. A
A3
LEGEND
N
TERMINAL SITE BOUNDARY
E
TERMINAL OPERATIONAL MANAGEMENT AREA
WH A
RF
W S
SW
PIPELINE FROM WWTP TO YENA GAP OUTFALL DENSE PIPEWORK AREA DECOMMISSIONED TANK
NORTHERN PORTION REFER TO FIGURE 2B AND 3A
PR
E INC
CH
L AR
R PA ES
E AD
OK
AIN
IVE DR
CO
CO O
K
ST
RE E
T
PT CA
T
MAIN GATE & GUARDHOUSE
CA PT AIN
CO
CO
EE T
EE
ST R
TR
R
OK S
AN DE
OK
DR IV
E
SO L
SW SW
SW
SW SW
SIR HB
EP
S JO E
RIV
D KS AN
MEL
PUBLIC DIR T
ROAD
This drawing is subject to COPYRIGHT.
SOUTHERN PORTION REFER TO FIGURE 2C AND 3B
Source: 0
312.5 SCALE 1:12500
OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN CALTEX KURNELL TERMINAL
625m
Whilst every care is taken by URS to ensure the accuracy of the digital data, URS makes no representation or warranties about its accuracy, reliability, completeness, suitability for any particular purpose and disclaims all responsibility and liability (including without limitation, liability in negligence) for any expenses, losses, damages (including indirect or consequential damage) and costs which may be incurred as a result of data being inaccurate in any way for any reason. Electronic files are provided for information only. The data in these files is not controlled or subject to automatic updates for users outside of URS.
SITE PLAN
Figure: File No: 43283767-Figure 2A.dwg
Drawn:
Approved:
Date:
Rev. A
A3
N W
E
This drawing is subject to COPYRIGHT.
MEL: J:\MEL\43283767\5 Works\Figures\Final Figures\Kurnell Terminal
S
KURNELL
FOR DETAILS OF SITE AREA REFER TO FIGURE 2
0
10
20
30
40
50km
Kilometres
Source: The Penguin Touring Atlas of Australia.
Whilst every care is taken by URS to ensure the accuracy of the digital data, URS makes no representation or warranties about its accuracy, reliability, completeness, suitability for any particular purpose and disclaims all responsibility and liability (including without limitation, liability in negligence) for any expenses, losses, damages (including indirect or consequential damage) and costs which may be incurred as a result of data being inaccurate in any way for any reason. Electronic files are provided for information only. The data in these files is not controlled or subject to automatic updates for users outside of URS.
Caltex Australia
OPERATIONAL ENVIRONMENTAL MANAGEMENT PLAN CALTEX KURNELL TERMINAL
REGIONAL LOCALITY MAP Figure:
File No: 43283767-Figure 1.cdr
Drawn: LBB
Approved: RH
Date: 05/11/2015
Rev. A
1 A4
CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
Appendix B Caltex Environmental Policy
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal Interim OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 51 of 61
Version: 1.0
Caltex Environment Policy
policy
Caltex is committed to operating in such a way as to minimise adverse impacts on the environment and communities in which it operates. To achieve this aim Caltex will: Integrate Environmental protection into business strategy and planning, so that risks to and impact on the Environment are considered in business decisions, and establishing Environmental protection objectives and targets is part of Caltex’s business planning process. Reduce our environmental impact by identifying Environmental impacts of Caltex’s operations and continually improving processes and products to conserve resources, increase energy efficiency, prevent pollution and minimise waste. Maintain systems to identify and manage risks to the Environment and the communities in which Caltex operates, and prevent Environmental incidents. Measure Environmental impact performance to monitor improvement and progress towards Caltex’s Environmental objectives. Document and report Environmental performance throughout the organisation and publicly. Allocate resources to effectively manage Caltex’s Environmental impacts. Comply with Environmental legislation and with Caltex’s Environmental management systems. Audit Environmental systems regularly to verify compliance with legislation and with this policy. Communicate Environmental protection priorities and ensure those who work with Caltex are trained in and have effective tools to achieve minimum environmental impact and incident free operations. Consult with employees and the community to provide opportunities to contribute to the making of decisions affecting the environment and communities in which Caltex operates. Work ethically and constructively to influence proposed Environmental laws and regulations, and debate on emerging issues. Hold all levels of the Caltex workforce accountable for Environmental performance in their areas, and responsible for Environmental performance in their work. Be prepared for emergencies, so that the environmental outcome of any incident may be mitigated quickly and effectively.
Julian Segal Managing Director & CEO May 2015
CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
Appendix C Facility Approvals Register
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal Interim OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 52 of 61
Version: 1.0
Caltex Kurnell Terminal Approvals Register (Licences, Permit & Consents) Permit Type
Date of Issue
Date of Expiry
NSW EPA
10 Feb 2017
-
SSD 5544
NSW Government
07-Jan-2014
07-Jan-2019
Development Consent – Notice of Modification to include SSD 5544 Kurnell Refinery Demolition (MOD1)
NSW Government
10-Aug-2015
10-Aug-2018
Development Consent – Sustainable Soil Regeneration DA 15/0761 Facility (aka Caltex Soil Remediation Facility)
Sutherland Shire Council
10-Mar-2016
10-Mar-2016
Licence Variation Notice 1516944 (EPL 837)
NSW EPA
31-March-2016
-
Development Consent – Port and Berthing Works
SSD 5353
NSW Government
19-Sep-2013
19-Sep-2018
Instrument of Approval - Jet fuel Pipeline Upgrade Project
MP 11_0004
NSW Government
5 Sep-2011
-
Environment Protection Licence 837 Development Consent – Kurnell Refinery Conversion
Sustainable Soil Regeneration Facility (aka Caltex Soil Remediation Facility)
Major Hazard Facility
Reference EPL 837
10131
Issuing Authority
SafeWork NSW
Kurnell Terminal Safety Case submitted to SafeWork NSW, January 2017- now under review
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
Licence Details Number: Anniversary Date:
837 02-May
Licensee
CALTEX REFINERIES (NSW) PTY LTD LOCKED BAG 2000 TAREN POINT NSW 2229 Premises
CALTEX REFINERIES (NSW) PTY LTD 2 SOLANDER STREET KURNELL NSW 2231 Scheduled Activity Chemical storage Contaminated soil treatment Shipping in bulk
Fee Based Activity
Scale
Chemical storage waste generation Contaminated soil treatment
> 100 T annual volume of waste generated or stored Any annual handling capacity
Petroleum products storage
> 100000 kL storage capacity
Shipping in bulk
> 500000 T of annual capacity to load and unload
Region
Metropolitan - Illawarra Level 3, NSW Govt Offices, 84 Crown Street WOLLONGONG NSW 2500 Phone: (02) 4224 4100 Fax: (02) 4224 4110 PO Box 513 WOLLONGONG EAST NSW
2520
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 1 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
INFORMATION ABOUT THIS LICENCE
4 -----------------------------------------------------------------------------------------------------------
Dictionary ----------------------------------------------------------------------------------------------------------------------------------------
4
Responsibilities of licensee -----------------------------------------------------------------------------------------------------------------
4
Variation of licence conditions -------------------------------------------------------------------------------------------------------------
4
Duration of licence ----------------------------------------------------------------------------------------------------------------------------
4
Licence review ----------------------------------------------------------------------------------------------------------------------------------
4
Fees and annual return to be sent to the EPA -----------------------------------------------------------------------------------------
4
Transfer of licence -----------------------------------------------------------------------------------------------------------------------------
5
Public register and access to monitoring data -----------------------------------------------------------------------------------------
5
6 ADMINISTRATIVE CONDITIONS -----------------------------------------------------------------------------------------------------------------
1
A1
What the licence authorises and regulates -------------------------------------------------------------------------------------
6
A2
Premises or plant to which this licence applies --------------------------------------------------------------------------------
6
A3
Information supplied to the EPA ---------------------------------------------------------------------------------------------------
7
7 DISCHARGES TO AIR AND WATER AND APPLICATIONS TO LAND ---------------------------------------------------------------
2
P1
Location of monitoring/discharge points and areas --------------------------------------------------------------------------
7
8 LIMIT CONDITIONS ----------------------------------------------------------------------------------------------------------------------------------
3
L1
Pollution of waters ---------------------------------------------------------------------------------------------------------------------
8
L2
Load limits -------------------------------------------------------------------------------------------------------------------------------
8
L3
Concentration limits -------------------------------------------------------------------------------------------------------------------
8
L4
Waste -------------------------------------------------------------------------------------------------------------------------------------
10
L5
Noise limits ------------------------------------------------------------------------------------------------------------------------------- 11
L6
Potentially offensive odour ----------------------------------------------------------------------------------------------------------
12
L7
Other limit conditions ------------------------------------------------------------------------------------------------------------------
12
12 OPERATING CONDITIONS ------------------------------------------------------------------------------------------------------------------------
4
O1
Activities must be carried out in a competent manner ----------------------------------------------------------------------
12
O2
Maintenance of plant and equipment --------------------------------------------------------------------------------------------
12
O3
Dust ---------------------------------------------------------------------------------------------------------------------------------------
13
O4
Emergency response -----------------------------------------------------------------------------------------------------------------
13
O5
Processes and management -------------------------------------------------------------------------------------------------------
13
O6
Other operating conditions ----------------------------------------------------------------------------------------------------------
13
14 MONITORING AND RECORDING CONDITIONS --------------------------------------------------------------------------------------------
5
M1
Monitoring records --------------------------------------------------------------------------------------------------------------------
14
M2
Requirement to monitor concentration of pollutants discharged ---------------------------------------------------------
15
M3
Testing methods - concentration limits ------------------------------------------------------------------------------------------
16
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 2 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
M4
Testing methods - load limits ------------------------------------------------------------------------------------------------------
16
M5
Recording of pollution complaints ------------------------------------------------------------------------------------------------
16
M6
Telephone complaints line ----------------------------------------------------------------------------------------------------------
17
M7
Requirement to monitor volume or mass ---------------------------------------------------------------------------------------
17
17 REPORTING CONDITIONS ------------------------------------------------------------------------------------------------------------------------
6
R1
Annual return documents ------------------------------------------------------------------------------------------------------------
17
R2
Notification of environmental harm -----------------------------------------------------------------------------------------------
19
R3
Written report ---------------------------------------------------------------------------------------------------------------------------
19
19 GENERAL CONDITIONS ---------------------------------------------------------------------------------------------------------------------------
7
G1
Copy of licence kept at the premises or plant ---------------------------------------------------------------------------------
19
G2
Signage ----------------------------------------------------------------------------------------------------------------------------------
20
G3
Other general conditions ------------------------------------------------------------------------------------------------------------
20
25 POLLUTION STUDIES AND REDUCTION PROGRAMS ----------------------------------------------------------------------------------
8
U1
PRP U16: VOC Emissions from Petroleum Storages -----------------------------------------------------------------------
25
U2
PRP U21: Landfarm Management Plan -----------------------------------------------------------------------------------------
27
U3
PRP U25: Terminal Operations Wastewater Characterisation ------------------------------------------------------------
27
28 SPECIAL CONDITIONS -----------------------------------------------------------------------------------------------------------------------------
9
E1
SC E9: Data Gap Investigation Plan ---------------------------------------------------------------------------------------------
28
E2
SC E10: Soil Regeneration Facility -----------------------------------------------------------------------------------------------
29
E3
SC E11: Polyfluoroalkyl substances (PFAS) Data Gap Investigation ---------------------------------------------------
33
DICTIONARY
35 ----------------------------------------------------------------------------------------------------------------------------------------------
General Dictionary ----------------------------------------------------------------------------------------------------------------------------- 35
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 3 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
Information about this licence Dictionary A definition of terms used in the licence can be found in the dictionary at the end of this licence.
Responsibilities of licensee Separate to the requirements of this licence, general obligations of licensees are set out in the Protection of the Environment Operations Act 1997 (“the Act”) and the Regulations made under the Act. These include obligations to:
ensure persons associated with you comply with this licence, as set out in section 64 of the Act; control the pollution of waters and the pollution of air (see for example sections 120 - 132 of the Act); report incidents causing or threatening material environmental harm to the environment, as set out in Part 5.7 of the Act.
Variation of licence conditions The licence holder can apply to vary the conditions of this licence. An application form for this purpose is available from the EPA. The EPA may also vary the conditions of the licence at any time by written notice without an application being made. Where a licence has been granted in relation to development which was assessed under the Environmental Planning and Assessment Act 1979 in accordance with the procedures applying to integrated development, the EPA may not impose conditions which are inconsistent with the development consent conditions until the licence is first reviewed under Part 3.6 of the Act.
Duration of licence This licence will remain in force until the licence is surrendered by the licence holder or until it is suspended or revoked by the EPA or the Minister. A licence may only be surrendered with the written approval of the EPA.
Licence review The Act requires that the EPA review your licence at least every 5 years after the issue of the licence, as set out in Part 3.6 and Schedule 5 of the Act. You will receive advance notice of the licence review.
Fees and annual return to be sent to the EPA For each licence fee period you must pay:
an administrative fee; and a load-based fee (if applicable).
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 4 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
The EPA publication “A Guide to Licensing” contains information about how to calculate your licence fees. The licence requires that an Annual Return, comprising a Statement of Compliance and a summary of any monitoring required by the licence (including the recording of complaints), be submitted to the EPA. The Annual Return must be submitted within 60 days after the end of each reporting period. See condition R1 regarding the Annual Return reporting requirements. Usually the licence fee period is the same as the reporting period. Transfer of licence The licence holder can apply to transfer the licence to another person. An application form for this purpose is available from the EPA. Public register and access to monitoring data Part 9.5 of the Act requires the EPA to keep a public register of details and decisions of the EPA in relation to, for example: licence applications; licence conditions and variations; statements of compliance; load based licensing information; and load reduction agreements. Under s320 of the Act application can be made to the EPA for access to monitoring data which has been submitted to the EPA by licensees.
This licence is issued to: CALTEX REFINERIES (NSW) PTY LTD LOCKED BAG 2000 TAREN POINT NSW 2229
subject to the conditions which follow.
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 5 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
1
Administrative Conditions
A1
What the licence authorises and regulates
A1.1
This licence authorises the carrying out of the scheduled activities listed below at the premises specified in A2. The activities are listed according to their scheduled activity classification, fee-based activity classification and the scale of the operation. Unless otherwise further restricted by a condition of this licence, the scale at which the activity is carried out must not exceed the maximum scale specified in this condition. Scheduled Activity
Fee Based Activity
Scale
Chemical storage
Chemical storage waste generation
> 100 T annual volume of waste generated or stored
Contaminated soil treatment
Contaminated soil treatment
Any annual handling capacity
Chemical storage
Petroleum products storage
> 100000 kL storage capacity
Shipping in bulk
Shipping in bulk
> 500000 T of annual capacity to load and unload
A2
Premises or plant to which this licence applies
A2.1
The licence applies to the following premises:
Premises Details CALTEX REFINERIES (NSW) PTY LTD 2 SOLANDER STREET KURNELL NSW 2231 LOT 56 DP 908, LOT 57 DP 908, LOT 62 DP 908, PART LOT 11 DP 7632, PART LOT 12 DP 7632, LOT 189 DP 7632, LOT 190 DP 7632, LOT 43 DP 8135, LOT 44 DP 8135, LOT 45 DP 8135, LOT 46 DP 8135, PART LOT 77 DP 8135, LOT 78 DP 8135, LOT 79 DP 8135, PART LOT 122 DP 8135, PART LOT 123 DP 8135, PART LOT 124 DP 8135, PART LOT 125 DP 8135, LOT 137 DP 8135, PART LOT 138 DP 8135, LOT 151 DP 8135, LOT 152 DP 8135, LOT 48 DP 9564, LOT 77 DP 9564, LOT 78 DP 9564, LOT 81 DP 9564, LOT 1 DP 126647, LOT 2 DP 126647, LOT 1 DP 132055, PART LOT 1 DP 215818, LOT 2 DP 215818, LOT 1 DP 215819, LOT B DP 338897, LOT D DP 361103, PART LOT F DP 361103, LOT G DP 361103, LOT J DP 362655, LOT K DP 362655, LOT H DP 362655, PART LOT 146 DP 455883, LOT 147 DP 455883, LOT 148 DP 455883, LOT 1 DP 652262, LOT 139 DP 662996, LOT 139 DP 662997, LOT 283 DP 752064, LOT 570 DP 752064, LOT 24 DP 776328, LOT 25 DP 776328, LOT 1 DP 1044690, LOT 1 DP 1087718, PART LOT 2 DP 1087718, LOT 3 DP 1087718, PART LOT 4 DP 1087718, LOT 5 DP 1087718, LOT 6 DP 1087718, LOT 1 DP 1087807, LOT 2 DP 1087807 LOT 1 PO1963/147; LOT 1 PO1967/168
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 6 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
A3
Information supplied to the EPA
A3.1
Works and activities must be carried out in accordance with the proposal contained in the licence application, except as expressly provided by a condition of this licence. In this condition the reference to "the licence application" includes a reference to: a) the applications for any licences (including former pollution control approvals) which this licence replaces under the Protection of the Environment Operations (Savings and Transitional) Regulation 1998; and b) the licence information form provided by the licensee to the EPA to assist the EPA in connection with the issuing of this licence.
2
Discharges to Air and Water and Applications to Land
P1
Location of monitoring/discharge points and areas
P1.1
The following utilisation areas referred to in the table below are identified in this licence for the purposes of the monitoring and/or the setting of limits for any application of solids or liquids to the utilisation area.
P1.2
The following points referred to in the table are identified in this licence for the purposes of the monitoring and/or the setting of limits for discharges of pollutants to water from the point.
Water and land EPA Identification no.
Type of Discharge Point
Location Description
1
Discharge to waters
2
Discharge to waters
Cooling water pipe discharging into Botany Bay labelled "1" on drawing No. 18588 titled "Environment Protection Licence EPA Identification Points" dated 21 July 2015. Note: Monitoring is at Point 26 and Point 33. Submerged ocean outfall at Yena Gap labelled "2" on drawing No. 18588 titled "Environment Protection Licence EPA Identification Points" dated 21 July 2015. Note: Monitoring is at Point 27. Bioremediation plot (landfarm) permanent monitoring well PWM 8 labelled "15" on drawing No. 18588 titled "Environment Protection Licence EPA Identification Points" dated 21 July 2015.
15
Type of Monitoring Point
Groundwater quality monitoring
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 7 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
16
Groundwater quality monitoring
27
Effluent quality and volume monitoring
Bioremediation plot - (landfarm) permanent monitoring well (PMW) 33 labelled "16" on drawing No. 18588 titled "Environment Protection Licence EPA Identification Points" dated 21 July 2015. Sampling port in wastewater treatment plant labelled "27" on drawing No. 18588 titled "Environment Protection Licence EPA Identification Points" dated 21 July 2015. Note: Discharge is at Point 2.
3
Limit Conditions
L1
Pollution of waters
L1.1
Except as may be expressly provided in any other condition of this licence, the licensee must comply with section 120 of the Protection of the Environment Operations Act 1997.
L2
Load limits
L2.1
The actual load of an assessable pollutant discharged from the premises during the reporting period must not exceed the load limit specified for the assessable pollutant in the table below.
Note: An assessable pollutant is a pollutant which affects the licence fee payable for the licence. L2.2
The actual load of an assessable pollutant must be calculated in accordance with the relevant load calculation protocol. Assessable Pollutant
Benzene (Air) Volatile organic compounds - Summer (Air) Volatile organic compounds (Air)
Load limit (kg)
6000.00
3000000.00
L3
Concentration limits
L3.1
For each monitoring/discharge point or utilisation area specified in the table\s below (by a point number), the concentration of a pollutant discharged at that point, or applied to that area, must not exceed the concentration limits specified for that pollutant in the table.
L3.2
Where a pH quality limit is specified in the table, the specified percentage of samples must be within the
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 8 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
specified ranges. L3.3
To avoid any doubt, this condition does not authorise the pollution of waters by any pollutant other than those specified in the table\s.
L3.4
Water and/or Land Concentration Limits
POINT 2 Pollutant
Units of Measure
50 percentile concentration limit
Arsenic
milligrams per litre
0.07
Biochemical oxygen demand
milligrams per litre
20
BOD (Wet)
milligrams per litre
Lead
milligrams per litre
0.025
-
Nickel
milligrams per litre
0.03
-
Nitrogen (ammonia)
milligrams per litre
7.5
-
Oil and Grease
milligrams per litre
10
-
Oil and grease (Wet)
milligrams per litre
pH
pH
Phenols
milligrams per litre
Phenols (Wet)
milligrams per litre
Polycyclic aromatic hydrocarbons
milligrams per litre
Temperature
degrees Celsius
Total suspended solids
milligrams per litre
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
80 percentile concentration limit
90 percentile concentration limit
100 percentile concentration limit
30
-
350
70 6.5-8.5 0.3
6.0-9.0 2.7 5
0.03
0.5
40 35
50
-
Page 9 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
TSS (Wet)
milligrams per litre
100
Note: The pH limit specified for Point 2 is based on a 6 minute rolling average. L3.5
For the purposes of Condition L3.4, for periods when the biotreater wastewater treatment plant is under bypass conditions as specified in Condition O6.3 of this licence, only the concentration limits for pH and Temperature and those which include the term “Wet” applies for discharges from Point 2.
L3.6
For the purposes of Condition L3.4, phenols at Point 2 should be read as total phenolics.
L4
Waste
L4.1
The licensee must not cause, permit or allow any waste to be received at the premises, except the wastes expressly referred to in the column titled “Waste” and meeting the definition, if any, in the column titled “Description” in the table below. Any waste received at the premises must only be used for the activities referred to in relation to that waste in the column titled “Activity” in the table below. Any waste received at the premises is subject to those limits or conditions, if any, referred to in relation to that waste contained in the column titled “Other Limits” in the table below. This condition does not limit any other conditions in this licence.
Code
Waste
Description
Activity
Other Limits
NA
Petroleum hydrocarbon contaminated soil
Hydrocarbon contaminated soil that complies with the Soil Acceptance criteria as specified in the Soil Acceptance Protocol and Validation Plan prepared by Enviropacific Services Pty Ltd dated March 2016 or as otherwise revised.
Resource recovery Contaminated Soil Treatment
NA
NA
General or Specific exempted waste Waste Waste oil/hydrocarbons mixtures/emulsions in water
NA J120
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
NA NA Generated from licensee activities and/or transferred via pipeline from Caltex Banksmeadow Terminal
Page 10 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
L4.2
The licensee may receive used ballast and tank washing water from ships associated with the premises. The received ballast and tank washing water may be appropriately treated at the premises by the wastewater treatment plant. For the purposes of this licence, used ballast and tank washings from ships associated with the premises are not considered to be wastes.
L4.3
The licensee may receive water and/or wastewater generated from the maintenance of product transfer pipelines associated with the premises. The received water and/or wastewater generated from the product transfer pipelines may be appropriately treated at the premises by the wastewater treatment plant. For the purpose of this licence water and/or wastewater received from product transfer pipelines is not considered to be a waste.
L4.4
The licensee may receive biotreater sludge from another biological wastewater treatment plant in quantities sufficient for re-seeding (inoculating) the biological wastewater treatment plant (less than 500 tonnes per annum). For the purposes of this licence biotreater sludge is not considered to be a waste.
L4.5
The licensee may receive petroleum product mixtures known as “slops” from the Caltex Sydney Terminal at Banksmeadow (Licence 6950). The petroleum product mixtures must be received via pipeline only and either processed onsite or transferred to another refinery for reprocessing back into individual petroleum products. For the purposes of this licence, petroleum product mixtures are not considered to be a waste.
Note: “Slops” is a general term used to describe petroleum product/s which do not meet the required product specification. It can be a mixture of two different petroleum products generated within a transfer pipeline when the remainder of one petroleum product is pushed through the pipeline using a second different product.
L5
Noise limits
L5.1
Noise from the premises must not exceed: a) An LAeq(15 minute) noise emission criterion of 60dB(A) (7:00am to 6:00pm) seven days a week; and b) An LAeq(15 minute) noise emission criterion of 50dB(A) at all other times, and c) An LAmax noise emission criterion of 55dB(A) (10:00pm to 7:00am) except as expressly provided by this licence.
L5.2
Noise from the premises is to be measured or computed at any point within one metre of any affected residence to determine compliance with condition L5.1. 5dB(A) must be added if the noise is tonal or impulsive in character.
L5.3
Where it can be demonstrated that direct measurement of noise from the premises is impractical, the EPA may accept alternative means of determining compliance. See Chapter 11 of the NSW Industrial Noise Policy January 2000 for general guidance on determining compliance.
L5.4
For the purposes of determining the noise generated at the premises the modification factors in Section 4 of the NSW Industrial Noise Policy must be applied, as appropriate, to the noise levels measured by the noise monitoring equipment.
L5.5
The noise emission limits identified in Condition L5.1 of this licence, apply under meteorological conditions of: a) Wind speed up to 3 m/s at 10 metres above ground level; and b) Temperature inversion conditions up to 3 degrees Celsius/100 metres and wind speed up to 2 m/s at
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Page 11 of 39
Section 55 Protection of the Environment Operations Act 1997
Environment Protection Licence Licence - 837
10 metres above the ground.
L6
Potentially offensive odour
L6.1
The licensee must not cause or permit the emission of offensive odour beyond the boundary of the premises.
L6.2
No condition of this licence identifies a potentially offensive odour for the purposes of section 129 of the Protection of the Environment Operations Act 1997.
Note: Section 129 of the Protection of the Environment Operations Act 1997, provides that the licensee must not cause or permit the emission of any offensive odour from the premises but provides a defence if the emission is identified in the relevant environment protection licence as a potentially offensive odour and the odour was emitted in accordance with the conditions of a licence directed at minimising odour.
L7
Other limit conditions
L7.1
Polychlorinated Biphenyls (PCBs)
Note: The licensee must comply with the conditions as specified in this licence or where no specific conditions are outlined in this licence, the licensee must comply with the "Chemical Control Order in Relation to Materials and Wastes Containing Polychlorinated Biphenyl, 1997". L7.2
Asbestos
Note: The licensee must comply with the conditions as specified in this licence or where no specific conditions are outlined in this licence, the licensee must comply with the Protection of the Environment Operations (Waste) Regulation 2014.
4
Operating Conditions
O1
Activities must be carried out in a competent manner
O1.1 Licensed activities must be carried out in a competent manner. This includes: a) the processing, handling, movement and storage of materials and substances used to carry out the activity; and b) the treatment, storage, processing, reprocessing, transport and disposal of waste generated by the activity.
O2
Maintenance of plant and equipment
O2.1 All plant and equipment installed at the premises or used in connection with the licensed activity: a) must be maintained in a proper and efficient condition; and Environment Protection Authority - NSW Licence version date:
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b) must be operated in a proper and efficient manner.
O3
Dust
O3.1 The premises must be maintained in a condition which minimises or prevents the emission of dust from the premises.
O4
Emergency response
O4.1 The licensee must maintain, and implement as necessary, a current emergency response plan for the premises. The licensee must keep the emergency response plan on the premises at all times. The emergency response plan must document systems and procedures to deal with all types of incidents (e.g. spills, explosions or fire) that may occur at the premises or that may be associated with activities that occur at the premises and which are likely to cause harm to the environment. If a current emergency response plan does not exist at the date on which this condition is attached to the licence, the licensee must develop an emergency response plan within three months of that date.
O5
Processes and management
O5.1 The licensee must ensure that any liquid and/or non liquid waste generated and/or stored at the premises is assessed and classified in accordance with the EPA Waste Classification Guidelines as in force from time to time. O5.2 The licensee must ensure that waste identified for recycling is stored separately from other waste.
O6
Other operating conditions
O6.1 Use of the biotreater wastewater treatment plant bypass O6.2 All wastewater must be treated using the biotreater wastewater treatment plant or the oil/water separators and induced air flotation system prior to discharge at point 2 (Yena Gap). O6.3 Wastewater that has passed through the oil/water separator can only bypass the biotreater wastewater treatment plant for treatment in the induced air flotation unit (IAF) when: 1. The influent flowrate exceeds the biotreater operational maximum treatment capacity and both the effluent diversion tank and the equalisation tank are more than 85% full, or 2. The transfer capacity of the diversion pumps and the equalisation tank feed pumps are insufficient to deal with the wastewater flow, or 3. The biotreater wastewater treatment plant is off line for essential maintenance, or 4. The pump capacity of the bypass pumps (number 15G-27) is being conducted to check maximum Environment Protection Authority - NSW Licence version date:
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pump capacities and equipment availability, or 5. The influent flowrate to the biotreater falls below its operational minimum treatment capacity (150kL/h). Note: The above bypass conditions may be varied in discussion with the licensee. In reviewing these conditions the EPA will take into consideration information including the frequency and duration of bypass events, monitoring data obtained under Condition M2 and the “Terminal Operations Wastewater Characterisation” Pollution Reduction Program. O6.4 Whenever wastewater bypasses the biotreater wastewater treatment plant and is discharged at Point 2 (Yena Gap), the licensee must maintain the flowrate through the biotreater wastewater treatment plant at its operational maximum treatment capacity, unless the biotreater wastewater treatment plant is off-line for essential maintenance or the influent flow rate to the biotreater falls below 150kL/h. Note: The biotreater bypass system (including the oil/water separators and induced air flotation system) is intended to act as a back-up system for the biotreater wastewater treatment plant. The intention of Conditions O6.1 to O6.4 is to ensure that the biotreater wastewater treatment plant is treating wastewater within its operational maximum and minimum treatment capacities before wastewater is directed to the biotreater bypass system. The “operational maximum treatment capacity” for the biotreater wastewater treatment plant is notionally 600kL/h. It may be less than 600kL/h depending on the number of “healthy” organisms in the biotreater wastewater treatment plant and the volume of wastewater stored in the equalisation tank. O6.5 The licensee must record the time, date, duration and reason of each biotreater wastewater treatment plant bypass event.
5
Monitoring and Recording Conditions
M1
Monitoring records
M1.1 The results of any monitoring required to be conducted by this licence or a load calculation protocol must be recorded and retained as set out in this condition. M1.2 All records required to be kept by this licence must be: a) in a legible form, or in a form that can readily be reduced to a legible form; b) kept for at least 4 years after the monitoring or event to which they relate took place; and c) produced in a legible form to any authorised officer of the EPA who asks to see them. M1.3 The following records must be kept in respect of any samples required to be collected for the purposes of this licence: a) the date(s) on which the sample was taken; b) the time(s) at which the sample was collected; c) the point at which the sample was taken; and d) the name of the person who collected the sample.
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M2
Requirement to monitor concentration of pollutants discharged
M2.1 For each monitoring/discharge point or utilisation area specified below (by a point number), the licensee must monitor (by sampling and obtaining results by analysis) the concentration of each pollutant specified in Column 1. The licensee must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns: M2.2 Water and/ or Land Monitoring Requirements
POINT 15,16
Pollutant
Units of measure
Frequency
Sampling Method
Benzene
milligrams per litre
Quarterly
Grab sample
Ethyl benzene
milligrams per litre
Quarterly
Grab sample
Lead
milligrams per litre
Quarterly
Grab sample
pH
pH
Quarterly
Grab sample
Standing Water Level Toluene
metres
Quarterly
Special Method 1
milligrams per litre
Quarterly
Grab sample
Total petroleum hydrocarbons Total Phenolics
milligrams per litre
Yearly
Grab sample
milligrams per litre
Quarterly
Grab sample
Xylene
milligrams per litre
Quarterly
Grab sample
Pollutant
Units of measure
Frequency
Sampling Method
2,4-dimethylphenol
milligrams per litre
Monthly
24 hour composite sample
Arsenic
milligrams per litre
Monthly
24 hour composite sample
Benzene
milligrams per litre
Monthly
24 hour composite sample
Biochemical oxygen demand BOD (Wet)
milligrams per litre
Every 6 days
Grab sample
milligrams per litre
Special Frequency 2
Grab sample
Ethyl benzene
milligrams per litre
Monthly
24 hour composite sample
Lead
milligrams per litre
Monthly
24 hour composite sample
Naphthalene
milligrams per litre
Monthly
24 hour composite sample
Nickel
milligrams per litre
Monthly
24 hour composite sample
Nitrogen (ammonia)
milligrams per litre
Every 6 days
Grab sample
Oil and Grease
milligrams per litre
Every 6 days
Grab sample
Oil and grease (Wet)
milligrams per litre
Special Frequency 2
Grab sample
pH
pH
Continuous
In line instrumentation
Phenanthrene
milligrams per litre
Monthly
24 hour composite sample
Phenols
milligrams per litre
Every 6 days
Grab sample
Phenols (Wet)
milligrams per litre
Special Frequency 2
Grab sample
Polycyclic aromatic hydrocarbons
milligrams per litre
Monthly
24 hour composite sample
POINT 27
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Sulfide (un-ionised hydrogen sulfide) Temperature
milligrams per litre
Every 6 days
Grab sample
degrees Celsius
Continuous
In line instrumentation
Toluene
milligrams per litre
Monthly
24 hour composite sample
Total suspended solids TSS (Wet)
milligrams per litre
Every 6 days
Grab sample
milligrams per litre
Special Frequency 2
Grab sample
Note: For the purposes of the table above for Point 27: a) Special Frequency 2 means daily only during any discharge under biotreater wastewater treatment plant bypass conditions as specified in condition O6.3. b) any monitoring required for phenols is to be read as total phenolics c) the monitoring conducted at Point 27 is conducted to determine compliance with limits specified in Condition L3.4 for discharges from Point 2. Note: For the purposes of the table above for Points 15 and 16 above: a) Special Method 1 means recording of standing water level by measuring the depth to groundwater using an electronic dip meter with 1mm graduated tape; and b) The Standing Water Level is to be measured in metres as the depth below the top of the monitoring well casing.
M3
Testing methods - concentration limits
M3.1 Subject to any express provision to the contrary in this licence, monitoring for the concentration of a pollutant discharged to waters or applied to a utilisation area must be done in accordance with the Approved Methods Publication unless another method has been approved by the EPA in writing before any tests are conducted.
M4
Testing methods - load limits
Note: Division 3 of the Protection of the Environment Operations (General) Regulation 2009 requires that monitoring of actual loads of assessable pollutants listed in L2.2 must be carried out in accordance with the relevant load calculation protocol set out for the fee-based activity classification listed in the Administrative Conditions of this licence.
M5
Recording of pollution complaints
M5.1 The licensee must keep a legible record of all complaints made to the licensee or any employee or agent of the licensee in relation to pollution arising from any activity to which this licence applies.
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M5.2 The record must include details of the following: a) the date and time of the complaint; b) the method by which the complaint was made; c) any personal details of the complainant which were provided by the complainant or, if no such details were provided, a note to that effect; d) the nature of the complaint; e) the action taken by the licensee in relation to the complaint, including any follow-up contact with the complainant; and f) if no action was taken by the licensee, the reasons why no action was taken. M5.3 The record must be produced to any authorised officer of the EPA who asks to see them. M5.4 The record of a complaint must be kept for at least 4 years after the complaint was made.
M6
Telephone complaints line
M6.1 The licensee must operate during its operating hours a telephone complaints line for the purpose of receiving any complaints from members of the public in relation to activities conducted at the premises or by the vehicle or mobile plant, unless otherwise specified in the licence. M6.2 The licensee must notify the public of the complaints line telephone number and the fact that it is a complaints line so that the impacted community knows how to make a complaint. M6.3 The preceding two conditions do not apply until 3 months after the date of the issue of this licence.
M7
Requirement to monitor volume or mass
M7.1 For each discharge point or utilisation area specified below, the licensee must monitor: a) the volume of liquids discharged to water or applied to the area; b) the mass of solids applied to the area; c) the mass of pollutants emitted to the air; at the frequency and using the method and units of measure, specified below. POINT 27 Frequency
Unit of Measure
Sampling Method
Continuous during discharge
kilolitres per day
In line instrumentation
6
Reporting Conditions
R1
Annual return documents
R1.1 The licensee must complete and supply to the EPA an Annual Return in the approved form comprising: 1. a Statement of Compliance, 2. a Monitoring and Complaints Summary, Environment Protection Authority - NSW Licence version date:
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3. a Statement of Compliance - Licence Conditions, 4. a Statement of Compliance - Load based Fee, 5. a Statement of Compliance - Requirement to Prepare Pollution Incident Response Management Plan, 6. a Statement of Compliance - Requirement to Publish Pollution Monitoring Data; and 7. a Statement of Compliance - Environmental Management Systems and Practices. At the end of each reporting period, the EPA will provide to the licensee a copy of the form that must be completed and returned to the EPA. R1.2 An Annual Return must be prepared in respect of each reporting period, except as provided below. Note: The term "reporting period" is defined in the dictionary at the end of this licence. Do not complete the Annual Return until after the end of the reporting period. R1.3 Where this licence is transferred from the licensee to a new licensee: a) the transferring licensee must prepare an Annual Return for the period commencing on the first day of the reporting period and ending on the date the application for the transfer of the licence to the new licensee is granted; and b) the new licensee must prepare an Annual Return for the period commencing on the date the application for the transfer of the licence is granted and ending on the last day of the reporting period. Note: An application to transfer a licence must be made in the approved form for this purpose. R1.4 Where this licence is surrendered by the licensee or revoked by the EPA or Minister, the licensee must prepare an Annual Return in respect of the period commencing on the first day of the reporting period and ending on: a) in relation to the surrender of a licence - the date when notice in writing of approval of the surrender is given; or b) in relation to the revocation of the licence - the date from which notice revoking the licence operates. R1.5 The Annual Return for the reporting period must be supplied to the EPA via eConnect EPA or by registered post not later than 60 days after the end of each reporting period or in the case of a transferring licence not later than 60 days after the date the transfer was granted (the 'due date'). R1.6 Where the licensee is unable to complete a part of the Annual Return by the due date because the licensee was unable to calculate the actual load of a pollutant due to circumstances beyond the licensee's control, the licensee must notify the EPA in writing as soon as practicable, and in any event not later than the due date. The notification must specify: a) the assessable pollutants for which the actual load could not be calculated; and b) the relevant circumstances that were beyond the control of the licensee. R1.7 The licensee must retain a copy of the Annual Return supplied to the EPA for a period of at least 4 years after the Annual Return was due to be supplied to the EPA. R1.8 Within the Annual Return, the Statements of Compliance must be certified and the Monitoring and Complaints Summary must be signed by: a) the licence holder; or b) by a person approved in writing by the EPA to sign on behalf of the licence holder.
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R2
Notification of environmental harm
Note: The licensee or its employees must notify all relevant authorities of incidents causing or threatening material harm to the environment immediately after the person becomes aware of the incident in accordance with the requirements of Part 5.7 of the Act. R2.1 Notifications must be made by telephoning the Environment Line service on 131 555. R2.2 The licensee must provide written details of the notification to the EPA within 7 days of the date on which the incident occurred.
R3
Written report
R3.1 Where an authorised officer of the EPA suspects on reasonable grounds that: a) where this licence applies to premises, an event has occurred at the premises; or b) where this licence applies to vehicles or mobile plant, an event has occurred in connection with the carrying out of the activities authorised by this licence, and the event has caused, is causing or is likely to cause material harm to the environment (whether the harm occurs on or off premises to which the licence applies), the authorised officer may request a written report of the event. R3.2 The licensee must make all reasonable inquiries in relation to the event and supply the report to the EPA within such time as may be specified in the request. R3.3 The request may require a report which includes any or all of the following information: a) the cause, time and duration of the event; b) the type, volume and concentration of every pollutant discharged as a result of the event; c) the name, address and business hours telephone number of employees or agents of the licensee, or a specified class of them, who witnessed the event; d) the name, address and business hours telephone number of every other person (of whom the licensee is aware) who witnessed the event, unless the licensee has been unable to obtain that information after making reasonable effort; e) action taken by the licensee in relation to the event, including any follow-up contact with any complainants; f) details of any measure taken or proposed to be taken to prevent or mitigate against a recurrence of such an event; and g) any other relevant matters. R3.4 The EPA may make a written request for further details in relation to any of the above matters if it is not satisfied with the report provided by the licensee. The licensee must provide such further details to the EPA within the time specified in the request.
7
General Conditions
G1
Copy of licence kept at the premises or plant
G1.1 A copy of this licence must be kept at the premises to which the licence applies. Environment Protection Authority - NSW Licence version date:
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G1.2 The licence must be produced to any authorised officer of the EPA who asks to see it. G1.3 The licence must be available for inspection by any employee or agent of the licensee working at the premises.
G2
Signage
G2.1 The location of EPA point number(s) 1,2,15,16 and 27 must be clearly marked by signs that indicate the point identification number used in this licence and be located as close as practical to the point.
G3
Other general conditions
G3.1 Completed Programs
Program
Description
PRP 1: Mandatory Environmental Audit PRP 2: Noise Assessment Report PRP 3: CEM System Certification Testing PRP 4: Review of Environmental Impact of Cooling Water Discharge at Point 1 PRP 5: Water Quality to Stormwater
PRP 6: Septic Effluent Study PRP 7: Air Impact Assessment PRP U1: Leak Detection and Repair Program (LDAR)
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Completed Date
To investigate environmental monitoring systems, identify deficiencies and recommend solutions to monitoring system deficiencies To assess the noise impact of the activities of the premises. To ensure CEMs installed at Point 8 are accurate. To ensure that any impacts from residual chlorine in cooling water discharge at Point 1 are minimised
20-October-2003
To improve the quality of stormwater discharging through the stormwater treatment system to achieve no visible oil and grease release in the waters adjacent to Gate 5 and within Quibray Bay. To reduce the environmental impacts of septic waste release from the premises to Yena Gap and Tabbigai Gap. Assess the impact of air pollutant emissions from the premises. To minimise emissions of benzene and VOCs from process equipment within the premises. The reduction program will first focus on the significant areas of benzene emissions at the premises through a Focussed Leak Detection and Repair (FLDAR) Program and then progress to a Leak Detection and Repair (LDAR) Program to relevant process equipment across the whole of the premises.
30-March-2005
31-January-2004 31-January-2004 19-December-2003
24-December-2004
04-April-2005 28-January-2009
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PRP U2: Interim Sulfur Dioxide (SO2) Mitigation
PRP U3: Sulfur Recovery Unit (SRU) - Reliability Improvement Report and Program
PRP U4: Ambient Sulfur Dioxide (SO2) Monitoring Stations PRP U5: Identification of Major Sources of Sulfur Dioxide (SO2) PRP U6: Sulfur Dioxide (SO2) Emissions Inventory PRP U7: Sulfur Dioxide (SO2) Impact Assessment and Risk Assessment PRP U8: Sulfur Dioxide (SO2) Mitigation
PRP U9: Common Stack (45F-10) H2S Emissions Study
PRP U10: Validation of Boiler Performance and Oxides of Nitrogen (NOx) Emission Limits Study
PRP U11: Noise Impact Assessment PRP U12: Solid Particles and Hazardous Substances Impact Assessment Environment Protection Authority - NSW Licence version date:
10-Feb-2017
To develop and design sulfur dioxide (SO2) mitigation options to minimise 1-hour average ground level concentrations of SO2 under normal operating conditions using the results of year 2002 dispersion modelling completed to date. To improve the reliability of the Sulfur Recovery Unit (SRU) to minimise unplanned shutdowns of the SRU Back End, which result in Acid Gas Diversion to the SRU #1 Waste Gas Incinerator (45F-453), and thus reduce ground level concentrations of sulfur dioxide (SO2). To determine the actual concentrations of SO2 in the Kurnell community through the establishment of ambient SO2 monitoring stations. To define and identify the major, non-major and negligible sources of SO2 at the premises.
27-June-2006
To quantify the major, non major and negligible sources of SO2 from the premises.
31-January-2008
To undertake an air quality impact assessment to ensure that the premises can comply with the EPA's SO2 impact assessment criteria and to characterise SO2 emissions from all sources using risk analysis. To identify the most cost-effective mitigation measures that will ensure compliance with the EPA’s sulfur dioxide (SO2) health based impact assessment criteria under all operating and meteorological conditions and to develop site specific SO2 emission limits for Points 7 and 8 and all other all major sources at the premises. To investigate the emissions of hydrogen sulfide (H2S) from the common stack (45F-10) under acid gas diversion for the current operation of the refinery and with the Clean Fuels Project implemented and compare the emissions with the requirements of the POEO (Clean Air) Regulation 2002. To establish individual oxides of nitrogen emission limits for discharge points 29,30,31 and 32 to replace the existing average emission concentration limit. The emission limits will reflect the operation and maintenance of the boilers in a proper and efficient manner, and ensure compliance with the EPA’s health based impact assessment criteria for nitrogen dioxide. To assess the impact of noise from the refinery including the operation of Clean Fuels Plant. to undertake an air quality impact assessment to ensure the premises can comply with the EPA’s environmental outcomes for solid particles and hazardous substances
30-May-2008
29-November-2009
29-September-2007
31-May-2006
28-November-2008
06-October-2007
30-May-2008
15-August-2006 01-June-2008
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PRP U13: Contaminated Sites Assessment, Classification and Risk Ranking Requirement.
PRP U14: Contaminated Sites Risk Reduction Program
PRP U15: Odour Reduction Program
PRP U18: Threatened Species Management Plan
PRP U23: Integrated Waste Management Strategy
PRP U24: Stormwater Catchment & Management Program
To develop upon existing contaminated site management practice and to develop and implement a comprehensive risk reduction program comprised of: - a preliminary soil and groundwater contamination risk reduction plan - a comprehensive contaminated site assessment and risk ranking - a stakeholder consultation plan - procedures for on-going management of contaminated site risk, and - an on-going review, update and implementation of a soil and groundwater monitoring plan To establish a program for reduction of risk to human health or any other aspect of the environment associated with contaminated soil and/or groundwater. Risk reduction measures may include preventing further contamination from sources identified in Condition U13 of this licence, by installing long term contamination controls, and minimising the human and environmental impact existing contamination by undertaking site remediation works. To continue to implement current odour mitigation measures and to undertake an odour assessment of the premises and develop an odour reduction program to further prevent the emission of any offensive odours from the premises. To assess the risk of harm to threatened species, populations and EECs from actual or potential pollution from the premises and to identify management options to minimise any potential harm. To develop and implement an Integrated Waste Management Strategy to track and manage all waste materials generated and stored at the premises. This Pollution Reduction Program is closely linked to PRP U21 "Landfarm Management Plan". To assess the existing stormwater and waste water collection systems and identify appropriate management strategies where necessary to prevent the discharge of contaminated waters from the premises at all times.
04-June-2007
10-December-2007
02-May-2014
14-December-2015
14-December-2012
05-October-2012
Completed Special Conditions
Special Condition
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Description
Completed Date
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SC E2: Investigations to Reduce Soot Blowing Activities & Associated Air Emissions
To review the current soot blowing activities for the two FCCUs and investigate options to: a) reduce the need for soot blowing b) reduce particulate emissions associated with soot blowing, and c) comply with CAR Group 5 standards.
31 August 2011
SC E3: Feasibility Study for Particle Monitoring
To investigate the feasibility of replacing continuous opacity monitoring with continuous TSP and PM10 emission monitoring for both FCCUs and the four Powerplant Boilers and to identify a preferred option for implementation.
14 December 2011
SC E6: Vegetation Monitoring Program
To engage a suitably qualified ecological practitioner and developed a Vegetation Monitoring Program (VMP) to monitor any potential impacts on the Towra Point Nature Reserve as well as the adjacent Towra Point Aquatic Reserve over a 12 month period following the discharge of oily waters from the premises in June 2010.
31 August 2011
SC E7: Mandatory Environmental Audit
To undertake an independent environmental audit of the systems and procedures in place for the importation of “primary imported products” to ensure the activities can reliably and robustly comply with Section 129 of the POEO Act at all times. The audit is in response to the odour incident which occurred between April and June 2010.
Draft Report submitted: 28 September 2012 Final Report submitted: 20 November 2012 Implementation Report submitted: 26 April 2013 Progress Report submitted: 18 December 2013
SC E8: Bio-Pile Pilot Trial
To assess the feasibility, sustainability and benefits of a constructed Bio-Pile at the Kurnell Refinery for the treatment, remediation and reuse of hydrocarbon impacted soils sourced from offsite locations
Final Report submitted: 18 December 2015
Deleted PRPs and Special Conditions
PRP or Special Condition
Description
Environment Protection Authority - NSW Licence version date:
10-Feb-2017
Original Completion Date
Date Removed
Reason
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PRP U17: Noise Impact Assessment and Mitigation
To continue to implement and evaluate noise mitigation measures installed at the premises and to undertake a Noise Impact Assessment to assess other significant noise sources to achieve an agreed level of noise reduction across the plant.
15 December 2014
13 November 2012
Removed from licence due to closure of the Refinery announced on 26 July 2012. Refinery to be converted into a fuel terminal by end of 2014. Noise issues will be assessed in the EIS for the terminal conversion project. Noise levels will reduce significantly in terminal mode.
PRP U19: Wastewater Survey - Yena Gap Discharge
To characterise the wastewater being discharged to Yena Gap and to assess the environmental risks.
15 December 2013
13 November 2012
Removed from licence due to closure of the Refinery announced on 26 July 2012. Refinery to be converted into a fuel terminal by end of 2014. Wastewater discharges will be assessed in the EIS for the terminal conversion project. A PRP addressing wastewater and its treatment may be negotiated and included as part of the Caltex terminal licence.
PRP U22: Major Oil Spill Clean Up Contingency Plan
To develop a contingency plan for the management and interim storage of oily and/or various other waste streams in the event of a major spill incident occurring outside of the Kurnell Refinery.
30 March 2015
13 November 2012
Removed from licence due to closure of the Refinery announced on 26 July 2012. Refinery to be converted into a fuel terminal by end of 2014. A similar PRP may be negotiated and included as part of the Caltex terminal licence.
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SC E4: Air Quality Impact Assessment
To demonstrate that current operations at the premises can continue to achieve acceptable environmental outcomes for solid particles (PM10 and TSP) and hazardous substances.
13 December 2013
13 November 2012
Removed from licence due to closure of the Refinery announced on 26 July 2012. Refinery to be converted into a fuel terminal by end of 2014. Air Quality to be assessed in the EIS for the terminal conversion project.
SC E5: Cost Benefit Analysis for Upgrading Plant and Equipment to Meet Group 5 Standards
To undertake a cost benefit analysis for upgrading the two Fluidised Catalytic Cracking Units and four power plant Boilers to meet Group 5 standards and emission standards consistent with best available techniques (BAT).
13 June 2014
13 November 2013
Removed from licence due to closure of the Refinery announced on 26 July 2012. Refinery to be converted into a fuel terminal by end of 2014. Air Quality to be assessed in the EIS for the terminal conversion project.
PRP U20: Soil/Groundwater Risk Reduction Program
To review and update the soil and groundwater contamination risk assessment and Groundwater Monitoring Plan developed in accordance with the Contaminated Sites Risk Reduction Program.
15 December 2015
15 January 2015
Removed from the licence due to the completion of the Preliminary Investigation Order (PIO) (Notice 20131001) issued under section 10 of the Contaminated Land Management Act 1997 on 17 June 2013. Special Condition SC E9 has been added to the licence as an outcome of the PIO.
8
Pollution Studies and Reduction Programs
U1
PRP U16: VOC Emissions from Petroleum Storages
Note: Following implementation of a Leak Detection and Repair (LDAR) program, the Refinery has demonstrated a significant reduction in Benzene and VOC fugitive emissions. The USEPA TANKS program has shown that there may be opportunity to further reduce Benzene and VOC emissions from the storage of petroleum products through the application of sleeves on slotted guidepoles on storage tanks. Objective The objective of this program is to assess the effectiveness of sleeves on slotted guidepoles in reducing Environment Protection Authority - NSW Licence version date:
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reported benzene and VOC emissions from storage tanks. U1.1 PRP U16.1: Trial Tank Sleeve Program The licensee must prepare and submit a report to EPA outlining a trial program for the installation of sleeves on slotted guidepoles on a representative petroleum storage tank. The report must be prepared in consultation with and agreed to by the EPA. It must include, but need not be limited to identification of and justification for the storage tank to be used for the trial and timing of the installation. This may include taking into account factors such as throughput, volume, access and maintenance issues. Completion Date: 30 September 2012
U1.2 PRP U16.2: Implementation of the Tank Sleeve Program In response to PRP U16.1, Caltex advised that due to a larger than usual number of tanks being taken out of service, cleaned and modified for future service as part of the refinery conversion project, the original tank sleeve trial program will not be undertaken. Instead, Caltex has committed to install sleeves on slotted guide poles on 12 External Floating Roof Tanks (EFRTs) that will be in Gasoline service after the transition from a refinery to a terminal. This new program will result in more than one tank being upgraded during the conversion program and establishes a framework for upgrading all EFRTs. The tank sleeve program will be implemented in three parts. Part one and two will be carried out during the conversion program. Part three will be carried out as part of the ongoing tank maintenance program at the Kurnell Refinery. Part 1 - Pre-transition to Terminal - 4 EFRTs will be upgraded - Completion Date: 31 October 2014 Part 2 - Post-transition to Terminal - 6 EFRTs will be upgraded - Completion Date: 31 December 2017 Part 3 - Terminal Turnaround and Inspection - 2 EFRTs will be upgraded - Completion Date: 31 December 2020 The licensee must complete the tank sleeve program in accordance with the response provided for PRP U16.1 dated 21 December 2012 unless otherwise agreed in writing by the EPA. A report must be prepared and submitted to the EPA at the completion of each stage which includes but need not be limited to: a) an assessment of the effectiveness of the program, including: • identification of the tanks that have been upgraded • the reductions in reported Benzene and VOC emissions from each tank by modelling using USEPA TANKS program, before and after the installation of the sleeves; • the reduction in annual load fees for Benzene and VOCs (including Summer VOCs).
b) an update on the remaining tank installations and associated installation timeframes; Completion Dates: Report for Part 1: 28 November 2014 Report for Part 2: 31 December 2017 Report for Part 3: 31 December 2020
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U2
PRP U21: Landfarm Management Plan
Note: The current landfarm facility at the premises has been operational since 1996. It was designed to hold and bio-remediate the oily wastes/sludges generated from the refinery processing units. Objective The objective of this program is to evaluate alternative options for the sustainable management of oily wastes/sludges that will facilitate Caltex to cease landfarming at the premises.
U2.1 PRP U21.1: Landfarm management plan The licensee must prepare and submit to EPA a Landfarm Management Plan which must include but need not be limited to: a) A review of technically feasible and practical short term management options (including a review of costs) for minimising the quantity of oily wastes/sludges currently placed in the landfarm b) A review of technically feasible and practicable long term management options (including a review of costs) to cease the landfarming of oily wastes/sludges at the premises c) An analysis of both the short and long term options for achieving sustainable management of oily wastes/sludges. The analysis must include a recommendation for the closure of the land farm, a timetable for closure of the landfarm, and a strategy for the long term management of oily wastes/sludges. d) A risk assessment and development of an appropriate remediation plan for the landfarm. This is to be developed in accordance with the site’s Contaminated Sites Risk Assessment and Reduction Plan (PRPs U13 and U14 submitted to the DECC in 2007). Completion Date: Deferred due to the closure of the Refinery. This PRP will be reassessed as part of the EIS for the terminal conversion project and will be integrated with future remediation works.
U2.2 PRP U21.2: Implementation of preferred options The licensee must organise a meeting with DECCW to discuss the Landfarm Management Plan Report and options for the sustainable management of oily wastes/sludges that will facilitate Caltex to cease landfarming at the premises. Completion Date: Deferred due to the closure of the Refinery. This PRP will be reassessed as part of the EIS for the terminal conversion project and will be integrated with future remediation works.
Note: The licence may be varied in consultation with the licensee following the outcomes of the above report and meeting.
U3
PRP U25: Terminal Operations Wastewater Characterisation
Note: Objective The objective of this program is to characterise the wastewater being discharged to Yena Gap during the Environment Protection Authority - NSW Licence version date:
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transition from refinery operations to terminal operations and to help inform future requirements for wastewater treatment. The transition is expected to be completed in 2017. U3.1 PRP U25.1: Wastewater Characterisation and Risk Assessment Methodology The licensee must prepare and submit to the EPA a Wastewater Survey & Risk Assessment Methodology report. The report must be developed in consultation with the EPA and include but need not be limited to: a) methodology for identifying pollutants likely to be present in the water discharge at levels that are not trivial. Trivial relates to both the concentration of the pollutant as well as its risk to the environment. b) methodology for determining the risk to the environment of the pollutants identified in a) c) methodology for assessing the suitability of the existing wastewater management system and identifying any necessary changes to the system for terminal operations to manage the risks identified in b) d) a recommended timetable for the completion of the Wastewater Survey and Risk Assessment. Completion Date: 17 October 2014
U3.2 PRP U25.2: Wastewater Characterisation and Risk Assessment Report The licensee must undertake the Wastewater Survey and Risk Assessment in accordance with the agreed methodology as developed in PRP U25.1 unless otherwise agreed in writing by the EPA. A report must be prepared and submitted to the EPA detailing the results of the survey. Completion Date: 31 March 2016
Note: The licence may be varied following the outcomes of this report in discussion with the licensee.
9
Special Conditions
E1
SC E9: Data Gap Investigation Plan
E1.1
On 17 June 2013 the EPA issued the licensee with a Preliminary Investigation Order (PIO) (Notice 20131001) under Section 10 of the Contaminated Land Management Act 1997 to undertake an investigation of site contamination. The licensee was required to summarise all available information for both onsite and offsite contamination related to the refinery operations, identify any information data gaps and outline a proposed investigation plan to fill the data gaps including details of the staging of investigation activities and expected reporting timeframes. The final report submitted to the EPA as part of the PIO titled "Contamination Data Gap Investigation Plan" dated 15 April 2014 presented a staged program of works to assess the data gaps related to the identification and management of contamination on, and related to, the refinery site. The following stages and reporting timeframes were identified: 1. Investigations of significant data gaps - Report by 31 March 2015
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2. Investigations of moderate data gaps - Report by 31 December 2015 3. Off-site groundwater investigations - Report by 31 March 2016 4. Investigation of the former CLOR area - Report by 30 December 2016 5. Investigation of the Refinery process units areas - Report by 29 December 2017 The licensee must prepare and submit to the EPA a written report by the dates specified above for each of the investigation stages. The licensee will also need to prepare a Remediation Action Plan (RAP) for the site for the commencement of remedial works in 2018. The RAP should include information on the proposed timeframes for the remediation works. Notes: 1) The timing of the demolition of the Refinery process units has not been finalised. The proposed timing for the investigation works associated with these areas is only indicative and is largely dependent on site access. The licensee must provide further details on the investigation and reporting timeframes following the finalisation of the refinery demolition plans. The above reporting timeframes for the Refinery process unit areas may then be varied in discussion with the licensee. 2) The investigations undertaken to reduce data gaps will produce new data which can be used to re-evaluate the data gap significance. The reports for each of the investigations detailed above should also include a re-evaluation of the data gaps in relation to each of the investigation areas. 3) Further remediation requirements may be identified once investigations into the identified data gaps are completed. 4) The licence may be varied in discussion with the licensee should any additional data gaps be identified through the assessment/re-evaluation process.
E2
SC E10: Soil Regeneration Facility
E2.1
Operating conditions
1. Trucks entering and leaving the premises that are carrying loads must be covered at all times, except during loading and unloading. 2. The tailgates of all haulage trucks leaving the premises must be securely fixed prior to loading or immediately after unloading to prevent loss of material. 3. Soil adhered to trucks must be removed prior to departure from the Soil Regeneration Facility area. 4. Activities conducted at the Soil Regeneration Facility must be carried out in a manner that will effectively minimise or prevent visible emissions of dust from the facility. 5. The licensee must obtain a specific resource recovery order and exemption to facilitate the lawful reuse of the treated soils to land (received from off-site). 6. The remediation and reuse of the hydrocarbon contaminated soil must comply with the specific Environment Protection Authority - NSW Licence version date:
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Resource Recovery Order and Resource Recovery Exemption (Caltex treated soil order and exemption 2016) for the project. 7. All hydrocarbon contaminated soil accepted at the premises must comply with the Soil Acceptance criteria as specified in a Soil Acceptance Protocol and Validation Plan approved by the EPA. Note: The reuse of waste in NSW for the purposes of land application is administered through the resource recovery order (‘Order’) and resource recovery exemption (‘Exemption’) framework. The ‘Soil Acceptance Protocol and Validation Plan’ will need to be approved by the EPA as part of an application for an order and exemption. 8. All hydrocarbon contaminated soil must only be stockpiled and treated within the treatment area of the Soil Regeneration Facility which must be constructed on concrete pads. 9. All hydrocarbon contaminated soil must be delivered directly to the designated treatment pad or if required to a designated quarantine area. 10. All hydrocarbon contaminated soil (biopiles) must be covered at all times except during the construction, sampling/testing and turning of the biopiles until the remediation of volatile organic compounds is complete. 11. Soil handling operations must be limited to a single half pile at any one time. 12. All treated soils stored in the designated clean stockpile area must be covered during high winds (>8m/s hourly average) and during weekends. 13. All hydrocarbon contaminated soil and treated soils must remain within the bunded area of the Soil Regeneration Facility at all times unless it is being transported from the facility for either reuse in accordance with the Resource Recovery Exemption (Caltex treated soil exemption 2016) or lawful disposal. 14. All unexpected finds/prohibited waste must be segregated for storage in a designated quarantine area within the bunded area of the Soil Regeneration Facility. All quarantined materials must be covered at all times except during the loading of the material into appropriate vehicles for removal and lawful disposal. 15. If the waste is transported from the premises, the licensee must ensure that the waste is transported: a) to a place which has been licensed by the EPA to issue consignment authorisation numbers; and b) to a place that can otherwise lawfully accept that class of waste. 16. All water (including leachate and stormwater) collected within the bunded area of the Soil Regeneration Facility must be treated by the onsite wastewater treatment system prior to discharge to Licence Discharge Point 2. 17. All contaminated soil and associated waste materials must be managed in accordance with the Protection of the Environment Operations Act 1997 and associated regulations and characterised in accordance with the Waste Classification Guidelines. E2.2
Definitions
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For the purpose of the above conditions: ‘hydrocarbon contaminated soil’ refers to soil that complies with the soil acceptance criteria and not yet been treated at the facility. ‘treated soils’ refers to soil that complies with the soil validation criteria and validated for beneficial reuse. E2.3
Progress Reports The licensee must prepare and submit quarterly progress reports to the EPA during the first 12 months of operation. The reports must include a summary of the waste classification and environmental monitoring data conducted in accordance with the Environmental Management Plan (and associated Sub Plans) and the Soil Acceptance Protocol and Validation Plan.
Monitoring data should include but not necessarily be limited to: 1. Waste Characterisation and Tracking (Soil Acceptance report data) 2. Treated Biopile Soil Validation Monitoring (Soil Validation report data) 3. Air Quality (including dust), Air Toxins and Odour Monitoring 4. Noise Monitoring 5. Stormwater Monitoring 6. Groundwater Monitoring Note: The EPA will review the frequency of the progress reports following the first 12 months of operation in discussion with the licensee. E2.4
Soil Regeneration Facility Odour Compliance Assessment
The licensee must appoint a recognised odour control specialist to undertake a program of odour control testing during the operation of the soil regeneration facility. The purpose of this testing is to quantify the odour abatement efficiency of the odour controls and the odour emission rate of the discharges to atmosphere and confirm compliance with odour assessment specifications and assumptions. Unless otherwise agreed to in writing by the EPA, within two weeks of the commencement of operation of the facility, the licensee must submit an odour control testing program to the EPA for review and approval. The program must be developed in consultation with the EPA and include (but not be limited to) the following: 1. Testing of the various stages of the biopiling process including soil delivery, biopile construction and bioremediation. 2. Testing a range of different soil types. 3. Testing several locations for each biopile to obtain representative samples. 4. Testing hydrocarbon concentrations contained in the soils received at the site prior to and/or during the odour sampling. 5. Testing soils contaminated with a different range of hydrocarbon concentrations. 6. A minimum of two rounds of testing for each biopiling stage identified in Point 1. 7. Following review and approval of the odour control testing program by the EPA, an initial round of testing must be undertaken at a representative time upon commencement of the facility. A further round of sampling must be undertaken when a significant quantity of soil has been received at the facility (for example, > 30,000 tonnes). 8. A review of the project operations during each round of testing against each of the mitigation measures and management practices described in the Air Quality and Odour Management Plan Environment Protection Authority - NSW Licence version date:
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developed for the operation of the facility. 9. Preparation and submission of a report to the EPA after each round of testing summarising the above information and identifying any outcomes/recommendations made as part of the assessment. This should include detailing any additional mitigation measures that will be implemented should any offensive odours be identified. Each report may be submitted with the Progress Reports if it is completed within a month of the progress report due date. If it’s more than a month until a progress report is due, each report must be submitted separately to the EPA. The odour control testing program must be undertaken in accordance with the approved program and by suitably qualified and experienced person(s). Note: The EPA may require further measures following submission of the above reports in discussion with the licensee. E2.5
Proof of Performance (PoP) Trial (Biopiles)
The licensee must undertake a Proof of Performance (PoP) trial for the soil regeneration facility to provide ‘multiple lines of evidence’, to demonstrate that indigenous bacteria in the biopiles are capable of TPH degradation and the removal of hydrocarbons is via biodegradation. Unless otherwise agreed in writing by the EPA, at least one month prior to the commencement of the PoP trial, the licensee must submit a detailed ‘PoP Plan’ to the EPA for review and approval. The PoP Plan must be developed in consultation with the EPA and include (but not be limited to) the following: a) a minimum of two biopile PoP trials for each soil type (for example, clay, sand) accepted at the facility. These two PoP trials for each soil type must include both aged and freshly contaminated soils. b) a minimum of four soil samples per biopile at any one sampling time. c) baseline sampling when the biopile is initially established, and at various times during the period of operation for each biopile tested. d) microbiological testing of each soil sample including but not necessarily limited to microbial cultures isolated and/or molecular analysis to demonstrate the increase in relevant microflora. e) biochemical analysis including but not necessarily limited to accumulation of metabolic products of TPH degradation (volatile fatty acids) and enzyme activity (dehydrogenase tests) for biopiles of each soil sample. f) a timeline for undertaking the PoP tests. The PoP trial must be undertaken in accordance with the approved PoP Plan and by suitably qualified and experienced person(s). Following completion of the PoP trial, the licensee must prepare and submit a report to the EPA summarising the results and outcomes of the trial. The report must include results that demonstrate the successful implementation of the PoP Plan, and provide sufficient ‘multiple lines of evidence’ to satisfy the intent of the PoP Trial outlined above. The due date for submission of this report will be determined by the EPA in discussion with the licensee following submission of the PoP Plan. E2.6
Mass Balance Verification Assessment
The purpose of this program is to verify the effectiveness and efficiency of the permanent soil regeneration facility including the bioremediation process using a mass balance calculation methodology.
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The licensee must provide a mass balance analysis of the Total Recoverable Hydrocarbons (TRH) concentrations present in the soil used to construct each biopile and must provide the following: · TRH (C6-C36) concentrations of the soil sampled from the source sites with a minimum of 10 soil samples collected representatively from 1000 cubic metres (m3) (or 1 sample per 100m3). · TRH (C6-C36) concentrations of the soil sampled from the constructed biopile at the soil regeneration facility prior to treatment with a minimum of 10 soil samples collected representatively from 1000m3 (or 1 sample per 100m3). · TRH (C6-C36) concentrations of the soil sampled from the treated biopile at the soil regeneration facility following completion of bioremediation treatment with a minimum of 10 soil samples collected representatively from 1000m3 (or 1 sample per 100m3). The licensee may use soil samples from the specific resource recovery order to make up the 10 soil samples. · Percentage reduction in TRH concentrations with respect to each stage above. · Discussion of results in relation to any loss of TRH concentrations during the transportation and biopile construction stages. The above mass balance analysis must be completed for no less than ten biopiles. Of the ten biopiles, the licensee must ensure that the soils are representative of: · the different soil material (for example, sand, clay) received at the facility. · freshly contaminated material verse aged contaminated material. · a range of concentrations of TPH volatile fractions (C6-C9) when sampled at the source site to characterise any potential losses through volatilisation during the manually handling, transportation and biopile construction processes. The mass balance analyses for each biopile must be included in the Progress Reports required to be submitted to the EPA by the licence. E2.7
Bio Pile Pilot Trial Report
Unless otherwise agreed to in writing by the EPA, the licensee must prepare and submit to the EPA a report by 6 May 2016 that includes: a) written confirmation that the Bio Pile Pilot Trial facility and associated infrastructure has been dismantled and completely removed, and b) a summary of the results of the post soil assessment including a comparison with the baseline soil monitoring results.
E3
SC E11: Polyfluoroalkyl substances (PFAS) Data Gap Investigation
E3.1
A report titled Preliminary Conceptual Site Model and Data Gap Analysis of PFAS prepared by AECOM Australia Pty Ltd dated 27 July 2016 in relation to the Caltex Kurnell Terminal was provided to the EPA. PFAS was reporting in soil, soil leachate, groundwater and surface water near a fire training pad and foam storage area. The report identified several data gaps in relation to the PFAS assessment undertaken at the site to date. To address these data gaps, the licensee propose to undertaken further sampling and assessment including: 1) Additional groundwater sampling across the site and sediment/surface water sampling along Sir Joseph Banks Drive and in water retention areas.
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2) Additional surface water sampling to be conducted immediately following/during rainfall event(s) to assess any potential effects of rainfall on concentrations. 3) A review of the stormwater drainage at the fire training area to assess the adequacy of stormwater controls in managing fire fighting water. 4) Sampling and analysis of PFAS concentrations of the different types (brands) of current and historical foams stored at the site. 5) Assessment of current and historical foam usage at the site. This will include a review of any foam usage including any spills or releases outside of the fire training area and an assessment of additional sampling requirements in relation to these areas. In addition to the above actions, the EPA requires the licensee to undertake the following works: 6) A sampling and analysis plan should be provided to the EPA within 21 days of the receipt of this notice and include the following information: i) Identification of the location of groundwater wells proposed to be installed ii) Assessment of any PFAS in the wastewater treatment plan including assessment of biosolids produced and biosolid disposal; and, iii) Assess contamination in receiving waters where there is a demonstrated source-pathway-receptor linkage. The plan should be implemented within 14 days of the receipt of EPA comments. 7) All analysis and reporting should include a full suite of PFAS chemicals of potential concern; 8) Analysis of PFAS precursors should be undertaken to better inform the CSM and inform any potential remediation actions on-site. 9) The Tier 1 risk assessment undertaken should be reviewed with consideration of using Australian ecological (aquatic) screening guidelines where available and with assessment of all potential exposure pathways to better inform any further actions required; 10) A detailed Conceptual Site Model should be prepared for the site which includes the abovementioned information. 11) A community engagement and liaison plan should be prepared and provided to the EPA and implemented within 14 days of receipt of EPA comments on the plan. Completion Date The licensee must prepare and submit to the EPA a written report by no later than 31 March 2017 providing the results of 1 to 11 inclusive.
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Dictionary General Dictionary 3DGM [in relation to a concentration limit]
Means the three day geometric mean, which is calculated by multiplying the results of the analysis of three samples collected on consecutive days and then taking the cubed root of that amount. Where one or more of the samples is zero or below the detection limit for the analysis, then 1 or the detection limit respectively should be used in place of those samples
Act
Means the Protection of the Environment Operations Act 1997
activity
Means a scheduled or non-scheduled activity within the meaning of the Protection of the Environment Operations Act 1997
actual load
Has the same meaning as in the Protection of the Environment Operations (General) Regulation 2009
AM
Together with a number, means an ambient air monitoring method of that number prescribed by the Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales.
AMG
Australian Map Grid
anniversary date
The anniversary date is the anniversary each year of the date of issue of the licence. In the case of a licence continued in force by the Protection of the Environment Operations Act 1997, the date of issue of the licence is the first anniversary of the date of issue or last renewal of the licence following the commencement of the Act.
annual return
Is defined in R1.1
Approved Methods Publication
Has the same meaning as in the Protection of the Environment Operations (General) Regulation 2009
assessable pollutants
Has the same meaning as in the Protection of the Environment Operations (General) Regulation 2009
BOD
Means biochemical oxygen demand
CEM
Together with a number, means a continuous emission monitoring method of that number prescribed by the Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales.
COD
Means chemical oxygen demand
composite sample
Unless otherwise specifically approved in writing by the EPA, a sample consisting of 24 individual samples collected at hourly intervals and each having an equivalent volume.
cond.
Means conductivity
environment
Has the same meaning as in the Protection of the Environment Operations Act 1997
environment protection legislation
Has the same meaning as in the Protection of the Environment Administration Act 1991
EPA
Means Environment Protection Authority of New South Wales.
fee-based activity classification
Means the numbered short descriptions in Schedule 1 of the Protection of the Environment Operations (General) Regulation 2009.
general solid waste (non-putrescible)
Has the same meaning as in Part 3 of Schedule 1 of the Protection of the Environment Operations Act 1997
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flow weighted composite sample
Means a sample whose composites are sized in proportion to the flow at each composites time of collection.
general solid waste (putrescible)
Has the same meaning as in Part 3 of Schedule 1 of the Protection of the Environmen t Operations Act 1997
grab sample
Means a single sample taken at a point at a single time
hazardous waste
Has the same meaning as in Part 3 of Schedule 1 of the Protection of the Environment Operations Act 1997
licensee
Means the licence holder describe d at the front of this licence
load calculation protocol
Has the same meaning as in the Protection of the Environment Operations (General) Regulation 2009
local authority
Has the same meaning as in the Protection of the Environment Operations Act 1997
material harm
Has the same meaning as in section 147 Protection of the Environment Operations Act 1997
MBAS
Means methylene blue active substances
Minister
Means the Minister administering the Protection of the Environment Operations Act 1997
mobile plant
Has the same meaning as in Part 3 of Schedule 1 of the Protection of the Environment Operations Act 1997
motor vehicle
Has the same meaning as in the Protection of the Environment Operations Act 1997
O&G
Means oil and grease
percentile [in relation to a concentration limit of a sample]
Means that percentage [eg.50%] of the number of samples taken that must meet the concentration limit specified in the licence for that pollutant over a specified period of time. In this licence, the specified period of time is the Reporting Period unless otherwise stated in this licence.
plant
Includes all plant within the meaning of the Protection of the Environment Operations Act 1997 as well as motor vehicles.
pollution of waters [or water pollution]
Has the same meaning as in the Protection of the Environment Operations Act 1997
premises
Means the premises described in condition A2.1
public authority
Has the same meaning as in the Protection of the Environment Operations Act 1997
regional office
Means the relevant EPA office referred to in the Contacting the EPA document accompanying this licence
reporting period
For the purposes of this licence, the reporting period means the period of 12 months after the issue of the licence, and each subsequent period of 12 mo nths. In the case of a licence continued in force by the Protection of the Environment Operations Act 1997, the date of issue of the licence is the first anniversary of the date of issue or last renewal of the licence following the commencement of the Act.
restricted solid waste
Has the same meaning as in Part 3 of Schedule 1 of the Protection of the Environment Operations Act 1997
scheduled activity
Means an activity listed in Schedule 1 of the Protection of the Environment Operations Act 1997
special waste
Has the same meaning as in Part 3 of Schedule 1 of the Protection of the Environment Operations Act 1997
TM
Together with a number, means a test method of that number prescribed by the Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales.
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TSP TSS Type 1 substance
Means total suspended particles Means total suspended solids Means the elements antimony, arsenic, cadmium, lead or mercury or any compound containing one or more of those elements
Type 2 substance
Means the elements beryllium, chromium, cobalt, manganese, nickel, selenium, tin or vanadium or any compound containing one or more of those elements
utilisation area
Means any area shown as a utilisation area on a map submitted with the application for this licence
waste
Has the same meaning as in the Protection of the Environment Operations Act 1997
waste type
Means liquid, restricted solid waste, general solid waste (putrescible), general solid waste (non putrescible), special waste or hazardous waste
Mr Niall Johnston Environment Protection Authority (By Delegation) Date of this edition:
30-November-2000
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End Notes 1
Licence varied by notice 1003972, issued on 21-Feb-2001, which came into effect on 23-Feb-2001.
2
Licence varied by notice 1006939, issued on 04-May-2001, which came into effect on 29-May-2001.
3
Licence varied by change of LGA to Sutherland, issued on 02-Aug-2001, which came into effect on 02-Aug-2001.
4
Licence varied by notice 1012295, issued on 16-May-2002, which came into effect on 10-Jun-2002.
5
Licence varied by Admin corrections to archived record, issued on 02-Dec-2002, which came into effect on 02-Dec-2002.
6
Licence varied by notice 1023716, issued on 24-Mar-2003, which came into effect on 18-Apr-2003.
7
Licence varied by notice 1026788, issued on 24-Nov-2003, which came into effect on 19-Dec-2003.
8
Licence varied by notice 1050241, issued on 22-Sep-2005, which came into effect on 22-Sep-2005.
9
Licence varied by notice 1054156, issued on 30-Mar-2006, which came into effect on 24-Apr-2006.
10
Licence transferred through application 143874, approved on 01-May-2006, which came into effect on 02-May-2005.
11
Licence varied by notice 1060525, issued on 25-May-2006, which came into effect on 25-May-2006.
12
Licence varied by updating references to the Clean Air Reg, issued on 25-Jul-2006, which came into effect on 25-Jul-2006.
13
Licence varied by notice 1064972, issued on 07-Sep-2006, which came into effect on 07-Sep-2006.
14
Licence varied by notice 1071603, issued on 02-Nov-2007, which came into effect on 02-Nov-2007.
15
Licence varied by change to legislation, issued on 07-Nov-2007, which came into effect on 07-Nov-2007.
16
Condition A1.3 Not applicable varied by notice issued on which came into effect on
17
Licence varied by notice 1103985, issued on 01-Dec-2009, which came into effect on 01-Dec-2009.
18
Licence varied by notice 1112284, issued on 01-Sep-2010, which came into effect on 01-Sep-2010.
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19
Licence varied by notice 1120888, issued on 10-Jan-2011, which came into effect on 10-Jan-2011.
20
Licence varied by notice
1500503 issued on 13-Sep-2011
21
Licence varied by notice
1501631 issued on 29-Sep-2011
22
Licence varied by notice
1505019 issued on 27-Apr-2012
23
Licence varied by notice
1506097 issued on 02-Jul-2012
24
Licence varied by notice
1509964 issued on 15-Nov-2012
25
Licence varied by notice
1514299 issued on 14-Jun-2013
26
Licence varied by notice
1516944 issued on 12-Sep-2013
27
Licence varied by notice
1519229 issued on 17-Jan-2014
28
Licence varied by notice
1521556 issued on 21-May-2014
29
Licence varied by notice
1523965 issued on 25-Aug-2014
30
Licence varied by notice
1524900 issued on 16-Jan-2015
31
Licence varied by notice
1530185 issued on 01-May-2015
32
Licence varied by notice
1538422 issued on 10-Mar-2016
33
Licence varied by notice
1538820 issued on 31-Mar-2016
34
Licence varied by notice
1544521 issued on 26-Sep-2016
35
Licence varied by notice
1547864 issued on 10-Feb-2017
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Development Consent Section 89E of the Environmental Planning and Assessment Act 1979
As delegate of the Minister for Planning and Infrastructure under delegation from the Minister dated 14 September 2011, the Planning Assessment Commission of New South Wales (the Commission) approves the development application referred to in Schedule A, subject to the conditions specified in Schedules B to F. These conditions are required to: prevent, minimise, and/or offset adverse environmental impacts including economic and social impacts; set standards and performance measures for acceptable environmental performance; require regular monitoring and reporting; and provide for the ongoing environmental management of the development.
Gabrielle Kibble Member of the Commission
Jan Murrell Member of the Commission
Sydney
19 September 2013 SCHEDULE A
Application No:
SSD_5353
Applicant
Caltex Refineries (NSW) Pty Ltd
Consent Authority:
Minister for Planning & Infrastructure
Land:
Off Prince Charles Parade in Botany Bay
Development:
NSW Government Department of Planning & Infrastructure
Upgrade of the Kurnell ports and berthing facility including: dredging berths, turning circle and approaches; reuse of a proportion of the dredged material to cover an exposed section of the subsea fuel pipelines and a former anchor point; disposal of the remaining dredged material offshore; upgrade of the fixed berth infrastructure; upgrade of the sub berth; and use of this infrastructure.
TABLE OF CONTENTS
DEFINITIONS ............................................................................................................................... i ADMINISTRATIVE CONDITIONS ............................................................................................... 1 TERMS OF CONSENT ............................................................................................................................ 1 LIMITS OF CONSENT ............................................................................................................................. 1 LAPSING OF CONSENT ......................................................................................................................... 1 STATUTORY REQUIREMENTS ............................................................................................................. 1 STAGING ................................................................................................................................................. 1 COMPLIANCE ......................................................................................................................................... 2
ENVIRONMENTAL PERFORMANCE AND MANAGEMENT..................................................... 3 SEDIMENT, WATER QUALITY AND HYDROLOGY .............................................................................. 3 BIODIVERSITY ........................................................................................................................................ 3 NOISE AND VIBRATION ......................................................................................................................... 4 HERITAGE MANAGEMENT .................................................................................................................... 5 AIR QUALITY MANAGEMENT ................................................................................................................ 6 TRANSPORT AND ACCESS................................................................................................................... 6 PROPERTY IMPACTS ............................................................................................................................ 6 WASTE MANAGEMENT.......................................................................................................................... 6 ENVIRONMENTAL REPRESENTATIVE................................................................................................. 7 CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN............................................................... 7
COMMUNITY INFORMATION AND REPORTING ..................................................................... 9 COMMUNITY INFORMATION, CONSULTATION AND INVOLVEMENT ............................................... 9 COMPLIANCE MONITORING AND TRACKING................................................................................... 10
OPERATION ENVIRONMENTAL MANAGEMENT .................................................................. 11 HAZARD AND RISK .............................................................................................................................. 11 OPERATIONAL ENVIRONMENTAL MANAGEMENT .......................................................................... 11
ENVIRONMENTAL MONITORING AND AUDITING ................................................................ 12 ENVIRONMENTAL AUDITING .............................................................................................................. 12
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DEFINITIONS Act, the
Environmental Planning and Assessment Act, 1979
Ancillary Facility
Temporary facility for construction, including for example an office and amenities compound, construction compound, batch plant (concrete or bitumen), materials storage compound, maintenance workshop, testing laboratory or material stockpile area. Caltex Refineries (NSW) Pty Ltd The Minister’s conditions of consent for the Development Includes all work in respect of the Development other than: survey, acquisitions, building/ road dilapidation surveys; investigative drilling, excavation, or salvage; establishing ancillary facilities/ construction work sites (in the locations nominated in the EIS, unless otherwise agreed to by the Director General); installation of environmental impact mitigation measures and fencing; other activities determined by the Environmental Representative to have minimal environmental impact (e.g. minor access roads, minor adjustments to services/ utilities, minor clearing or translocation of native vegetation etc).
Applicant / Applicant Conditions of consent Construction
Department, the Development Director General, the Director General’s approval, agreement or satisfaction
Note: work where heritage, threatened species, populations or endangered ecological communities would be affected is classified as construction, unless otherwise approved by the Director General. Department of Planning and Infrastructure The Development the subject of this development consent as generally described in Schedule A Director General of the Department of Planning and Infrastructure
DPI Dust
A written approval from the Director General (or delegate). Where the Director General’s approval, agreement or satisfaction is required under a condition of this consent, the Director General will endeavour to provide a response within one month of receiving an approval, agreement or satisfaction request. The Director General may ask for additional information if the approval, agreement or satisfaction request is considered incomplete. When further information is requested, the time taken for the Applicant to respond in writing will be added to the one month period. Department of Primary Industries Any solid material that may become suspended in air or deposited
EEC
Endangered ecological community(ies)
EIS
Environmental Impact Statement
EPA
Environment Protection Authority.
EPL
Environment Protection Licence under the Protection of the Environment Operations Act 1997. Consideration of best practice taking into account the benefit of proposed measures and their technological and associated operational application in the NSW and Australian context. Feasible relates to engineering considerations and what is practical to build. Reasonable relates to the application of judgement in arriving at a decision, taking into account mitigation benefits and cost of mitigation versus benefits provided, community views and nature and extent of potential improvements. Where requested by the Director General, the Applicant shall provide evidence as to how feasible and reasonable measures were considered and taken into account. Encompasses both Aboriginal and historic heritage including sites that predate European settlement, and a shared history since European settlement such as a shared associations in pastoral landscapes as well as associations linked with the mission period.
Feasible and Reasonable
Heritage
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Heritage Item
Minister, the
An item as defined under the Heritage Act 1977, and assessed as being of local, State and/ or National heritage significance, and/or an Aboriginal Object or Aboriginal Place as defined under the National Parks and Wildlife Act 1974. Minister for Planning and Infrastructure.
NTU
Nephelometric Turbidity Units
OEH
Office of Environment and Heritage
Operation
Relevant council(s)
Means the operation of the Development, but does not include commissioning trials of equipment or temporary use of parts of the Development during construction. Available for inspection by a member of the general public (for example available on an internet website). Sutherland Shire Council
RMS
Roads and Maritime Services
Sensitive marine receivers
Site
Aquaculture lease number ALDI/098, the seagrass communities shown on Figure 10-2 of the EIS, the intertidal areas around Kamay Botany Bay National Park and other intertidal habitat used by threatened and migratory shorebirds along the eastern shore of Botany Bay. Residence, education institution (e.g. school, university, TAFE college), health care facility (e.g. nursing home, hospital), religious facility (e.g. church) and children’s day care facility. Land to which Development Application SSD_5353 applies.
SPC
Sydney Ports Corporation
TBT
Tributyltin
Publicly available
Sensitive land receivers
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SCHEDULE B ADMINISTRATIVE CONDITIONS TERMS OF CONSENT B1.
The Applicant shall carry out the development generally in accordance with the: (a) State Significant Development Application No_5353; (b) Environmental Impact Statement, Kurnell Ports and Berthing Facility (URS, February 2013); (c) Response to Submissions, Kurnell Ports and Berthing Facility (URS, June 2013); (d) Proposed Change to the Kurnell Port and Berthing Facility Upgrade (SSD:5353) (URS, 30 August 2013);and (e) conditions of this consent.
B2.
In the event of an inconsistency between: (a) the conditions of this consent and any document listed from condition B1(a) to B1(d) inclusive, the conditions of this consent shall prevail to the extent of the inconsistency; and (b) any document listed from condition B1(a) to B1(d) inclusive, and any other document listed from condition B1(a) to B1(d) inclusive, the most recent document shall prevail to the extent of the inconsistency.
B3.
The Applicant shall comply with any reasonable requirement(s) of the Director General arising from the Department’s assessment of: (a) any reports, plans or correspondence that are submitted in accordance with this consent; and (b) the implementation of any actions or measures contained within these reports, plans or correspondence.
B4.
Subject to confidentiality, the Applicant shall make all documents required under this consent available for public inspection on request.
LIMITS OF CONSENT B5.
The Applicant may carry out dredging for a period of no more than six (6) months, unless otherwise agreed to in writing by the Director-General.
LASPING OF CONSENT B6.
This consent shall lapse five (5) years from the date of this approval unless the works associated with the development have physically commenced.
STATUTORY REQUIREMENTS B7.
The Applicant shall ensure that all licences, permits and approval/consents are obtained as required by law and maintained as required throughout the life of the Development. No condition of this consent removes the obligation for the Applicant to obtain, renew or comply with such licences, permits or approval/consents.
STAGING B8.
The Applicant may elect to construct and/ or operate the Development in stages. Where staging is proposed, the Applicant shall submit a Staging Report to the Director General prior to the commencement of the first proposed stage. The Staging Report shall provide details of: (a) how the Development would be staged, including general details of work activities associated with each stage and the general timing of when each stage would commence; and (b) details of the relevant conditions of consent, which would apply to each stage and how these shall be complied with across and between the stages of the Development.
B9.
Where staging of the Development is proposed, these conditions of consent are only required to be complied with at the relevant time and to the extent that they are relevant to the specific stage(s).
B10.
The Applicant shall ensure that an updated Staging Report (or advice that no changes to staging are proposed) is submitted to the Director General prior to the commencement of each stage, identifying any changes to the proposed staging or applicable conditions.
B11.
The Applicant shall ensure that all plans, sub-plans and other management documents required by the conditions of this consent and relevant to each stage (as identified in the Staging Report) are submitted to the Director General no later than one month prior to the commencement of the relevant stages, unless otherwise agreed by the Director General. Note: Conditions B8 to B11 do not relate to staged development within the meaning of section 83B of the Act.
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COMPLIANCE B12.
The Applicant shall ensure that employees, contractors and sub-contractors are aware of, and comply with, the conditions of this consent relevant to their respective activities.
B13.
The Applicant shall be responsible for environmental impacts resulting from the actions of all persons that it invites onto the site, including contractors, sub-contractors and visitors.
B14.
In the event of a dispute between the Applicant and a public authority, in relation to an applicable requirement in this consent or relevant matter relating to the Development, either party may refer the matter to the Director General for resolution. The Director General’s determination of any such dispute shall be final and binding on the parties.
End of Schedule B
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SCHEDULE C ENVIRONMENTAL PERFORMANCE AND MANAGEMENT SEDIMENT, WATER QUALITY AND HYDROLOGY C1.
The Development shall comply with section 120 of the Protection of the Environment Operations Act 1997, which prohibits the pollution of waters, except as expressly provided in an EPL.
C2.
The Applicant shall implement all feasible and reasonable mitigation and management measures for the duration of dredging to minimise the dispersion of dissolved and sediment-bound TBT and suspended sediment concentrations outside the Development site during construction, including: (a) no overflow dredging within the fixed berths and in the front of the submarine berths; and (b) installing and maintaining a silt boom around the dredger head to capture sediment that falls into the water across the slewing zone.
Sediment and Water Quality Management Plan C3.
Prior to commencement of construction, or as otherwise agreed by the Director-General, the Applicant shall prepare (and implement following approval) a Sediment and Water Quality Management Plan in consultation with the EPA and DPI (Fisheries). The Plan must: (a) be prepared by a suitably qualified expert and be approved in writing by the Director-General; (b) identify representative monitoring locations which can be used to determine the extent to which TBT in the water column (dissolved) and sediment-bound TBT, suspended sediment concentrations, pH and Dissolved Oxygen generated and dispersed by dredging has affected the distribution and condition of sensitive marine receivers; (c) identify specific measures to minimise the generation and dispersion of these sediments outside the Development site during dredging in addition to those identified in Condition C2; (d) include dry weather baseline water quality monitoring data at these locations, including dissolved and sediment-bound TBT and suspended sediment concentrations against which levels during construction can be compared; (e) include a sediment and water quality monitoring program to be followed during and post dredging including the frequency and procedures for water quality monitoring (including in real-time) of dissolved and sediment bound TBT and suspended sediment concentrations, and other water quality parameters at the identified water quality monitoring locations; and (f)establish upper threshold water quality performance criteria and interim threshold water quality performance criteria and identify contingency measures to be implemented where these water quality performance criteria are triggered at sensitive marine receivers, including temporarily ceasing and reducing the rate of dredging (including overflow dredging) operations.
C4.
Within three (3) months of completing the post-dredging water quality monitoring required by Condition C3(e), the Applicant shall submit a report to the Director-General, the EPA, DPI (Fisheries) and SPC documenting the results of the baseline water quality monitoring undertaken before construction and the sediment and water quality monitoring program to be followed during and post dredging, to confirm that residual sediment and water quality is consistent with the predictions made in the EIS, with particular consideration to dissolved and sediment-bound TBT concentrations and impacts to the aquatic health of sensitive marine receivers (condition C8).
BIODIVERSITY Aquatic Weeds C5.
The Applicant shall implement all mitigation and management measures during construction to avoid the introduction or spreading of pest flora and fauna species including Caulerpa taxifolia consistent with the NSW Control Plan for the Noxious Marine Alga Caulerpa taxifolia (DII, 2009).
Marine Fauna C6.
The Applicant shall implement measures and management to minimise the risk of ship collision and minimise underwater noise generation with marine fauna with particular consideration of cetaceans, pinnipeds, marine turtles and dugongs. This shall include (but not necessarily be limited to): (a) carrying out observations for cetaceans, pinnipeds, marine turtles and dugongs within 420 metres of dredging, piling or rock revetment works; (b) temporary cessation of dredging and dredger tugboat reduced to a speed of 4 knots if the marine fauna comes within the 420 metres of dredging; (c) the temporary cessation of underwater noise generating activities associated with piling and rock revetment where marine fauna comes within the 250 metres of these activities. Noise generating activities shall not recommence until 30 minutes after the fauna has left the zone; and (d) the temporary cessation of dredging where marine fauna comes within the 150 metres of dredging. Dredging shall only recommence when marine fauna has moved out of this zone. Noise generating activities would not commence until 30 minutes following the fauna leaving the zone.
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Ausgrid Seagrass Rehabilitation Project C7.
Prior to commencement of construction, the Applicant shall notify DPI (Fisheries) and Ausgrid of the commencement date and schedule of dredging operations and keep them informed during dredging operations.
Aquatic Health Management Plan C8.
Prior to commencement of construction, or as otherwise agreed by the Director-General, the Applicant shall prepare (and implement following approval) an Aquatic Health Management Plan in consultation with OEH and DPI (Fisheries). The Plan must: (a) be prepared by a person who has been approved in writing by the Director-General; (b) include baseline aquatic surveys and data to confirm the distribution and condition of sensitive marine receivers, with appropriate consideration of seasonal variations, and identification of potential no-go areas; (c) identify representative monitoring locations which can be used to determine the distribution and condition of sensitive marine receivers, taking into account the Ausgrid seagrass rehabilitation project; (d) identify performance measures to assess the distribution and condition of the sensitive marine receivers during dredging; and (e) include an aquatic health monitoring program to be to be followed for the duration of dredging including the frequency and procedures for surveys, monitoring and visual observations.
C9.
Within twelve (12) months of completing the post dredging water quality monitoring required by Condition C3(e), unless otherwise agreed to in writing by the Director-General, the Applicant shall submit a report to the Director-General, EPA, OEH, DPI (Fisheries) and SPC setting out whether dissolved and sediment-bound TBT and suspended sediment concentrations generated and dispersed by dredging are likely to have affected the distribution and condition of the sensitive marine receivers compared to baseline conditions drawing on all sediment and water quality and aquatic health monitoring data required to be collected by conditions C3 and C8.
C10. If considered necessary by the Director-General, the Applicant shall identify rehabilitation (and monitoring) or offset measures to be implemented to compensate for any adverse impacts to sensitive marine receivers identified in the report required by condition C9 attributable to the Development to the written satisfaction of the Director-General. COASTAL AND HYDRODYNAMICS C11. Pre, during and post dredging, the Applicant shall (unless otherwise agreed to in writing by the Director General) undertake monitoring of coastal and hydrodynamic processes on Silver Beach. C12. Within three (3) months of completing the post dredging monitoring, the Applicant shall submit a report to the Director General and SPC documenting the results of this monitoring to confirm that impacts to coastal and hydrodynamic processes on Silver Beach are no greater than those predicted in the EIS and will not result in significant ongoing residual impacts to the beach (including impacts to associated aquatic habitat such as intertidal habitat at Silver Beach). C13. Where Development related impacts are identified to be significantly higher than those predicted, the Applicant shall identify measures to counteract any beach depletion impacts at Silver Beach and identify whether monitoring of other locations in Botany Bay are warranted and/or require rehabilitation. C14. If considered necessary by the Director-General, the Applicant shall identify rehabilitation (and monitoring) or offset measures to be implemented to compensate for any adverse impacts to coastal and hydrodynamic processes identified in the report required by condition C13 attributable to the Development to the written satisfaction of the Director-General. NOISE AND VIBRATION Construction Hours C15. With the exception of dredging and sub berth upgrade works, all construction works including all high noise generating works (such as piling and rock revetment) shall be confined to standard working hours: (a) 7:00am to 6:00pm Mondays to Fridays, inclusive; and (b) 8:00am to 1:00pm Saturdays; and (c) at no time on Sundays or public holidays. The upgrade of the sub berth may be undertaken during the additional hours of 1.00 pm and 6.00 pm on Saturdays and 8.00 am and 6.00 pm on Sundays. Dredging associated with the Development may be undertaken on a 24 hour basis, 7 days a week.
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C16. Construction works outside of the work hours identified in condition C15 may be undertaken in the following circumstances: (a) works that are inaudible at nearest sensitive land receivers; (b) for the delivery of materials required outside these hours by the NSW Police Force or other authorities for safety reasons; (c) where it is required in an emergency to avoid the loss of lives, property and/or to prevent environmental harm; (d) works approved through an approved EPL; or (e) works as approved through the out-of-hours work protocol outlined in the Construction Noise and Vibration Management Plan required under condition C36(b). Construction Noise and Vibration C17. The Development shall be constructed with the aim of achieving the construction noise management levels detailed in the Interim Construction Noise Guideline (DECC, 2009). All feasible and reasonable noise mitigation measures shall be implemented and any activities that could exceed the construction noise management levels shall be identified and managed in accordance with the Construction Noise and Vibration Management Plan required under condition C36(b). This shall include the implementation of respite periods in response to noise complaints, particularly in relation to high noise generating activities (including piling and rock revetment). C18. The Applicant shall undertake attended monitoring on a monthly basis during construction works outside of standard construction hours and at the commencement of and during high noise generating works (including piling and rock revetment) to confirm noise levels at residences along Prince Charles Parade and at the Ranger’s residence at Kamay Botany Bay National Park. C19. The Development shall be constructed with the aim of achieving the following construction vibration goals: (a) for structural damage, the vibration limits set out in the German Standard DIN 4150-3: Structural Vibration - effects of vibration on structures; and (b) for human exposure, the acceptable vibration values set out in the Environmental Noise Management Assessing Vibration: A Technical Guideline (Department of Environment and Conservation, 2006). HERITAGE MANAGEMENT Maritime Heritage C20. Prior to the commencement of construction, the Applicant shall commission an appropriately qualified maritime archaeologist to: (a) undertake magnetic or side sonar scans of the Development site to determine the presence of any previously unidentified items of maritime heritage (including ship wrecks) to the satisfaction of the Heritage Council of NSW; and (b) should any items be identified, develop a management strategy for the items during the construction and operation of the Development in consultation with the Heritage Council of NSW. C21. The management strategy shall be submitted for the Director General’s approval providing written evidence of consultation and agreement with the recommendations from the Heritage Council of NSW. Construction must not commence in the area where items have been uncovered until written approval has been received from the Director General for the management strategy. Archival Record C22. Prior to the commencement of construction, the Applicant shall commission an appropriately qualified heritage expert to undertake archival recording of the existing fabric and operation of the Kurnell Wharf, in particular the existing infrastructure at Fixed Berth 1, which would be replaced as part of the Development. The archival recording shall be submitted to the Heritage Council of NSW Library prior to the removal or demolition of any existing elements. Potential for Discovery of Aboriginal and Non-Aboriginal Heritage Objects C23. If during the course of construction the Applicant becomes aware of any previously unidentified heritage object(s), all work likely to affect the object(s) shall cease immediately and the Heritage Council of New South Wales shall be notified immediately in accordance with section 146 of the Heritage Act 1977. Relevant works shall not recommence until written authorisation from the Heritage Council of NSW is received by the Applicant. C24. lf during the course of construction the Applicant becomes aware of any previously unidentified Aboriginal object(s), all work likely to affect the object(s) shall cease immediately and the OEH informed in accordance with section 89A of the National Parks and Wildlife Act 1974. Relevant works shall not recommence until written authorisation from OEH is received by the Applicant.
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AIR QUALITY MANAGEMENT Odour Impacts C25. The Applicant shall implement an odour screening protocol for sediments excavated during dredging and implement all feasible and reasonable mitigation measures to ensure that odour generation during dredging do not exceed an odour limit of 2 odour units at the nearest residential receivers during the construction works. Dust Generation C26. The Applicant shall implement all feasible and reasonable mitigation measures to ensure that the Development is constructed in a manner that minimises dust emissions from the site, including wind-blown and traffic-generated dust and tracking of material onto public roads. All works shall be undertaken with the objective of preventing visible emissions of dust from the site. Should such visible dust emissions occur at any time, the Applicant shall identify and implement all feasible and reasonable dust mitigation measures, including cessation of relevant works, as appropriate, such that emissions of visible dust cease. TRANSPORT AND ACCESS Construction Access C27. The designated construction access route for the delivery of materials for construction purposes shall be via Captain Cook Drive, Prince Charles Parade and Solander Street. Unless otherwise agreed to by the Director General (supported by appropriate traffic and transport justification), at no time shall construction vehicles use residential streets in Kurnell for construction access. Should any additional roads be agreed to by the Director General for construction access, these roads would be subject to the requirement for a road dilapidation survey and report to be prepared prior to their use as identified in condition C28. Road Dilapidation C28. Prior to the commencement of construction, The Applicant shall commission an independent and qualified person or team to undertake a road dilapidation survey of all roads proposed to be used for construction material haulage as specified in condition C27 and prepare a Road Dilapidation Report. The report shall assess the current condition of the road and describe mechanisms to restore any damage that may result due to traffic and transport related to the construction of the Development. The Report shall be submitted to the relevant road authority for review prior to the commencement of construction vehicle haulage. Following completion of construction, a subsequent report shall be prepared to assess any damage that may have resulted from the construction of the Development. Measures undertaken to restore or reinstate roads affected by the Development shall be undertaken in a timely manner, in accordance with the reasonable requirements of the relevant road authority, and at the full expense of the Applicant. C29. The Applicant shall provide sufficient parking facilities at its temporary laydown facility for construction personnel and heavy vehicles to ensure that construction traffic associated with the Development does not utilise public and residential streets or public parking facilities for parking. PROPERTY IMPACTS C30. Any damage caused to property or public infrastructure as a result of the Development shall be rectified or the property or asset owner appropriately compensated, within a reasonable timeframe, with the costs borne by the Applicant. WASTE MANAGEMENT Waste Management On-site C31. The Applicant shall not cause, permit or allow any waste generated outside the site to be received at the site for storage, treatment, processing, reprocessing, or disposal on the site, except as expressly permitted by a licence under the Protection of the Environment Operations Act 1997, if such a licence is required in relation to that waste. C32. The Applicant shall maximise the reuse and/or recycling of waste materials generated on site, to minimise the need for treatment or disposal of those materials outside the site. C33. The Applicant shall ensure that all liquid and/or non-liquid waste generated on the site is assessed and classified in accordance with Waste Classification Guidelines (DECC, 2008), or any future guideline that may supersede that document and where removed from the site is only directed to a waste management facility lawfully permitted to accept the materials.
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ENVIRONMENTAL REPRESENTATIVE C34. Prior to the commencement of construction, or as otherwise agreed by the Director General, the Applicant shall nominate for the approval of the Director General a suitably qualified and experienced Environmental Representative(s) that is independent of the design, construction and operational personnel. The Applicant shall employ the Environmental Representative(s) for the duration of construction, or as otherwise agreed by the Director General. The Environmental Representative(s) shall: (a) be the principal point of advice in relation to the environmental performance of the Development; (b) monitor the implementation of environmental management plans and monitoring programs required under this consent and advise the Applicant upon the achievement of these plans/ programs; (c) have responsibility for considering and advising the Applicant on matters specified in the conditions of this consent, and other licences and consents related to the environmental performance and impacts of the Development; (d) be given the authority to review and confirm whether works associated with the Development are classified as Construction (or not) under this development consent, and if classified as Construction, advise on the relevant pre-Construction and Construction requirements that the works would be subject to under this consent; (e) be given the authority to approve/ reject minor amendments to the Construction Environment Management Plan. What constitutes a “minor” amendment shall be clearly explained in the Construction Environmental Management Plan required under condition C35; (f) be given the authority and independence to require reasonable steps be taken to avoid or minimise unintended or adverse environmental impacts, and failing the effectiveness of such steps, to direct that relevant actions be ceased immediately should an adverse impact on the environment be likely to occur; and (g) be consulted in responding to the community concerning the environmental performance of the Development where the resolution of points of conflict between the Applicant and the community is required. CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN C35. Prior to the commencement of construction, or as otherwise agreed by the Director General, the Applicant shall prepare and implement (following approval) a Construction Environmental Management Plan for the Development. The Plan shall outline the environmental management practices and procedures that are to be followed during construction, and shall be prepared in consultation with the relevant government agencies and in accordance with the Guideline for the Preparation of Environmental Management Plans (Department of Infrastructure, Planning and Natural Resources, 2004). The Plan shall include, but not necessarily be limited to: (a) a description of activities to be undertaken during construction of the Development (including staging and scheduling); (b) statutory and other obligations that the Applicant is required to fulfil during construction, including approval/consents, consultations and agreements required from authorities and other stakeholders under key legislation and policies; (c) a description of the roles and responsibilities for relevant employees involved in the construction of the Development, including relevant training and induction provisions for ensuring that employees, including contractors and sub-contractors are aware of their environmental and compliance obligations under these conditions of consent; (d) an environmental risk analysis to identify the key environmental performance issues associated with the construction phase; and (e) details of how environmental performance would be managed and monitored to meet acceptable outcomes, including what actions will be taken to address identified potential adverse environmental impacts (including any impacts arising from the staging of the construction of the Development). In particular, the following environmental performance issues shall be addressed in the Plan: (i) sediment and water quality management within the Bay; (ii) marine ecology management; (iii) noise and vibration; (iv) odour and air quality management; (v) traffic and access; (vi) management of Aboriginal and non-Aboriginal heritage; (vii) waste management; (viii) emergency, including spill management; (ix) compounds and ancillary facilities management; (x) operational and navigation safety during construction within the Bay; and (xi) means for assessing (and where identified) for managing interactions and cumulative impacts from the concurrent construction of other development works in the area should these coincide with the Development (e.g. the Caltex Refinery upgrade works). (f) The Plan shall be submitted for the approval of the Director General prior to the commencement of construction. The Plan may be prepared in stages, however, construction works shall not commence until written approval has been received from the Director General. NSW Government Department of Planning & Infrastructure
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The approval of a Construction Environmental Management Plan does not relieve the Applicant of any requirement associated with this development consent. If there is an inconsistency with an approved Construction Environmental Management Plan and the conditions of this development consent, the requirements of this development consent prevail. C36. As part of the Construction Environmental Management Plan for the Development required under condition C35 the Applicant shall prepare and implement (but not necessarily be limited to) the following: (a) a Dredging and Spoil Management Plan to address the management of sediment and water quality during dredging within the Bay, prepared in consultation with the EPA and including, but not necessarily be limited to: (i) a Sediment and Water Quality Monitoring Program in accordance with the requirements of condition C3; (ii) measures to address the management and monitoring of any potential acid sulfate soils excavated during dredging in the Bay to prevent their oxidation into actual acid sulfate soils prior to final re-use or disposal, including contingency measures to be implemented in case of acid generation; and (iii) a Spill Control Plan; (b) a Construction Noise and Vibration Management Plan to detail how construction noise and vibration impacts will be minimised and managed. The Plan shall be consistent with the guidelines contained in the Interim Construction Noise Guidelines (DECC, 2009) be prepared in consultation with the EPA. The Plan shall include, but not necessarily be limited to: (i) identification of sensitive land receivers and relevant construction noise and vibration goals applicable to the Development stipulated in this consent; (ii) details of construction activities and an indicative schedule for construction works; including the identification of key noise and/or vibration generating construction activities (based on representative construction scenarios, including at ancillary facilities) that have the potential to generate noise and/or vibration impacts on surrounding sensitive land receivers, particularly residential areas; (iii) identification of feasible and reasonable measures proposed to be implemented to minimise and manage construction noise and vibration impacts, with particular consideration to works outside of standard construction hours; (iv) a description of how the effectiveness of these actions and measures would be monitored during the proposed works, clearly indicating how often this monitoring would be conducted, the locations where monitoring would take place, how the results of this monitoring would be recorded and reported, and, if any exceedance is detected, how any non-compliance would be rectified; and (v) an out-of-hours work (OOHW) protocol for the assessment, management and approval of works outside of standard construction hours (not already allowed under this consent) as defined in condition C16, including a risk assessment process under which an Environmental Representative may approve out-of-hour construction activities deemed to be of low environmental risk and refer high risk works for the Director General’s approval. The OOHW protocol shall detail standard assessment, mitigation and notification requirements for high and low risk out-of-hour works, and detail a standard protocol for referring applications to the Director General; (c) an Air Quality Management Plan outlining procedures to be implemented to monitor and manage odour and dust generation from the Development site in accordance with conditions C25 and C26; and (d) a Construction Traffic and Access Management Plan to manage and minimise access and traffic impacts associated with the Development particular to residential streets at Kurnell, focusing on those periods (such as the concrete pour period) when peaks in traffic generation are expected to occur. The sub-plan shall include, but not necessarily be limited to: (i) identification of designated construction traffic access routes and periods of high traffic generation; (ii) details of designated vehicle parking, turning areas and ingress and egress points into temporary construction work compounds/ laydown areas; and (iii) how shift changes and delivery times shall be restricted to standard day time hours where practicable; (iv) details of management measures to minimise traffic impacts, including avoiding vehicle queuing and parking on public roads, safe pedestrian access and disruptions to traffic.
End of Schedule C
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SCHEDULE D COMMUNITY INFORMATION AND REPORTING COMMUNITY INFORMATION, CONSULTATION AND INVOLVEMENT Community Consultation D1.
The Applicant shall continue the existing community consultative committee for the life of the Development with the Kurnell community.
D2.
Prior to the commencement of construction the Applicant shall prepare (and following approval) implement a Community Consultation Plan, for the approval of the Director General to identify the consultation and notification procedures that would be undertaken during the construction of the Development to keep the general community and stakeholder groups informed of the construction works and measures to minimise impacts to these groups. The Plan shall include but not be limited to: (a) identification of key stakeholder groups that require notification and engagement on the construction works including (but not necessarily limited to): (i) recreational users of the Bay such as recreational fishing and boating groups and divers; (ii) users of Silver Beach; (iii) residents along Prince Charles Parade; (iv) the local community at Kurnell; (v) DPI (Fisheries) personnel working on the Ausgrid cable laying project seagrass rehabilitation site; and (vi) Local Council; (b) key matters on which these stakeholders groups would be kept informed of including: the commencement of construction works, access restrictions and exclusion zones within the Bay and near Silver Beach, the commencement and location of dredging, high noise generating works, traffic disruptions and means for providing comment or complaints on the Development; (c) procedures for engagement with and notification of these stakeholder groups by means that best targets each stakeholder group (e.g. on site signage, newspaper notifications, letter box drops, website updates, community meetings, notifications in stakeholder specific websites such as recreational fishing posts etc.), including frequency of notification; and (d) the means for ongoing engagement (as required) with relevant public authorities (e.g. EPA, OEH, DPI (Fisheries), Sydney Ports Corporation, Council and the Department) and notification in the case of an environmental incident.
Complaints and Enquiries Procedure D3.
Prior to the commencement of construction, or as otherwise agreed by the Director General, the Applicant shall ensure that the following are available for community enquiries and complaints for the duration of construction: (a) a 24 hour telephone number(s) on which complaints and enquiries about the Development may be registered; (b) a postal address to which written complaints and enquires may be sent; (c) an email address to which electronic complaints and enquiries may be transmitted; and (d) a mediation system for complaints unable to be resolved.
D4.
The telephone number, the postal address and the email address shall be published in newspaper(s) circulating in the local area prior to the commencement of construction and prior to the commencement of operation. This information shall also be provided on the website (or dedicated pages) required by this consent.
D5.
Prior to the commencement of construction, or as otherwise agreed by the Director General, the Applicant shall prepare and implement a Construction Complaints Management System consistent with AS 4269: Complaints Handling and maintain the System for the duration of construction and up to 12 months following completion of the Development. Information on all complaints received, including the means by which they were addressed and whether resolution was reached, with or without mediation, shall be maintained as part of the System and included in the construction compliance reports required by this consent. The information contained within the System shall be made available to the Director General on request.
Provision of Electronic Information D6.
Prior to the commencement of construction, or as otherwise agreed by the Director General, the Applicant shall establish and maintain a new website, or dedicated pages within an existing website, for the provision of electronic information associated with the Development, for the duration of construction and for 12 months following completion of the Development. The Applicant shall, subject to confidentiality, publish and maintain up-to-date information on the website or dedicated pages including, but not necessarily limited to: (a) information on the current implementation status of the Development;
NSW Government Department of Planning & Infrastructure
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Kurnell Port and Berthing Facility
(b) (c) (d) (e) (f) (g)
a copy of the documents referred to under condition B1 of this consent, and any documentation supporting modifications to this consent that may be granted from time to time; a copy of this consent and any future modification to this consent; a copy of each relevant environmental approval/consent, licence or permit required and obtained in relation to the Development; a copy of each current strategy, plan, program or other document required under this consent; the outcomes of compliance tracking in accordance with condition D7 of this consent; and details of contact point(s) to which community complaints and enquiries may be directed, including a telephone number, a postal address and an email address.
COMPLIANCE MONITORING AND TRACKING Compliance Tracking Program D7.
The Applicant shall develop and implement a Compliance Tracking Program to track compliance with the requirements of this consent. The Program shall be submitted to the Director General for approval prior to the commencement of construction and operate for a minimum of one year following commencement of operation, subject to the Director General’s review of the outcomes of the environmental auditing referred to in condition F1. The Program shall include, but not necessarily be limited to: (a) provisions for the notification of the Director General prior to the commencement of construction and prior to the commencement of operation of the Development (including prior to each stage, where works are being staged); (b) provisions for periodic review of the compliance status of the Development against the requirements of this consent; (c) provisions for periodic reporting of compliance status to the Director General, including a PreConstruction Compliance Report, construction reporting, and a Pre-Operation Compliance Report; (d) a program for independent environmental auditing in accordance with ISO 19011:2003 - Guidelines for Quality and/ or Environmental Management Systems Auditing during construction; (e) mechanisms for recording environmental incidents during construction and actions taken in response to those incidents; (f) provisions for reporting environmental incidents to the Director General and relevant public authorities during construction; (g) procedures for rectifying any non-compliance identified during environmental auditing, review of compliance or incident management; and (h) provisions for ensuring all employees, contractors and sub-contractors are aware of, and comply with, the conditions of this consent relevant to their respective activities.
Incident Reporting D8.
The Applicant shall notify the Director General of any incident with actual or potential significant off-site impacts on people or the biophysical environment within 24 hours of becoming aware of the incident. The Applicant shall provide full written details of the incident to the Director General within seven days of the date on which the incident occurred.
D9.
The Applicant shall meet the requirements of the Director General to address the cause or impact of any incident, as it relates to this consent, reported in accordance with condition D8 of this consent, within such period as the Director General may require.
End of Schedule D
NSW Government Department of Planning & Infrastructure
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Kurnell Port and Berthing Facility
SCHEDULE E OPERATION ENVIRONMENTAL MANAGEMENT HAZARD AND RISK Safety Management System E1.
At least two months prior to the commencement of commissioning, the Applicant shall update its Safety Management System to include any changes due to the development. The document shall clearly specify all safety related procedures, responsibilities and policies, along with details of mechanisms for ensuring adherence to the procedures. Records shall be kept on-site and shall be available for inspection by the Director General upon request. The updated Safety Management System shall be developed in accordance with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 9, ‘Safety Management’.
OPERATIONAL ENVIRONMENTAL MANAGEMENT E2.
Prior to the commencement of operation, the Applicant shall incorporate the Development into any existing environmental management systems administered by the Applicant and prepared in accordance with the AS/NZS ISO 14000 Environmental Management System series.
End of Schedule E
NSW Government Department of Planning & Infrastructure
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Kurnell Port and Berthing Facility
SCHEDULE F ENVIRONMENTAL MONITORING AND AUDITING ENVIRONMENTAL AUDITING F1.
Within one year of the commencement of operations and for a period of at least 5 years thereafter (unless otherwise agreed to by the Director General), the Applicant shall fund a full independent environmental audit. The audit shall be undertaken by a suitably qualified person/team approved by the Director General. The audits shall be made publicly available and would: (a) be carried out in accordance with ISO 14010 – Guidelines and General Principles for Environmental Auditing and ISO 14011 –Procedures for Environmental Auditing; (b) assess compliance with the requirements of this consent, and other licences and approvals that apply to the development; (c) assess the construction against the predictions made and conclusions drawn in the development application and EIS; (d) review the effectiveness of the environmental management of the development, including any environmental impact mitigation works and mitigation implemented to address matters identified in pervious audits; and (e) where required identify any additional or ongoing monitoring or mitigation measures to be put in place to manage residual environmental impacts associated with the Development. A copy of the audit report and the measures proposed by the Applicant to respond to matters identified in the audit including timeframe for their implementation shall be submitted for the Director General’s approval within three months of the completion of the audit, unless otherwise agreed to by the Director General.
End of Schedule F
NSW Government Department of Planning & Infrastructure
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Kurnell Port and Berthing Facility
Caltex Doc No. A4-144298
Administration Centre, 4-20 Eton Street, Sutherland NSW 2232 Locked Bag 17, Sutherland NSW 1499 Tel 02 9710 0333 Fax 02 9710 0265
DEVELOPMENT CONSENT Environmental Planning and Assessment Act 1979
Application Number:
DA15/0761
Authority:
Delegated Authority
APPLICATION DETAILS Applicant:
Caltex Australia Petroleum Pty Ltd 2 Market Street SYDNEY NSW 2000
Land Description
Part Lot 1 DP 215819 30-168 Sir Joseph Banks Drive, Kurnell
Proposed Development:
Permanent sustainable soil regeneration facility within existing bunded area, treating hydrocarbon contaminated soil from a range of sites including those owned by Caltex and third parties
Date of Determination:
10 March 2016
Date of Operation:
10 March 2016
Date of Lapsing:
10 March 2019
Under Section 80 of the Environmental Planning and Assessment Act 1979, Sutherland Shire Council has determined DA15/0761 as described above, by the granting of development consent subject to the conditions specified in this notice.
The following conditions of consent have been imposed to reduce or eliminate any detrimental effects that the proposed development might have on the environment or the amenity of the area.
Development Application No.: DA15/0761
Page 1
CONDITIONS OF CONSENT 1.
Approved Plans and Documents The development must be undertaken substantially in accordance with the details and specifications set out on the Drawings: Plan number
Reference
43177937.008 1-1 Rev A
Site and Project Area
43177937.009 1-2 Rev A 95509 Sheet 1, Rev 0 95509 Sheet 3, Rev 0 95509 Sheet 4, Rev 0 95509 Sheet 5, Rev 0 95509 Sheet 6, Rev 0
Project Area Site Locality Plan Site Plan General Arrangement Sections & Details Entry Signage & Security Chain
Prepared by URS URS Caltex Caltex Caltex Caltex Caltex
Date 18 December 2014 20 July 1015 14 July 2015 14 July 2015 14 July 2015 14 July 2015 14 July 2015
and any details on the application form and on any supporting information received with the application or submitted during the assessment of the application, except as amended by the following conditions. Note: The following must be submitted to Sutherland Shire Council prior to the commencement of any building work. i) ii)
A Construction Certificate. Notification of the appointment of a Principal Certifying Authority and a letter of acceptance from that Principal Certifying Authority. iii) Notification of the commencement of building works with a minimum of 2 days notice of such commencement.
2.
Integrated Development Approval - Requirements of Approval Body A. General Terms of Approval The development must be undertaken in accordance with all General Terms of Approval (GTA) of the following approval body under Section 91A of the Environmental Planning and Assessment Act 1979: Environmental Protection Authority A copy of the GTA of the approval body is attached to this development consent. These requirements must be incorporated in the application for a Construction Certificate.
3.
Environment Protection Authority Requirements 1. The development should be undertaken in accordance with the Protection of the Environment Operations Act 1997 (POEO Act) and associated regulations.
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2. Caltex Refineries (NSW) Pty Ltd currently holds an Environment Protection Licence (Licence 837) under the Protection of the Environment Operations Act 1997 for the operation of fuel storage terminal at Kurnell. All works and activities associated with the facility must comply with the conditions of the licence. 3. The applicant must ensure that Management Plans required under this consent are prepared in accordance with all statutory requirements and relevant guidelines and include: a) A description of the relevant statutory requirements, limits or performance criteria. b) A description of the measures that will be implemented to comply with the relevant statutory requirements, limits or performance criteria. c) A program to monitor and report on the environmental performance of the development and the effectiveness of any management measures implemented. d) A program to investigate and implement ways to improve the environmental performance of the project. e) A protocol for managing and reporting any incidents, complaints, noncompliances and/or exceedances of relevant statutory requirements, limits or performance criteria. f) A protocol for regularly reviewing the Management Plans. g) An effective communications strategy to notify all relevant stakeholders of any significant changes, performance issues and/or incidents that may be identified during the operation of the Soil Regeneration Facility. Note: The reuse of waste in NSW for the purposes of land application is administered through the resource recovery order ('Order') and resource recovery exemption ('Exemption') framework. The 'Soil Acceptance Protocol and Validation Plan' prepared by Enviropacific will need to be reviewed and updated as part of the order and exemption application process. Other Management Plans prepared in relation to the development may also need to be reviewed. Air Quality and Odour Management Plan 4. A detailed and project specific Air Quality and Odour Management Plan must be developed and maintained by suitably qualified and experienced person/s. The plan must be implemented prior to any operations associated with the Soil Regeneration Facility commencing at the site. The plan must include, but not necessarily be limited to: 1). effective air quality management measures that will be implemented to prevent dust or air quality issues. 2). detailed design information for all project emission controls including the biopile and biopile filtration and emission control systems. 3). an activated carbon bed breakthrough sub-plan. 4). staging of biopile construction and remediation activities at the Soil Regeneration Facility. 5). contingency measures to manage the receipt of highly odorous or noncompliant materials. 6). integration with a high wind early warning management system. 7). operation so there is adequate water supply for dust suppression. 8). an ambient air monitoring program designed to monitor emissions from Project works and ensure all project air quality goals are complied with. 9). for all key emission types and emission sources:
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a. clear linkages of proposed emission controls, relevant elements of the process design, and effective management strategies, to meet key performance indicators and licence requirements b. key performance indicator(s) for emission controls that are both measurable and auditable c. responsibilities for demonstrating and reporting achievement of key performance indicator(s) d. response mechanisms e. record keeping and complaints register f. compliance reporting g. contingency measures h. shut down procedures if air monitoring limits or trigger values are exceeded, and i. the measures that would be implemented to ensure compliance with all relevant air quality goals.
4.
Plans and Reports (a) The proposal must be constructed and operated in accordance with the approved plans and reports in particular the Environmental Management Plan - Caltex Permanent Soil Regeneration Facility, Kurnell Terminal dated 9 July 2015 prepared by EnviroPacific Services. (b) A copy of the reports required by the Enviroment Protection Authority General Terms of Approval and Condition 3 above shall be submitted electronically to Council concurrently with submission to the Environment Protection Authority.
5.
Public Place Environmental, Damage & Performance Security Bond A. Before Construction Prior to the issue of a Construction Certificate, the person acting on this consent must provide security to Sutherland Shire Council against damage caused to any Council property and / or the environment as a consequence of the implementation of this consent. The security may be provided by way of a deposit with Council or a bank guarantee. A non refundable inspection / administration fee is included in the bond value. It is the responsibility of the person acting on this consent to notify Sutherland Shire Council of any existing damage to public areas in the vicinity of the development site by the submission of a current dilapidation report supported by photographs. This information must be submitted to Council at least two (2) days prior to the commencement of works. In the event that the dilapidation report is not submitted two days prior to commencement and the public area sustains damage the person acting on this consent may be held liable. Should any public property and / or the environment sustain damage as a result of the works associated with this consent, or if the works put Council's assets or the environment at risk, Council may carry out any works necessary to repair the damage and / or remove the risk. The costs incurred must be deducted from the bond.
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The value of the bond is $5,200. Note:Bond amount includes a non refundable administration fee which must be paid separately. Use of Bank Guarantee - As bond releases may occur under different timeframes only one bond amount / bond purpose is permitted on a Bank Guarantee. Multiple bonds will require multiply bank guarantees to be lodged. B. After Occupation A request for release of the bond may be made to Sutherland Shire Council after all works relating to this consent have been completed. Such a request must be submitted to Council on the ‘Bond Release Request Form’ signed by the owner or any person entitled to act on the consent and must be accompanied by a current dilapidation report including photographs.
6.
Treatment of Leachate and Stormwater Any leachate generated from the bio-pile treatment process and any stormwter captured within the bio-pile treatment facility must be treated at the Caltex waste water treatment facility prior to discharge off site. Any contaminated water treated and discharged from the refinery site must comply with licence discharge limits.
7.
Stockpiles The height of the biopile stockpiles shall not exceed 2 metres and the gradients of the sides of the stockpiles shall not exceed the recommend gradients in Soils and Construction Volume 1 by Landcom (known as the " Blue Book").
8.
Dust Mitigation If after 12 months of air quality monitoring it is determined that dust leaving the biopile area is above agreed criteria (from Air Quality and Odour Management Plan) then ameliorative measures shall be determined and implemented in consultation with Council. Such measures may include wind barriers (physical or landscaping), additional tarping and/or operational measures.
9.
Sydney Water Tap inTM A. Before Construction The plans approved as part of the Construction Certificate must be submitted to a Sydney Water Tap inTM to determine as to whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and / or easements, and if further requirements need to be met. Customers will receive an approval receipt. Please refer to the web site www.sydneywater.com.au.
10. Noise Control and Permitted Hours for Building and Demolition Work A. During Works To minimise the noise impact on the surrounding environment: i) The LAeq sound pressure level measured over a period of 15 minutes when the construction or demolition site is in operation, must not exceed the ambient Sutherland Shire Council Development Application No.: DA15/0761
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ii)
background level (LA90 15min) by more than 10dB(A) when measured at the nearest affected premises. All building and demolition work must be carried out only between the hours of 7.00am and 6.00pm Monday to Friday inclusive, 8.00am and 3.00pm Saturdays. No work must be carried out on Sundays and Public Holidays.
11. Car parking Areas A. Ongoing To ensure that the car parking area satisfies the demands of the development car parking shall be provided within the Caltex site on an unrestricted basis and free of charge at all times for employees' and visitors' vehicles.
12. Loading and Unloading To preserve the amenity and ensure the safety of the public: A. Ongoing a) All loading and unloading of vehicles must be carried out within the site and not from the public roadway. b) All service/delivery vehicles must enter and leave the Caltex site in a forward direction. c) During the construction phase truck access shall be via Sir Joseph Banks Drive. d) Any trucks entering or leaving the facility shall comply with the Protection of Environment Operations (Waste) Regulation. e) Should the investigation into access to the overall site required by the Refinery Conversion approval result in the relocation of the main terminal access point to Sir Joseph Banks Drive trucks arriving and departing the bio-pile facility shall utilise such relocated access.
13. Hours of Operation A. Occupation Works to establish the facility and truck movements carrying soils to and from facility (other than those coming from elsewhere on the overall Caltex site) shall take place between 7.00am and 6.00pm Mondays to Saturdays.
Christine Edney Sutherland Shire Council Attached are the prescribed conditions that must be complied with under the Environmental Planning and Assessment Regulations 2000.
Sutherland Shire Council Development Application No.: DA15/0761
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PRESCRIBED CONDITIONS Division 8A of the Environmental Planning and Assessment Regulation Prescribes the following conditions of development consent S98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994) (1)
For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: (a) that the work must be carried out in accordance with the requirements of the Building Code of Australia, (b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia. (2)
This clause does not apply: (a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or (b) to the erection of a temporary building, other than a temporary structure to which subclause (1A) applies.
(3)
In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application is made for the relevant: (a) development consent, in the case of a temporary structure that is an entertainment venue, or (b) construction certificate, in every other case.
Note. There are no relevant provisions in the Building Code of Australia in respect of temporary structures that are not entertainment venues. S98A
Erection of signs
(1)
For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2)
A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying authority for the work, and
Sutherland Shire Council Development Application No.: DA15/0761
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(b)
(c)
showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the work site is prohibited.
(3)
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4)
This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5)
This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6)
This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note. Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100). S98B
Notification of Home Building Act 1989 requirements
(1)
For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.
(2)
Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: (a) the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of that Act, (b) in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
(3)
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
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(4)
This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
S98E Condition relating to shoring and adequacy of adjoining property (1)
For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the adjoining premises from possible damage from the excavation, and (b) where necessary, underpin the adjoining premises to prevent any such damage.
(2)
The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
Please be advised if this consent is for an entertainment venue, then there are further prescribed conditions that apply under clauses 98C and 98D of the Environmental Planning and Assessment Regulation.
Sutherland Shire Council Development Application No.: DA15/0761
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NOTES 1. The cutting down, lopping, injury and destruction of trees is regulated by Sutherland Shire Local Environmental Plan 2015 and Sutherland Shire Development Control Plan 2015. A person who contravenes, causes or permits the controls in relation to trees to be contravened is guilty of an offence. Trees designated to be removed on the approved plans under this consent may be removed unless specified otherwise in the conditions in this consent. All other trees on the site covered by Council's controls referred to above must be retained. 2. Section 82A of the Environmental Planning and Assessment Act confers on an applicant who is dissatisfied with the determination of the application the right to lodge an application with Council for a review of such determination. Any such review must however be completed within six (6) months from this determination. Should a review be contemplated sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination. Note: Review provisions do not apply to Complying Development, Designated Development, State Significant Development Integrated Development or any applications determined by the Joint Regional Planning Panel or the Land and Environment Court. 3. Division 8 (Appeals and Related Matters) Part 4 of the Environmental Planning and Assessment Act 1979 confers on an applicant who is dissatisfied with the determination of the application a right of appeal to the Land and Environment Court of New South Wales. 4. This consent will lapse unless the development is physically commenced within three (3) years from the Date of Operation of this consent, in accordance with Section 95 of the Environmental Planning and Assessment Act 1979 as amended.
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CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
Appendix D Register of Legal and Other Requirements
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal Interim OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 53 of 61
Version: 1.0
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
Document
Description of Documentation The Act and Regulations provide the framework for protection of the Australian environment, its biodiversity and places of natural and cultural significance. It establishes a range of processes and mechanisms to protect and promote the recovery of threatened species and ecological communities, and to preserve places of significance. The Act implements Australia’s obligations under international agreements.
Environment Protection and Biodiversity Conservation Act 1999 and Regulation 2000
1
A number of the matters of national environmental significance identified under the Act are relevant to Caltex: · National Heritage Places (i.e. Kurnell Peninsula Headland); · RAMSAR wetlands (i.e. Towra Point Nature Reserve); · Threatened species and ecological communities; and · Migratory species and ecological communities. Under the Act, it is an offence to undertake actions that result or will result in a significant impact on: · The national heritage values of a National Heritage Place; · The ecological character of a RAMSAR wetland; · A listed threatened species or threatened ecological community; or · A listed migratory species. Offences are more serious if such actions are undertaken recklessly. Maximum penalties for the above offences for individuals are $46 200 and/or up to 7 years imprisonment, and $231 000 for corporations. Depending on the circumstances of the offence, liability may also extend to executive officers of the corporation. Civil proceedings may lead to further pecuniary penalties. This Act provides the framework for the regulation of Australian airports. It is relevant to activities undertaken at the Caltex Kurnell Refinery due to the close proximity Sydney Kingsford Smith Airport. Particularly relevant to Caltex, the Act outlines the protection of airspace around airports.
General Environmental The Act defines airspace that requires protection as prescribed airspace, which is airspace that is protected if it is in the interest of the safety, efficiency or regularity of air transport operations into or out of an airport. Activities that result in intrusions into prescribed airspace are called controlled activities, which require approvals. The Act provides a listing of controlled activities.
2
Airports Act 1996
Activities that Caltex may require such approval for includes (but is not limited to): · an activity that results in the emission of smoke, dust or other particulate matter; · operating a source of artificial light; · operating prescribed plant, or a prescribed facility, that reflects sunlight; · an activity that results in air turbulence; and · an activity that results in the emission of steam or other gas. If such activities are undertaken without relevant approval, a fine of up to $27 500 may be incurred. The Civil Aviation Act provided the basis of the management of civil aviation. It provides a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accident and incidents.
3
Civil Aviation Act 1988
4
National Environmental Protection Measures (Implementation) Act 1998 and Regulations 1999
5
Cultural Heritage
Native Title Act 1993
This Act is relevant to activities undertaken at the Caltex Kurnell Refinery due to the close proximity Sydney Kingsford Smith Airport. Of particular relevance to Caltex is the power that the Governor-General has to make regulations consistent with the Act. For example, such regulations may include (but are not limited to) the reduction or prohibition of buildings, structures, objects or lighting that effects or potentially effects the safety of civil aviation. This Act and Regulations provide a framework for the implementation of National Environmental Protection Measures (NEPM) with respect to various activities. The Act seeks to protect, enhance and restore the quality of the environment in Australia, with a particular focus on ecologically sustainable development. A further objective of this Act is the provision to the general public of relevant and meaningful pollution information, which is both easily accessible and interpreted. The Act outlines the methodology through which State Laws that implement NEPM should be enforced at various levels. As the Caltex Kurnell Refinery seeks to comply with numerous NEPM (for example, on Ambient Air Quality) based on anticipated activities, this Act is relevant. The Native Title Act aims to provide recognition and protection of native title. To achieve this, the Act further provides a framework for any activities undertaken that have an effect, or potentially have an effect, on native title. The Act also covers the determination of compensation of such activities. The Act defines ‘native title’ as the communal or individual rights or interests of Aboriginal peoples or Torres Strait Islanders with respect to land and water. It takes into consideration recognised traditional law and common law. This Act is relevant to the Caltex Kurnell Refinery should any activities undertaken (previously or in the future) effect, or potentially effect, land or water covered under the definition of native title. If such activities are conducted, Caltex may be required to provide relevant compensation. This Act aims to regulate the export, import and transit of hazardous waste to ensure that such waste is managed such a way that both human and environmental health, both within and outside Australia, is protected. Such management would be conducted in an environmentally sound manner to minimise harmful effects. The Act gives effect to the agreement of Australia under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal . The Act defines hazardous waste based on the definition provided in the above Basel Convention. This definition included (but is not limited to):
6
Hazardous Waste (Regulation of Exports and Imports) Act 1989 Dangerous Goods Management
7 8
10 11
12
This Act determines that management of hazardous waste that is exported, imported or in transit should be transparent and should take all possible measures to maintain human and environmental health. Further, permits to perform activities where such management is required should be attained. Non-compliance with this Act may result in a fine of up to $1,100,000. A such, the Caltex Kurnell Refinery should ascertain whether waste that is exported or imported by the organisation is classified as hazardous, and obtain relevant permits where required. This Regulation sets out the fees associated with the export and import of hazardous wastes. Hazardous Waste (Exports and Imports) (Fees) Regulations 1990 Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 This Regulation governs the export of metal alkyl compounds in hydrocarbons and hexachlorobenzene under the Basel Convention. It also provides the Minister powers to approve recovery facilities for the import of hazardous wastes under the Basel Convention.
Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 Road Transport Reform (Dangerous Goods) Act 1995 Road Transport Reform (Dangerous Goods) Regulations 1997
9
Resource Management
• household waste; • residue from the incineration of household waste; • waste listed in the Annex of the Basel Convention; and • waste classified as hazardous by domestic legislation of the exporting, importing or transiting parties.
Fuel Quality Standards Act 2000 and Regulations 2001
This Regulation governs the application for special permits to export hazardous waste to OECD countries for the purpose of treatment in recovery facilities. This Act is no longer relevant – it was ceased on the 5th April 2010. This Act was repealed by the Road Transport Reform (Dangerous Goods) Repeal Act 2009 . This Regulation has been repealed This Act and Regulations aim to regulate activities involving fuel and fuel additives. It seeks to ensure that, where appropriate, information about fuel is provided when the fuel is supplied. Further objectives of this Act include regulating the quality of fuel supplied in Australia to: • reduce the level of pollutants and emissions arising from the use of fuel that may cause have negative effects on human and environmental health; • facilitate the advancement of technologies for engines and emission controls; and • Enable more effective engine usage. To set levels that are transferrable across all sections of this Act, ‘fuel standards’ are created. Each of these standards refers to a level of a specific fuel that has been determined to represent a potentially damaging level to human and environmental health. These fuel standards provide stringent parameters to apply in respect of supplies of the fuelin specified areas in Australia.
13
Product Stewardship (Oil) Act 2000 and Regulations 2000
There are numerous offences which relate to the compliance with fuel standards and supply of information. Offences may incur a fine of up to $27500. Caltex should ensure that for any fuel that it supplies for another organisation, the relevant fuel standards are The Act and Regulations establish the general framework, benefit entitlements and the operation of the Oil Stewardship Advisory Council. The product stewardship benefit rates and criteria are prescribed in the Product Stewardship (Oil) Regulation 2000.
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
Document
Description of Documentation The Act and Regulations control the manufacture, import and export of all ozone depleting substances and their synthetic greenhouse gas replacements. The manufacture, import and export of these substances is prohibited unless the correct licence is held.
Ozone depleting substances: • Chlorofluorocarbons (CFCs) • Halon 1211, 1301 and 2402 • Carbon tetrachloride (CCl4), Methyl chloroform (CH3CCl3) • Hydrobromofluorocarbons (HBFCs) • Hydrochlorofluorocarbons (HCFCs) Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 • Methyl bromide (CH3Br) • Bromochloromethane (CH2BrCl) and Regulation 1995 Synthetic greenhouse gases: • Hydrofluorocarbons (HFC) • Perfluorocarbons (PFC)
14
Penalties under the Act include fines of up to $55 000 and/or 2 years imprisonment.
77
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
78
National Greenhouse and Energy Reporting Act 2007
The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (as amended in 2005) contain controls relating to: import/export/manufacture licensing; manufacture and disposal of scheduled substances; refrigeration and air-conditioning; methyl bromide; and fire protection. The Aboriginal and Torres Strait Islander Heritage Protection Act enables the Australian Government to respond to requests to protect traditionally important areas and objects that are under threat, if it appears that state or territory laws have not provided effective protection. The government can make special orders, called declarations, to protect significant Aboriginal areas, objects and classes of objects from threats of injury or desecration. The government cannot make a declaration unless an Aboriginal or Torres Strait Islander person (or a person representing an Aboriginal or Torres Strait Islander person) has requested it and has provided satisfactory evidence of a body of traditions, customs, observances and beliefs that explains, firstly, why there is a threat of injury or desecration and, secondly, why the area, object or class of objects is of particular significance to Aboriginal or Torres Strait Islander people. The power to make declarations is meant to be used as a last resort, after the relevant processes of the state or territory have been exhausted. The National Greenhouse and Energy Reporting Act introduced a single national framework for the reporting and dissemination of information about the greenhouse gas emissions, greenhouse gas projects, and energy use and production of corporations. The objectives of the NGER Act are to: • underpin the introduction of an emissions trading scheme • inform government policy formulation and the Australian public • help meet Australia’s international reporting obligations • assist Australian, state and territory government programs and activities, and • avoid the duplication of similar reporting requirements in the states and territories. The first annual reporting period began on 1 July 2008. Corporations that meet a National Greenhouse and Energy Reporting (NGER) threshold must report their: • greenhouse gas emissions • energy production • energy consumption, and • other information specified under NGER legislation. The Department of Climate Change and Energy Efficiency has retained formal oversight of the NGER Scheme and responsibility for tracking progress against Australia's target under the Kyoto Protocol.
Commonwealth Model Regulations, National Standards and Codes of Practice Australian Code for the Transport of Dangerous Goods by Road and Rail The Australian Dangerous Goods Code outlines the requirements for transporting dangerous good by road or rail. The transport of dangerous goods is a high risk activity involving heavy vehicles on the public road and rail network. The purpose of the Code is to 15 provide a framework for uniformity and consistency in technical requirements across all jurisdictions. (ADG Code) (7th Edition issued March 2007) This NEPM relates to the movement of controlled waste between States and Territories. It seeks to ensure that controlled wastes that are transported between jurisdictions are appropriately identified, handled and transported with methods that are in line with environmentally sound practices. Management systems for the development and integration of this framework includes (but is not limited to):
National Environment Protection Measure (Movement of Controlled Wastes between States and Territories) 2004
16
• implementation of a tracking system to monitor the movement of controlled wastes; • notification prior to any movement to allow for adequate planning and preparation; and • regulation of facilities to enable consistency across all jurisdictions. The NEPM includes an extensive appendix that outlines it considers to be controlled waste. ‘List 1’ provides material categories of different waste. ‘List 2’ contains different characteristics of controlled waste. If a material is included in ‘List 1’ and had at least one characteristic from ‘List 2’ it is considered controlled waste for this NEPM. By complying with this NEPM, Caltex will ensure that adequate management systems exist for the movement of controlled waste between jurisdictions. These systems provide a transparent approach which is also environmentally sound. To control hazardous workplace substances, the National Model Regulations provides a framework to minimise the risk of adverse health and environmental effects due to exposure, while the National Code of Practice provides a practical guide on how to comply with the Regulations. The Regulations and Code of Practice define a ‘hazardous substance’ as a substance which: • is listed on the National Occupational Health and Safety Commissions’ List of Designated Hazardous Substances; or • has been classified as a hazardous substance by the manufacturer or importer in accordance with the National Occupational health and Safety Commission’s Approved Criteria for Classifying Hazardous Substances.
Control of Workplace Hazardous Substances – National Model Regulation [NOHSC:2007(1994)]; National Code of Practice [NOHSC:2007(1994)]
17
The Regulations and Code of Practice apply to all hazardous substances, to all workplaces where hazardous substances are utilised, and to all persons with the potential for exposure to hazardous substances in such workplaces. There are a limited number of substances which are exempt from the Regulations and Code of Practice, including (but not limited to): • substances used in the workplace for personal use that are not provided by the workplaces, such as cosmetics, tobacco products and food; and • radioactive and infectious substances. As hazardous substances (as defined above) are present at the Caltex Kurnell Site, the following should be implemented to comply with the Regulations and Code of Practice: • Provision of labels and Material Safety Data Sheets for all hazardous materials; • Assessment of the risk of exposure to hazardous substances and control measures; • Training of employers on the nature of hazardous substances and control measures; • Display of relevant information on hazardous substances for employers, emergency services and other public authorities; and • Ensure summary reports produced under the Industrial Chemicals (Notification and Assessment) Act 1989 (Commonwealth) are accessible. Caltex should ensure that hazardous substances are identified and highlighted appropriately. Further, all employers should have access to relevant information pertaining to working with hazardous substances.
Dangerous Goods Management
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
Document
Dangerous Goods Management
Storage and Handling of Workplace Dangerous Goods – National Standard [NOHSC:1015(2001)]; National Code of Practice [NOHSC:2017(2001)]
18
Description of Documentation To control workplace dangerous goods, the National Standard provides a framework to minimise the risk of adverse health and environmental effects due to exposure, while the National Code of Practice provides a practical guide on how to comply with the Standard. The National Standard defines dangerous goods as goods that: (a) are named in a specific entry in Column 2 in Appendix 2 of the Australian Dangerous Goods (ADG) Code, but not in a generic entry or in an entry where the letters ‘N.O.S’ are shown as part of the Proper Shipping Name for the goods; (b) satisfy the criteria in Column 2 or 9 in Appendix 2 of the ADG Code; (c) satisfy the criteria in a Special Provision of the ADG Code that is applied by Column 7 in Appendix 2 of the ADG Code; (d) are determined to be dangerous goods by the authority appointed by the jurisdiction to give effect to the ADG Code; (e) satisfy the United Nations dangerous goods tests and criteria for determining whether goods are dangerous goods; (f) include goods defined as goods too dangerous to be transported; or (g) include C1 combustible liquids. The National Standard requires manufactures and suppliers of dangerous goods to: • Classify dangerous goods; • To package dangerous goods in accordance with the ADG code; • Provide appropriate MSDSs for the dangerous goods; and • Ensure all plant and structures are suitable and safe for use with those dangerous goods. The National Standard requires the occupier of a premises containing dangerous goods to: • Identify all hazards associated with dangerous goods; • Carry out a risk assessment; • Maintain records relating to dangerous goods, including a register of dangerous goods; • Establish controls to minimise the risks associated with dangerous goods, including: • proper segregation and separation; • provision of spill and containment controls; and • proper signage and placarding. • As far as practicable, minimise the occurrence and volume of dangerous goods transfers; • Provide fire protection and prepare emergency responses; and • Provide information, including MSDSs, and training to relevant personnel, and consult those personnel who may come into contact with dangerous goods; The National Standard establishes that a person who has to any extent, management or control of the storage and handling of dangerous goods must take such precautions and exercise such care as is practicable to protect the safety and health of persons, and prevent damage to property and/or the environment, from the risks arising from the dangerous goods. There are also a number of further requirements which are relevant to Caltex, including: — Where the quantity of all dangerous goods stored and handled on a retail premises are greater than the Manifest Quantities in Schedule 1 of the National Standard, the occupier is required to: • Prepare a written emergency plan; • Prepare a manifest for the premises; and • Provide a notification to the appropriate authority. — The operator of a pipeline must ensure that the EPA is notified as to the: • Supplier and receiver for any dangerous goods to be transferred by the pipeline; and The class and quantity of the dangerous goods to be transferred.
The National Standard and National Code of Practice for the Control of Major Hazard Facilities addresses the scale and type of hazards created at a major hazard facility which may not be adequately covered by the existing legislation. The Standard and Code of Practice cover hazard identification, reporting and training requirements, planning frameworks and responsibilities.
The Control of Major Hazard Facilities – National Standard [NOHSC:1014(2002)]; National Code of Practice [NOHSC:2016(1996)]
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20
Contaminated Site Management
21
National Environment Protection (Assessment of Site Contamination) Measure 1999
National Environment Protection (Ambient Air Quality) Measure 2003
Air Quality Management
Part of the assessment of risk is to include environmental risks, such as those from chemicals and wastes. The Code of Practice also establishes reporting requirements for major accidents, defined as: “a sudden occurrence (including, in particular, a major emission, loss of containment, fire, explosion or release of energy) leading to serious danger or harm to people, property or the built or natural environment, whether immediate or delayed.’ The Operator is to notify the relevant authority within 24 hours of a major accident. It is important to note that more stringent incident reporting requirements are required under NSW legislation. A nationally consistent approach to the assessment of site contamination is provided in the National Environmental Protection Measures (NEPM), which seek to guarantee sound environmental management practices by all relevant parties. Further, a key outcome of the NEPM is the adequate protection of human and environmental health where site contamination has occurred. The NEPM define ‘site contamination’ as where the segment of land or water under assessment has been modified by the addition of any chemical substance or waste above background levels, and could potentially have adverse effects on human or environmental health. To achieve national consistency, the NEPM provides a framework to follow for the assessment and management of site contamination. Included within this framework (but not limited to) are: • Guidelines for investigation of a site; • Procedures for data collection and analysis; and • Methods to implement results from the investigation. To comply with the NEPM at the Kurnell Refinery, Caltex should ensure that any potential site contamination is investigated in accordance with the outlined guidelines. Further, where a site is deemed to be contaminated, Caltex should provide appropriate management strategies in accordance with the NEPM. An outline of national standards for protecting and managing outdoor ambient air quality is provided in the National Environmental Protection Measures (NEPM). These measures provide a guide to allow for adequate protection of human and environmental health by all relevant parties. Additionally, the NEPM outline standard air quality levels of pollutants, and demonstrates the processes to determine whether the identified standards are being met. By complying with the NEPM, the Caltex Kurnell Site would demonstrate commitment to adequate protection of human health and well-being from air pollutants. To comply with the NEPM, the following should be considered (note that further approaches may be found in the NEPM): · Incorporation of suggested national standards into environmental planning; and · Inclusion of provided framework to monitor outdoor ambient air quality. To maintain and improve ambient air quality and ambient water quality (marine, estuarine and fresh), the National Environmental Protection Measures (NEPM) attempt to minimise adverse environmental impacts associated with hazardous waste. Additionally, a key outcome of the NEPM is the improvement in the sustainable use of resources. These goals are achieved through the collection and distribution of relevant information on emission data. The outcomes outlined in the NEPM are utilised to establish a database (the National Pollutant Inventory). This database, which is available and accessible to the public, includes the following information: • Geographical records regarding the emission and transfer of specific substances; • Data that enhances and facilitates environmental management; and • Methods for waste minimisation and cleaner production programmes. The framework for monitoring and submitting information to the database is outlined in the NEPM. Caltex should ensure that all substances with the potential to adversely affect ambient air or water quality be monitored following the framework in the NEPM. Further, the voluntary contribution of data to the National Pollutant Inventory would display a commitment to transparency of information. The National Environmental Protection Measures (NEPM) aims to reduce environmental degradation arising from the disposal of used packaging material. Further, the NEPM seek to conserve material through encouraging waste avoidance, and promoting the reuse and recycling of used packaging material. These goals are achieved through supporting and complementing the assurances outlined in the National Packaging Covenant (the Covenant).
22
National Environment Protection (National Pollutant Inventory) Measure 1998
23
National Environmental Protection (Used Packaging Materials) Measure together to implement waste management strategies outlined (but not limited to) those listed in the NEPM. The NEPM focuses on: 2005 • materials used for packaging retail products, or for packaging food and beverages;
The Covenant is an agreement entered into by government and industry participants in consumer packaging and paper, which is based on product stewardship and shared responsibilities. In agreeing to the Covenant, all signatories make a commitment to work
• consumer paper; and • distribution packaging. By implementing the framework outlined in the NEPM, the Caltex Kurnell site would demonstrate environmental responsibility in waste management. The control of used packaging material at all levels of the organisation would ensure that the risk to human and environmental health would be minimal. Further, by becoming a signatory to the Covenant, Caltex would confirm their commitment to managing waste associated with packaging. The Code of Practice for the Safe Removal of Asbestos provides guidance for industry to meet their legal obligations, and should be applied whenever any amount of asbestos or asbestos-containing material is to be removed from a workplace. The Code of Practice is additional to the National Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2002(2005)]. Both of the codes should be consulted whenever asbestos or asbestos-containing materials (ACM) are to be removed.
Waste Management
24
ASCC Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002 (2005)]
The Code of Practices provides that asbestos removal should only be undertaken by a competent removalist. State legislation requires the licensing and registration of operators involved in asbestos removal, transport and disposal. In the role of a client seeking the removal of asbestos or ACM, Caltex has the responsibility to: — Ensure a qualified and/or licenced asbestos removalist undertakes the work; — Provide an up-to-date register of ACM; — Provide an up-to-date asbestos management plan; and — Provide removal requirements and specifications. The Code of Practice establishes the responsibilities, requirements and procedures to be followed by asbestos removalists, including additional controls for the removal of friable ACM.
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
Document
79
Model Work Health and Safety Regulations 2011.
80
Managing Risks of Hazardous Chemicals in the Workplace – Code of Practice 2012.
81
National Pollutant Inventory Guide 2010
Description of Documentation The Model Work Health and Safety Regulations (2011) are part of the national harmonisation of work health and safety legislation. The regulations incorporate the management of dangerous goods and hazardous substances (which were formerly covered by the Control of Workplace Hazardous Substances – National Model Regulation [NOHSC:2007(1994)] and Storage and Handling of Workplace Dangerous Goods – National Standard [NOHSC:1015(2001)]). The WHS Regulations are comprehensive and cover all aspects of work health and safety. This review is limited to how the regulations apply to dangerous goods and hazardous chemicals. Chapter 7 of the WHS Regulations includes provisions for hazardous chemicals including lead and dangerous goods. Provisions relating to asbestos are in chapter 8. Classification of dangerous goods and hazardous chemicals under chapter 7 is generally based on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) published by the United Nations. However, some tables in the GHS are replaced with tables in schedule 6 of the WHS Regulations. A five year transitional period will apply to this change. NSW has implemented its own transitional legislation to provide for the transition to GHS. During the transitional period, until 2017, duty holders may classify and label chemicals in accordance with either GHS or existing arrangements. The OHS Regulation currently exempts pesticides, drugs and poisons from hazardous substances labelling when supplied for use in workplaces. If the quantity of a Schedule 11 hazardous chemical used, handled, generated or stored at a workplace exceeds the manifest quantity for that hazardous chemical a copy of the emergency plan must be provided to the emergency service organisation. This Code of Practice on how to manage the risks associated with hazardous chemicals in the workplace is an approved code of practice under section 274 of the Work Health and Safety Act. As an approved code of practice, it is a practical guide to achieving the standards of health, safety and welfare required under the Work Health and Safety Act and the Work Health and Safety Regulations. This Code applies to: — substances, mixtures and articles used, handled, generated or stored at the workplace which are defined as hazardous chemicals under the WHS Regulations — the generation of hazardous chemicals from work processes. The Code identifies processes for: — Identifying hazards; — Assessing risks; — Controlling risks; — Monitoring and review; and — Emergency preparedness. This guide provides information on undertaking National Pollutant Inventory calculations and reporting. Caltex should consult the guideline when undertaking annual National Pollutant Inventory calculations and reporting.
Australian Standards This International standard specifies the requirements for an environmental management system (EMS). An organisation may implement an EMS to enable the development and implement objectives and policy which take into account any legal or other requirements. An EMS also outlines significant environmental aspects which an organization can control or influence, however it does not provide specific environmental performance criteria.
AS/NZS ISO 14001:2004 Environmental management systems – Requirements with guidance for use
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The standard requires an organisation to follow a Plan-Do-Check-Act methodology when implementing an EMS, there-by ensuring continual improvement of the system. The standard outlines further requirements of an EMS that includes (but is not limited to): • an organisation to define and document the scope of its EMS; • environmental policy in line with the EMS is defined by top management; • planning which takes into consideration environmental aspects, legal and other requirements, objectives, target and programmes; • implementation and operation, focusing on resources, responsibilities, authority, training, communication and documentation; and • checking of the system, involving monitoring, evaluation, record maintenance and internal audits. To comply with the standard, the Caltex Kurnell Refinery should use the framework provided in the requirements to ensure that the correct procedures are being followed. Further, this document should be used as an over-arching summary of the methodology that is required to maintain and EMS to International Standards.
General Management This International Standard specifies the requirements for a quality management system (QMS). An organisation may implement a QMS to demonstrate its ability to consistently provide product that customer, legal and other requirements. Further, a QMS may be utilised to exhibit continual improvement in achieving customer satisfaction and conforming to applicable requirements.
26
AS/NZS ISO 9001:2008 Quality Management System – Requirements
A QMS follows a ‘process approach’ where-by the system is continually monitored, managed and improved. This ensures that an organisation is utilising the best possible practices in their activities. The standard outlines further requirements of a QMS including (but not limited to): • the control and consistency of documentation; • a customer-based focus; and • management review. To comply with the standard, the Caltex Kurnell Refinery should use the framework provided in the requirements to ensure adequate procedures are in place to implement a QMS. Many of the activities undertaken require transparent, standardised methodology, which can be achieved by following this standard. The Standard deals with flammable liquids of dangerous goods Class 3, as classified in the UN Recommendations on the Transport of Dangerous Goods—Model Regulations, and combustible liquids. The objective of the Standard is to promote the safety of persons and property where flammable or combustible liquids are stored or handled, by providing requirements and recommendations that are based on industry best practices.
27
Dangerous Goods Management
28
AS 5667 Water Quality – Sampling
AS 5667.1-1998 Guidance on the Design of Sampling Programs, Sampling Techniques and the Preservation and Handling of Samples
29
30
AS 1940-2004: The Storage and Handling of Flammable and Combustible Liquids
Water Quality Management
AS 5667.9-1998 Guidance on Sampling from Marine Waters
The Standard covers design criteria and operating requirements for storage, packing and handling areas, as well as storage tanks and pipework and pumping systems. Environmental risk minimisation is integrated with health and safety concerns throughout the Standard. The Standard defines an environmentally sensitive area as: (a) a water catchment area; (b) a reservoir for drinking water; (c) a freshwater or marine environment; and (d) a national park or equivalent. The Standard establishes a number of environmental controls, including: • Flammable and combustible liquids are to be kept at least 1 m away from a (among other things) protected place, body of water, watercourse or environmentally sensitive area; • Packages should be kept at least 600mm from the inner edge of the bund wall or restraints provided to ensure such spillages do not occur. • Liquids should not be allowed to reach ignition sources, stores of other chemicals, or combustible materials (e.g. timber and paper), or flow into drains or onto neighbouring land, or enter any creek, pond or waterway; • All spills and leaks shall be cleaned up immediately; • Any waste shall be disposed of safely and in accordance with the local regulations; and • Packages are to be kept in such a manner that they cannot fall and cause spillage outside a bunded compound; Portable bunding units, e.g. bunded pallets, or flexible bunding units, are not suitable for permanent storage as there are no uniform performance criteria for chemical resistance or fire resistance and they can be easily moved to an unsuitable location. They may be suitable for the short-term holding of damaged packages, or where goods are in transit or in manufacturing and handling areas. Appropriate facilities and materials are to be provided for the collection, containment and treatment of containers that are: • leaking; • damaged and likely to leak as a result of such damage; or • awaiting disposal. The Standard requires proper storage of nominally empty packaging, including spillage containment for environmental reasons (although bunding is not necessary). This series of standards focuses on the sampling of water and waste water. The series seeks to provide guidance on the sampling and monitoring of such water. Some aspects that it focuses on include: • design and sampling programs; • sampling techniques; • preservation; • handling and transport of samples for the purpose of process control; • quality characterisation; • identification of source pollution; and • compliance with water quality guideline and standards. When conducting any activity involving sampling of waters or waste waters, Caltex should be aware of the standards listed in this series. This section of the standard focuses on the design of sampling programs, sampling techniques, and the preservation of samples. It outlines the general principles to be followed when conducting physical, chemical, microbiological or radiological analysis of waters or waste waters. It focuses on general principles and guidance, while also linking different guidelines to the framework. By adhering to the procedures outlined in this document when conducting waters or waste waters sampling, Caltex would ensure a standardised methodology, including conformance with relevant legislation. This section of the standard outlines detailed principles for sampling from marine waters, which include (but are not limited to): • estuaries; • tidal inlets; • coastal regions; and • the open sea. This section is designed to complement other sections of the standard to provide a standardised methodology for sampling. It outlines the difficulty of conducting accurate marine water sampling without contamination from fuel or exhaust. Should Caltex be involved with sampling from marine waters, this document provides a reference point for compliance with current legislative requirement.
Water Quality Management LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
Document
Description of Documentation This section of the standard outlines the sampling of waste waters, but does not include sampling from accidental spillages (although the principles may be similar). It provides a standardised approach for sampling to ensure consistency in results. This section is applicable to waste water in all forms, including (but not limited to):
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AS 5667.10-1998 Guidance on Sampling of Waste Waters
32
ANZECC Water Quality Guidelines
• industrial waste; • crude waste; and • treated domestic waste. When sampling any waste water, the Caltex Kurnell Refinery should follow the framework provided in this section to ensure consistent results. Further, this document should be used as reference point for the conformance to relevant legislation. The ANZECC Water Quality Guidlelines provide guidelines for fresh and marine water quality. The main objectives of this document is to provide an authoritative guide for setting water quality objectives that are required to maintain environmental health. The guidelines are based off a series of data sampling and analysis to determine threshold levels of different contaminants in various water bodies. Further, the guide also identifies different thresholds depending on the activity performed. The over-arching aim of these guidelines is the protection of human and environmental health. The guidelines outlines in the ANZECC Water Quality Guidelines are taken into consideration when legislation sets limits of contaminants in water bodies. By recognising the recommendations and guidelines outlined by ANZECC, Caltex may develop more efficient and cost-effective environmental management. Further, conformance with the guidelines would ensure a safe level of water contamination is maintained.
This Standard sets out requirements and recommendations for the safe storage and handling of corrosive substances, i.e. substances that meet the Class 8 classification criteria of the ADG Code. The Standard also applies to other dangerous goods that are assigned a Class 8 subsidiary risk by the ADG Code, except where they are of Class 2 or where more stringent requirements apply under another relevant Australian Standard or applicable regulation. 82
AS 3780-1994: The Storage and Handling of Corrosive Substances NOTE: A discussion of the hazards presented by corrosive substances is provided in Appendix A.
83
Dangerous Goods Management
AS/NZS 3833:2007. The Storage and Handling of Mixed Classes of Dangerous Goods in Packages and Intermediate Bulk Containers
This Standard sets out requirements and recommendations for the safe storage and handling of dangerous goods, in packages and intermediate bulk containers (IBCs) of up to 1.6 m3 capacity, where dangerous goods of more than one class are kept within the same store, without the need for segregating walls. NOTES: 1. Dangerous goods are classified as such and listed in the UN Recommendations on the Transport of Dangerous Goods—Model Regulations. They are also listed in the Australian Dangerous Goods Code (ADG Code) and NZS 5433. 2. An outline of the classes and divisions of dangerous goods is provided in Appendix A. 3. To achieve storage conditions comparable in safety to those for individual class storages, the various Australian or Joint Standards for the storage and handling of individual classes of dangerous goods have been reviewed and additional requirements and recommendations introduced as necessary. The resulting conditions for mixed class storage are intended to provide an equivalent level of safety as that which would be achieved by applying the relevant Australian Standard for each individual class or division of dangerous goods being kept.
This Standard sets out requirements and recommendations for the safe storage and handling of oxidizing agents, i.e. substances that meet the Class 5.1 classification criteria of the ADG Code. This Standard also applies to other dangerous goods that are assigned a Class 5.1 subsidiary risk by the ADG Code, except where they are of Class 2 or where more stringent requirements apply under another relevant Australia Standard or applicable regulation. 84
AS 4326:1995. The Storage and Handling of Oxidizing Agents
American Public Health Association 1998. Standard Methods for the Examination of Water and Waste Water, 20th Edition. New South Wales Environment Protection Licence 85
Laboratory Testing Methods
This Standard applies in locations that are generally industrial, commercial or rural in nature, including laboratories where the provisions of this Standard are additional to those of AS 2243.10. Where there is conflict between the requirements of this Standard and those of AS 2243.10, this Standard shall take precedence.
This publication is used as the reference text for establishing and documenting the correct QA laboratory test methods at the Kurnell Terminal. TThe EPA issues EPLs to operators of various industrial premises under the Protection of Environment Operations Act 1997. Licence conditions relate to pollution prevention and monitoring, and cleaner production through recycling and reuse and implementation of best practice. It is an offence to undertake any scheduled development work or activities without a licence from the EPA.
33
Caltex’s Environment Protection Licence Number 837
New South Wales Legislation
34
Environmental Planning and Assessment Act 1979 and Amendment Regulation 2000
The EPL permits three scheduled activities to take place at Kurnell: chemical storage, petroleum and fuel production, and waste processing (non-thermal treatment). The EPL imposes a number of key provisions, including: • Operating conditions on the processing, handling, movement, storage of materials and substances used to carry out the activity, and the treatment, storage, processing, reprocessing, transport and disposal of waste generated by the activity; • Proper maintenance and operation of plant and equipment; • Development and implementation of an Emergency Response Plan; • Permitted discharges to air, water and application to land, and the limits of pollutant discharges; • Wastes which may be caused, received, permitted and processed on the site; • Emission of dust, noise and offensive odours; • Requirement to notify the EPA of incidents causing or threatening material harm to the environment; • Receiving and recording of community complaints; and • Penalties for non-conformance with the conditions of the EPL. The responsibilities of the licence holder include: • Compliance with conditions of the EPL; • Assumption of liability for contractors; and • Payment of annual fees and submission of annual returns. Refer to the EPL for details of the provisions outlined above. For further information, see Standard for Overview of NSW Pollution Control Law for Caltex’s Kurnell Refineries (STD 5.03.04.002). subsidiary risk by the ADG Code, except where they are of Class 2 or where more The Environmental Planning and Assessment Act (EP&A Act) and Regulation are a central piece of New South Wales legislation that focus on the incorporation of environmental health maintenance into development planning law. When planning for a development, the EP&A Act and Regulations help to determine the level of environmental management required on a site. Objectives of this Act include (but are not limited to): • the encouragement of land use and development with social, economic and environmentally sustainable outcomes; • the sharing of environmental planning responsibility between different governance levels; and • the promotion of community participation in the environmental planning and assessment stage of development. The EP&A Act provides the framework for the consideration of environmental impacts of all stages of a development. An organisation may be responsible to provide documentation relating to the maintenance of environmental health for independent assessment. Further, approval may be required under this Act before progress on a project can legally continue. Fines of up to $1,100,000 may be imposed for non-conformance to the requirements outlined in this Act. Caltex may require approval for the development of land or the change of land use within the Kurnell Refinery. By referring to this Act, Caltex can determine the level of environmental assessment and planning required. By undertaking this assessment and planning, Caltex would conform to legislative requirements. This Policy identifies and facilitates different section of the EP&A Act. In particular, objectives of the Policy include (but are not limited to) the:
35
36
State Environmental Planning Policy (Major Projects) 2005
State Environmental Planning Policy (Kurnell Peninsular) 1989
• identification of development requiring approval under Part 3A of the EP&A Act; • identification of critical infrastructure projects that fall under Part 3A of the EP&A Act; • facilitation of the management of sites which are deemed as significant to the State; • delivery of outcomes for a range of public services and sites; • rationalisation, clarification and review of the processes involved with Ministerial review of development proposals; and • identification of development for which regional panels are to exercise specified consent authority functions. Caltex should be aware that development at the Kurnell Refinery that is classified as a ‘Major Project’ may require approval as outlined by the EP&A Act. Further, this Policy may provide further clarification of details required to conform to legislative requirements. TThis Policy outlines the methodology and practices involved in environmental planning that specifically relates to the Kurnell Peninsular. It provides a framework by which the assessment of different types of developments can be regulated with regards to environmental sustainability. It is more specific than the EP&A Act by identifying issues localised and often unique to the Kurnell Peninsular. The Key objectives of this Policy include (not are not limited to): • the conservation of the natural environment at the Kurnell Peninsular; • the provision of developments that are relevant, needed and beneficial to the local area; • the sharing of responsibilities between different organisation; • the minimisation of environmental risk. The Caltex should be aware that any development at the Kurnell Refinery may be required to conform to local requirements outlined in this Policy. Further, this Policy may provide further clarification of details required to conform to legislative requirements.
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
37
Document
General Environmental Management Protection of the Environment Operations Act 1997
Protection of the Environment Operations (POEO) Act 1997
Protection of the Environment Operations (POEO) Act 1997
Description of Documentation
The POEO Act is the central piece of NSW environmental legislation. The Act prohibits scheduled activities unless they are licenced by the EPA. Caltex has a licence to operate as summarised under the Caltex EPL section. The Act classifies various offences according to their severity: • Tier one, the most serious offences, include: • Wilfully or negligently disposing of waste (without lawful authority) in a manner that harms or is likely to harm the environment; • Wilfully or negligently causing any substance to leak, spill, or otherwise escape (without lawful authority) in a manner that harms or is likely to harm the environment; • Wilfully or negligently contributing to circumstances which give rise to an offence of causing a substance to leak, spill or escape; • The emission of an ozone depleting substance in a manner that harms or is likely to harm the environment. • Defence against these offence is accepted if the commission of the offence was due to causes over which the person had no control, and that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence. • Tier one offences attract a maximum penalty of $5 000 000 for a corporation and $1 000 000 and/or 7 years imprisonment for an individual. — Tier two, less serious offences, include: • Breach of conditions of the EPL; • Polluting, causing or permitting waters to be polluted (unless licenced to do so); • Polluting air, including odour (unless licenced to do so); • Polluting land (unless licenced to do so); • Transporting waste to a place that cannot be used as a waste facility for that waste; • Permitting land that cannot be used as a waste facility to be used as a waste facility; • Failure to notify the EPA as soon as practicable following a pollution incident causing or threatening material harm to the environment; • Failing to comply with an environmental protection notice; • Failing to maintain or operation pollution control equipment in a proper and efficient manner; • Tier two offences attract a maximum penalty of $1 000 000 for corporations, or $250 000 for an individual with further penalties to apply for each day the offence continues. Courts have the power to order offenders to prevent and restore harm to the environment, recover costs and award compensation, confiscate profits, force restoration and/or enhancement projects and force publication of the offence and its consequences. • Tier three, least serious offences, are considered minor tier two offences and may be dealt with by way of a penalty notice, or on-the-spot fine, of up to $1 500. For pollution incidents causing or threatening material harm to the environment, the EPA must be notified. A pollution incident includes a leak, spill or escape of a substance, or circumstances in which it is likely to occur. Material harm (s147 of the Act) involves: • Actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial; • It results in actual or potential loss or property damage exceeding $10 000, including the costs and expenses that would be incurred in taking all reasonable and practical measures to prevent, mitigate or make good the harm to the environment. The following people have a duty to notify a pollution incident: • The person carrying out the activity; • An employee or agent carrying out the activity; • An employer carrying on the activity; • The occupier of the premises where the incident occurs. Notification must be given as soon as practicable after the person becomes aware of the incident. The maximum penalty for failing to report an incident is $1 000 000 for a corporation and $250 000 for an individual. If you believe there is a pollution incident causing or threatening material harm to the environment, contact your supervisor and Caltex’s Environmental Protection Officer without delay. The EPA has broad powers under the Act to issues environment protection notices ordering clean-up action, preventative action or the cessation of an activity. Compliance with these orders can be costly. Authorised officers and enforcement offices have specified powers under the Act, including requiring records, powers of entry and search, and powers to question and identify persons. The Act allows any person to commence civil proceedings in the Land and Environment Court to remedy or restrain any breach or threatened breach of the Act. For further information, see standard for Overview of NSW Pollution Control Law for Caltex’s Kurnell Refineries. The holder of an environment protection licence with conditions requiring monitoring with respect to: - the operation or maintenance of premise or plant; and -discharges from premises -relevant ambient conditions prevailing on or outside the premises; and - anything required by the conditions of the licence must, within 14 days of obtaining that monitoring data, publish it on its website (if it maintains a website that relates to the business or activity subject of the licence) or if it does not maintain a website, provide a copy to any person who requests a copy of the data at no charge. Applies to petroleum products and fuel production, meaning the production of petroleum products (including aviation fuel, petrol, kerosene, mineral turpentine, fuel oils, lubricants, wax, bitumen, liquefied gas and the precursors to petrochemicals, such as acetylene, ethylene, toluene and xylene) by any means including by refining, fermentation, esterification or blending. Does not apply to the activity of blending a fuel with ethanol or biodiesel if that activity is carried on at a petroleum fuel storage terminal, and the occupier of those premises is, at the time that activity is carried on, the holder of an Environment Protection Licence that authorises the activity of petroleum products storage (within the meaning of Clause 9 of Schedule 1 of the POEO Act). The activity is declared to be a scheduled activity if there is capacity to produce more than 100 tonnes of petroleum products per year.
38
Local Government Act 1993
of AS 2243.10. Where there is conflict between the requirements of this Standard and
39
Protection of the Environment Operations (General) Regulation 1998
those of AS 2243.10, this Standard shall take precedence.
40
Protection of the Environment Operations (Penalty Notices) Regulation This Regulation has been repealed and provisions relating to Penalty Notices have been incorporated into the Protection of the Environment (General) Regulation 1998.
41
Energy and Utilities Administration Act 1987
The Energy and Utilities Administration Act relates to the legal use of energy and water. Objectives outlined in this Act refer to both of these utilities separately. With regards to energy, this Act aims to: • manage the use of energy successfully; • provide an authoritative source of advice on energy matters; and • promote safe and cost-effective energy use. With regards to water, this Act aims to: • reduce the demand for water; • increase water saving awareness and acceptance; and • encourage the development and implementation of water saving technology. This Act designates the Caltex Kurnell refinery as a designated water user and as a designated energy user. Therefore, Caltex is required to conform to legislative requirements outlined in this Act. Caltex should ensure that energy management and water saving plans are developed and implemented. Failure to conform with this Act may result in fines of up to $5500.
42
Water Savings Order 2005
This Order designates the Caltex Kurnell Refinery as a designated water user in the Sydney Water Corporation area of operations. As such, Caltex was required to prepare a draft water saving action plan in accordance with the Energy and Utilities Act 1987.
43
Energy Savings Order 2005
44
Heritage Act 1977
This Order designates the Caltex Kurnell Refinery as a designated energy user . As such, Caltex was required to prepare a draft energy saving action plan in accordance with the Energy and Utilities Act 1987. The Act covers the management framework and requirements relating to non-Aboriginal heritage in NSW. Relevantly to Caltex, a person who is aware or believes that he or she has discovered or located a relic (in any circumstances, and whether or not the person has been issued with a permit) must: (a) within a reasonable time after he or she first becomes aware or believes that he or she has discovered or located that relic, notify the Heritage Council of the location of the relic, unless he or she believes on reasonable grounds that the Heritage Council is aware of the location of the relic, and (b) within the period required by the Heritage Council, furnish the Heritage Council with such information concerning the relic as the Heritage Council may reasonably require. Maximum penalties for offences under the Act are $1 100 000 and/or 6 months imprisonment. The Act provides for the protection and care of native fauna and flora, and Aboriginal places and objects throughout NSW. In addition to the requirements outlined under the Threatened Species Conservation Act, the National Parks and Wildlife Act requires that the discovery of Aboriginal sites or artefacts to be reported to the EPA within a reasonable time of the site or artefact being discovered. It is an offence under the Act to harm or desecrate Aboriginal objects, punishable by $1 100 000 maximum fines for corporations and $550 000 maximum fines and/or up to 1 year imprisonment for individuals. Further penalties apply for the delay of notification of the EPA upon the discovery of Aboriginal sites or objects. A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a ship or a place on land from an apparatus on a ship or land in connection with a transfer operation Must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a purpose built pipeline in, or in connection with, a transfer operation. Persons are guilty of an offence if any prescribed marine pollutant is discharged from a purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being used. Persons are liable if oil or a noxious liquid substance is discharged into waters from a pipeline used in, or in connection with, a transfer operation, whether or not it is being it is being used.
Cultural Heritage 45
National Parks and Wildlife Act 1974 Marine Pollution Act 2012
Water NSW Regulation 2013
47
Sydney Water Act 1994 and Regulation 2006
48
Water Management Act 2000 and Regulation 2004
49
Dangerous Goods (Road and Rail Transport) Act 2008
50
Dangerous Goods Management
Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998
A person must not dam, divert or take any water that: (a) is water from which Water NSW draws its supply or that is available for supply by Water NSW, and (b) is located on land in a special area or a controlled area. Waste must not be brought onto or left in a special area or controlled area. Water on land in a special area or a controlled area must not be polluted. The owner or occupier of land in a special area or a controlled area must not erect, install or operate any on-site sewage management facility on the land unless the person does so in accordance with a development consent granted under the Environmental Planning and Assessment Act 1979, or an approval granted under the Local Government Act 1993, or an environment protection licence granted under the Protection of the Environment Operations Act 1997. This Act and Regulation exist to regulate the activities of the Sydney Water Corporation. The Caltex Kurnell Refinery operates under the jurisdiction of this corporation, and may be required to conform to directions and orders from the corporation. The Act seeks to promote sound environmental practices of water management, while at the same time maintaining the economic stability of the corporation. Further, the Act aims to preserve social welfare of the general public. The Caltex Kurnell Refinery should ensure that all usage of water on the site is in compliance with requirements of the Sydney Water Corporation. This Act and Regulation control the extraction of water, how water can be used, the construction of works such as dams and weirs, and the carrying out of activities on or near water sources in NSW. This Act regulates the transport of dangerous goods across land, either by road or rail. This regulation is intended to promote public safety, and to protect public property and the environment. In this Act, ‘dangerous good’ are defined as a substance prescribed in the regulations, or listed by the Environmental Protection Authority or the Workcover Authority. When conducting activities that require the transport of dangerous good over land, the Caltex Kurnell Refinery should ensure that conformance with this Act is achieved. If a body corporate found is guilty of failing to transport dangerous goods in a safe way (as outlined in this Act), they may be fined up to $275,000. This Regulation has been repealed.
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Dangerous Goods Commonwealth Legislation Management
Document
51
Occupational Health and Safety Act 2000 (with respect to Dangerous Goods)
52
Environmentally Hazardous Chemicals Act 1985 and Regulation 1999
53
Radiation Control Act 1990 and Regulation 1993
54
Pesticides Act 1999 Chemicals Management
55
Pesticides Regulation 1995
56
Chemical Control Order in Relation to Dioxin-Contaminated Waste Materials 1986
57
Organotin Waste Materials Chemical Control Order 1989
58
Polychlorinated Biphenyl (PCB) Chemical Control Order 1997
59
Scheduled Chemical Wastes Chemical Control Order 2004
60
State Environmental Planning Policy 33 – Hazardous and Offensive Development
61
Ozone Protection Act 1989
62
Air Quality Management
Protection of the Environment Operations (Control of Burning) Regulation 2000
63
64
Protection of the Environment Operations (Clean Air) Regulation 2002
Contaminated Site Management
Contaminated Land Management Act 1997 and Regulation 1998
Description of Documentation The Occupational Health and Safety Act (OH&S Act) is designed to promote the health, safety and welfare of people at work. Further objectives of this Act include (but are not limited to): • providing for consultation and co-operation between employers and employees to provide a safe working environment; • minimising risk to health and safety at a workplace; and • managing the impacts of particular classes of substances. Of particular relevance to the Caltex Kurnell Refinery is ‘Section 135A Dangerous Goods – extension of Act’ which extends the regulation of dangerous goods. Caltex should ensure that the conformity with the Act is achieved when managing dangerous goods. For further information, see Standard for Overview of NSW Pollution Control Law for Caltex’s Kurnell Refineries (STD 5.03.04.002). The Chemicals Act and Regulation regulate the use and disposal of hazardous chemicals, and is administered by the EPA. The Act applies in respect of chemicals, a broadly defined term. Relevant to Caltex, the Act covers: • The authority of the EPA to declare substances ‘chemical wastes’; • The authority of the EPA to make Chemical Control Orders (CCOs) for assessed or declared chemicals. A CCO may regulate activities such as the manufacture, processing, conveying, buying, selling or disposal of that chemical. • The authority of the EPA to grant, refuse, vary, revoke and suspend licences in respect of prescribed activities; • Appeal rights to the Land and Environment Court in respect of licences; • The authority of the EPA to require information, search premises and seize and dispose of property. The following chemicals have been declared chemical wastes: aluminium smelter wastes containing fluoride and/or cyanide; asbestos wastes; polychlorinated biphenyl (PCB) wastes; pesticide wastes including used pesticide containers; copper/chrome/arsenic (CCA) wastes; lead sludges from petroleum storage tanks; arsenical wastes; chromium/zinc sludges; organochlorine pesticide wastes; gasworks wastes; organotin wastes; hexachlorobenzene wastes; scheduled chemical wastes; scheduled chemical wastes. CCOs made so far are dioxin-contaminated waste materials; aluminium smelter wastes containing fluoride and/or cyanide; organotin wastes; polychlorinated biphenyl (PCB) wastes; scheduled chemical wastes. It is an offence under the Act for any person to carry on a prescribed activity in relation to a chemical or declared waste in contravention of a CCO. The maximum penalty is $137 500 for a corporation and $66 000 for an individual. The EPA may grant a licence to carry out an activity prohibited by a CCO. Contravention of such a licence carries the same maximum penalties as above. The Act extends liabilities to directors and managers, unless they establish the offence occurred without their knowledge, that they were not in a position to influence the conduct of the corporation in relation to the offence, or that they used all due diligence to prevent the corporation from contravening the Act. For further information, see standard for Overview of NSW Pollution Control Law for Caltex’s Kurnell Refineries. This Act and Regulation provide for the regulation and control of radioactive substances, radioactive sources and radiation apparatus. Relevant to Caltex is that sealed source radiation devices must be registered under the Act and any licence conditions complied with. The owner of sealed source radiation devices is also to ensure that operators are appropriately licenced. Maximum penalties for these offences are $165 000 for corporations and $27 500 and/or up to 2 years imprisonment for individuals. Radiation safety, monitoring requirements and further information is contained in the Radiation Control Regulation 2003. The Pesticides Act 1999 controls the use of pesticides in New South Wales. The Act aims to reduce the risks associated with the use of pesticides to human health, the environment, property, industry and trade. It is an offence to use a pesticide in a way that causes: • injury or likely injury to another person • damage or likely damage to another person's property, or • harm to a non-target plant or animal. The maximum penalties for these offences are $60,000 for an individual and $120,000 for a corporation. Further penalties apply for wilful or negligent misuse, or when misuse results in harm to threatened, protected or endangered species. Maximum penalties for under the entire Act are $120 000 for an individual and $250 000 for a corporation. In NSW it is illegal to disregard the label instructions on a registered pesticide. You must read the label or have it read to you before using any pesticide. The Act requires that a person must not keep a pesticide in a container that does not bear its approved label, without reasonable excuse. The EPA has a variety of other enforcement mechanisms at its disposal, including clean-up notices, prevention notices and orders relating to which pesticides may be applied. The Pesticides Regulation 2009 identifies the record keeping requirements that apply to all commercial users of pesticides, including farmers, noxious weed authorities, council sprayers and anyone else using pesticides as part of their business. The Regulation also places training requirements on people who use pesticides in their business or as part of their job. This Regulation has been repealed. This CCO specifically relates to only one member of this family; 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD), internationally classified as a known human carcinogen. The CCO prohibits the disposal of these wastes and requires a licence from the EPA for processing, storing, selling, distributing or conveying them. The CCO also sets out additional requirements that may be imposed by a licence (for example, environmental monitoring, remediating any contamination on-site and processing of these wastes). It is an offence under the Act for any person to carry on a prescribed activity in relation to a chemical or declared waste in contravention of a CCO. The maximum penalty is $137 500 for a corporation and $66 000 for an individual. This CCO relates to activities that involve organotin waste. This document defines organotin waste as material that contains tributyltin or other organotin compounds that is used as an antifouling agent in marine paints. This includes (but is not limited to): • paint waste; • unwanted used paint applicators; and • unwanted containers of antifouling paint. This document outlines activities involving organotin waste that are prohibited. For example: • the manufacturing or keeping or organotin waste generated by operations on a vessel with a length exceeding 25 metres; and • the disposing of organotin waste using methods other than described in the CCO. The Caltex Kurnell Refinery should ensure that any marine paints that are utilised on site are in compliance with this CCO. This CCO sets controls on activities including generation, processing, storing, conveying and disposing of PCB material or PCB wastes, depending upon the PCB concentration. Dilution of the PCB concentration is prohibited. The order also requires people or organisations storing PCBs to: 1. develop emergency management arrangements; 2. carry out a survey of potential PCB containing equipment; and 3. undertake a risk management program to ensure that PCBs are removed from equipment and/or processed to reduce PCB levels, within specified timeframes. Processing of PCBs in concentrations greater than 2mg/kg is likely to trigger an assessment by the EPA. Processing of PCBs below this concentration still requires written approval from the EPA. Processing transformer oil containing PCBs is considered to include any activity apart from gravity draining. Under no circumstances should oil containing PCBs above 2mg/kg be burned as waste oil unless the operator holds a valid POEO or EHC licence. It is an offence under the Act for any person to carry on a prescribed activity in relation to a chemical or declared waste in contravention of a CCO. The maximum penalty is $137 500 for a corporation and $66 000 for an individual. This CCO establishes requirements for the management and control of the wastes that contain scheduled chemicals at a combined concentration above one milligram per kilogram (mg/kg). The schedule lists 24 chemicals including a number of organochlorine pesticides which are no longer registered for use (e.g. DDT, dieldrin, heptachlor) as well as some industrial waste by-products (eg 1,2,4-trichlorobenzene). It covers certain activities such as generating, processing, storing, distributing, conveying and disposing of scheduled chemical wastes. It is an offence under the Act for any person to carry on a prescribed activity in relation to a chemical or declared waste in contravention of a CCO. The maximum penalty is $137 500 for a corporation and $66 000 for an individual. This Policy provides a framework for the management of hazardous and offensive developments. A ‘hazardous development’ is defined as a development that, after all safety precautions are undertaken, poses a significant risk to human or environmental health. An ‘offensive development’ is defined as a development that, after all safety precautions are undertaken, would emit a pollutant discharge that would have a significant impact on the locality. Objectives of this Policy include (but are not limited to): • ensuring that relevant information regarding hazardous and offensive development is available for assessment; and • ensure that risk mitigation is undertaken; and The Caltex Kurnell Refinery should ensure that compliance with this document is achieved when planning a development on site. This Act provides the EPA with broad powers to control or prohibit the production and use of: • substances that deplete stratospheric ozone when emitted into the atmosphere and • articles that contain or use those substances in their operation. Ozone depleting substances are: • Trichlorofluoromethane (CFC-11) • Dichlorodifluoromethane (CFC-12) D89• Trichlorotrifluoroethane (CFC-113) • Dichlorotetrafluoroethane (CFC-114) • (Mono)chloropentafluoroethane (CFC-115) • Bromochlorodifluoromethane (Halon-1211) • Bromotrifluoromethane (Halon-1301) • Dibromotetrafluoroethane (Halon-2402) The Regulation is the core legislative and regulatory instrument for air quality issues in NSW. It comprises regulatory measures for a number of issues: domestic solid fuel heaters, control of burning, motor vehicles and motor vehicle fuels, and emissions from industry. Relevantly for Caltex, the Regulation: — Identifies maximum emissions limits for oxides of nitrogen, smoke, solid particles, chlorine, dioxins, furans and heavy metals; — Sets operational requirements for afterburners, flares, vapour recovery units and other treatment plant; — Deals with the transport and storage of volatile organic liquids (including storage tanks, loading facilities and control equipment); and — Restricts the use of high sulphur liquid fuel. The Regulation also incorporates the control of burning. Burning of vegetation and domestic waste is prohibited in Sutherland Shire without approval. Offences relating to burning may incur penalties of $11 000 for corporations and $5 500 for individuals. This Regulation has been repealed. The Contaminated Land Act and Regulation are a comprehensive regime for managing contaminated land in New South Wales. It enables the EPA to declare land contaminated ‘where it has reason to believe that the land is contaminated and the contamination is significant enough to warrant regulation’. The Act proscribes three circumstances whereby contamination must be reported to the EPA: • The contaminant has entered or will foreseeably enter neighbouring land, the atmosphere, groundwater or surface water unless the concentration of the contaminant is below that specified in the regulations or guidelines; • The concentration of the contaminant in the soil is above that specified in a guideline for the current or approved use of land and a person has been, or foreseeably will be, exposed to the contaminant; • The contamination meets any other criteria which may be proscribed by the regulations. The ‘Guidelines of the Duty to Report Contamination under the Contaminated Land Management Act 1998’ contain the specified concentrations upon which the duty to report would be triggered. The duty to report applies to not only owners or contaminators who are aware of the matter but also to those who ought ‘reasonably to be aware of the contamination’ even if they were not in fact so aware. This applies based on a person’s abilities (experience, qualifications and training), whether they could have reasonably sought advice to make them aware of the contamination, and the circumstances of contamination. The duty to notify the EPA in written applies as soon as practicable after becoming aware of the contamination. The maximum penalty for failing to notify is $165 000 for corporations and $77 000 for individuals, with further penalties for each day the offence continues. The Act gives the EPA the following general duties: • To examine and respond to information it receives of actual or possible contamination of land; • To address and regulate any contamination it deems significant; • To respond to a person who has supplied information regarding contamination; and • To do anything within its authority that is reasonable to investigate and manage actual or possible contamination. The EPA may issue preliminary investigation orders, declare a site contaminated, and issues management/ongoing maintenance orders to give force to its duties. The EPA also has the power to recover costs and place restrictions and covenants on land titles. The Act extends liability to directors and managers, until such a point where they are considered not to have had influence over the conduct of the corporation in relation to the breach, or if to have used due diligence to prevent the contravention. The Act is also enforceable in civil as well as criminal proceedings by third parties. For further information, see standard for Overview of NSW Pollution Control Law for Caltex’s Kurnell Refineries.
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
65
66
67 68
69
70 71
Document
Noise Management
Protection of the Environment Operations (Noise Control) Regulation 2000 Protection of the Environment Operations (Waste) Regulation 2014
73
Waste Avoidance and Resource Recovery Act 2001 NSW
86
Australian Oil Refining Agreements Act 1954
87
State Environmental Planning Policy (State and Regional Development) 2011
NSW Regulatory Policies 74
Noise Management
75 Air Management 76
88
89
Description of Documentation
This Policy provides a Statewide planning approach to the remediation of contaminated land, and for the consideration of such remediation when the planning stage of a development is commenced. This Policy seeks to promote the remediation of contaminated land with minimal risk to human or environmental health. It aims to achieve this by: • specifying when consent is required to remediate contaminated land; • specifying considerations that are relevant to the rezoning of land ; State Environmental Planning Policy No. 55 – Remediation of • determining consent requirements for development applications containing the remediation of contaminated land; and Land • requiring remediation works to meet particular standards. The Caltex Kurnell Refinery should ensure that compliance with this document is achieved when planning a development on site. There is the possibility of contamination at all locations at the site. If remediation is not considered in planning, there may be a nonconformance with the legislation. This Policy was introduced after the Unhealthy Building Land Act 1990 was repealed. This Act was incorporated into the: • Environmental Assessment and Planning Act 1979; • Contaminated Land Management Act 1997; and Unhealthy Building Land Policy 2003 • Protection of the Environment Operations Act 1997. Ecological Protection The Policy outlines the transition between the repealed Act and the above three Acts. Caltex should use this policy to be directed to the appropriate section of the relevant Act to ensure compliance with legislation. and Management The Act and Regulation provide for the protection and care of native fauna and flora, and Aboriginal places and objects throughout NSW. In addition to the requirements outlined under the Threatened Species Conservation Act, the National Parks and Wildlife Act requires that the discovery of Aboriginal sites or artefacts to be reported to the EPA within a reasonable time of the site or artefact being National Parks and Wildlife Act 1974 and Regulation 2002 discovered. It is an offence under the Act to harm or desecrate Aboriginal objects, punishable by $1 100 000 maximum fines for corporations and $550 000 maximum fines and/or up to 1 year imprisonment for individuals. Further penalties apply for the delay of notification of the EPA upon the discovery of Aboriginal sites or objects. Sutherland Shire is Excluded from this Act (as are most urban areas of Sydney). Native Vegetation Act 2003 The Act and Regulation provide for the conservation of threatened species, populations and ecological communities of animals and plants (although the Act does not generally apply to fish). It sets out a framework regarding the conservation of biological diversity and the promotion of ecologically sustainable development. The Act implements offences relating to harming or picking listed threatened species, populations and ecological communities, buying selling or possessing threatened species or populations and damaging critical and other habitat. Such offences are punishable by Threatened Species Conservation Act 1995 and Regulation 2002 $11 000 fines and/or up to 6 months imprisonment for individuals. Larger offences relating to contravening EPA issued stop-work orders and remediation orders incur maximum penalties of $110 000 for corporations and $11 000 for individuals, with further penalties for each day the offence continues. The EPA has the authority to issue approval for activities that would otherwise constitute an offence under the Act. Has been repealed and incorporated into the Water Management Act 2000 Rivers and Foreshores Protection Act 1948 This Regulation has been repealed. Waste of types listed in Schedule 1 must not be consigned for transport and disposal unless a consignment authorisation has been obtained. A completed Waste Transport Certificate (WTC) must be provided to the waste transporter. Consignment authorisations and WTC must be retained for at least 4 years. If non-hazardous, solid waste is transported interstate for disposal from the metropolitan levy area, the information in Reg 68 must be provided to EPA. Waste must not transported to an interstate waste facility unless the facility can lawfully receive waste of the type concerned. If waste tyres are consigned for disposal, the information in Part 6 of the POEO (Waste) Regulsation 2014 must be provided to EPA. If waste is stored on premises (whether or not the waste was generated on the premises) it must be stored in an environmentally safe manner. Packaging materials must be recovered and reused or recycled where practicable in accordance with any applicable recovery targets under either the Regulations or the Australian Packaging Covenant. A waste action plan must be prepared and the records required by Reg 89 retained for at least 5 years. If asbestos waste is consigned for disposal, the information in Part 7 of the POEO (Waste) Regulsation 2014 must be provided to EPA. Asbestos waste must only be disposed of at a landfill site that can lawfully receive the waste. Occupiers of waste facilities receiving asbestos waste must report the delivery to the EPA within 3 days. Occupiers of waste facilities receiving waste tyres must report the delivery to the EPA within 3 days.
The Act sets up a legal regime concerning the minimisation, recycling and reuse of waste in NSW. Instruments called ‘extended producer responsibility schemes’ can be created to put industry waste reduction responsibilities on producers. Producers who already have adequate waste initiatives would not be subject to an extended producer responsibility scheme. Any regulations made under the Act may create offences with maximum penalties of $44 000 for corporations and $22 000 for individuals. As of July 2011, no regulations have been made under the Act. For further information, see standard for Overview of NSW Pollution Control Law for Caltex’s Kurnell Refineries. This Act ratifies the agreement between Australian Oil Refining Limited (the Company) and the government with respect to the sale of lands at Kurnell to the Company to the granting to the Company of the right to obtain leases of and licences over certain adjacent lands. The Act also places restrictions on the sale and lease of lands covered by the agreement (Schedule 1 of the Act). Act covers theare Australian Oil Refinery (now CRN) and the Australian Lubrication Oil Refinery (now CLOR). The aims of thisboth Policy as follows: (a) to identify development that is State significant development, (b) to identify development that is State significant infrastructure and critical State significant infrastructure, (c) to confer functions on joint regional planning panels to determine development applications. A development may be ‘State Significant Infrastructure’ or ‘Critical State Significant Infrastructure’ if it is it permissible without development consent (refer to State Environmental Planning Policy (Major Development) 2005 (ref 35)) and it is specified in the schedules of the Policy. The Caltex Kurnell refinery is not specified in the schedules of this Policy. Caltex should consult this Policy when considering the conversion of the refinery to a terminal.
The NSW Industrial Noise Policy sets out the framework for assessment, determination and licencing regarding industrial noise. The policy outlines a number of noise mitigation measures, including Best Management Practice and Best Available Technology Economically Achievable. The noise emission limits for Caltex are identified under section L6 of the EPL. This is a technical overview of the assessment and management of activities that omit odour. It also presents guidance on mitigation techniques. It outlines: • the legislation that applies to odour assessment and management in New South Wales; Assessment and Management of Odour from Stationary Sources • a fair and transparent process for assessment of new developments; and in NSW 2006 • a system to maintain environmental and human health. When Caltex Kurnell Refinery emits odours from activities undertaken on site, this document should be referred to so as to determine any non-compliance with legislative requirements. This document can also be used as a tool in the management process. This document lists the statutory methods for modelling and assessing emissions of air pollutants from stationary sources in NSW. It is referred to in the Protection of the Environment Operations (Clean Air) Regulations 2002. This document provides information regarding the: • preparation of emissions inventory and meteorological data; Approved Methods for Modelling and Assessment of Air Pollutants • modelling methods for dispersion and chemical transformation; and in NSW • procedures for developing site specific limits to emissions. The Caltex Kurnell Refinery should refer to this document when managing activities that release air pollutant emissions from a stationary source. Caltex is obligates to ensure compliance with the requirements specified in the Regulations. Referral to this document will help to achieve such compliance. The aim of this guide is to help proponents determine whether they need to apply for a licence under the Protection of the Environment Operations Act 1997 (ref 37). This document provides information on how and where to apply for a licence, how much a licence costs, what a proponent needs to do if they already have a licence, and what a proponent may need to do even if they don’t need a licence. The document is in two parts: Part A and Part B. Part A is a general guide to licensing and it refers to the appendices in Part B where appropriate. Relevantly for Caltex (and specified in other documentation such as the EPL and the POEO Act), licence holders must: Guide to Licensing Under the Protection of the Environment Operations • Comply with the licence conditions; • Prepare Pollution Reduction Plans (PRPs) if required; Act 1997 Parts A and B 2009 • Monitor assessable pollutants at the start of the licence-fee period in accordance with the load-calculation protocol • Lodge an Annual Return; • Renew the licence every 5 years; and Apply for a variation should the type or scale of activity changes. This Guideline was prepared to assist government agencies, contractors, developers and other stakeholders prepare effective environmental management plans EMPs. The guideline provides information about the nature, scope and need to an EMP and sets out the process for developing, implementing and reviewing an EMP. The guidelines provide details on: • When an EMP should be prepared; • Who should be consulted; Guideline for the Preparation of Environmental Management Plans • Who should prepare, certify and approve and EMP; and 2004 • The form of an EMP. The guidelines also identify key success factors by which an EMP can be assessed and outlines the role of the Department of Planning and Infrastructure, including: • Approval of EMPs when specified in the Conditions of Approval; and • Appointment of independent Environmental Management Representatives (EMRs). Caltex should refer to this guideline when updating their EMP or developing CEMPs for construction activities.
NSW Industrial Noise Policy
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
90
91
92
93
94
95
96
97
98
99
100
Document
Description of Documentation
This Fact Sheet assists: 1. persons intending to carry out development on land near Crown land where that development must address requirements relating to protection from bush fires; and 2. authorities considering applications for such development under the Environmental Planning and Assessment Act 1979. Bushfire Management for Proposed Development Adjoining Crown It establishes matters of interest to the NSW Land and Property Management Authority (LPMA) in its responsibility to manage Crown land in accordance with the Crown Lands Act 1989. Land 2010 In summary, development should be designed and sited with appropriate set backs and fire breaks so that there is no impact on any Crown land. This includes protection measures (e.g. asset protection zones, perimeter trails) required by Planning for Bush Fire Protection 2006 (NSW Rural Fire Service), and any other requirement. Caltex should refer to this document when considering future development applications. The guidelines have been prepared for use by councils and other planning authorities when they assess development applications that may impact on land and water bodies managed by the Department of the Environment, Climate Change and Water (DECCW). Land and water bodies managed by DECCW include land acquired, reserved or dedicated under the National Parks and Wildlife Act 1974 and marine and estuarine protected areas. The goal of the guidelines is to guide consent and planning authorities when assessing development applications that adjoin land managed by DECCW, and would therefore be relevant should Caltex seek further development applications for their activities. Councils and other consent authorities need to consider the following issues when assessing proposals adjoining DECCW land and, in particular, their impacts: • erosion and sediment control; Guidelines for developments adjoining land and water managed by the • stormwater runoff; • wastewater; Department of Environment, Climate Change and Water 2010 • management implications relating to pests, weeds and edge effects; • fire and the location of asset protection zones; • boundary encroachments and access through DECCW land; • visual, odour, noise, vibration, air quality and amenity impacts; • threats to ecological connectivity and groundwater dependent ecosystems; and • cultural heritage. The purpose of this plan is to provide an educational document for use by Council’s assessment and compliance staff, applicants and the general community. The plan: • describes what environmental site management is and why it is needed; Sutherland Shire Environmental Site Management Development • assists Council staff in determining if Development Applications have considered all relevant aspects of environmental site management; Control Plan • is a guide for applicants on how to prepare, achieve and maintain effective environmental site management; and, • is used as a benchmark when judging the outcomes of assessment and construction phases of the project. Caltex should consult the plan when preparing future development applications. This specification is a guideline intended to assist personnel working on development sites to achieve the objectives and controls for Environmental Site Management. This specification covers the basics of environmental site management techniques for demolition and excavation, erosion and sediment control, and site management. Where warranted, the following environmental site management techniques may be employed on Sutherland Shire Environmental Specification 2007 a site. This specification is intended to provide additional supporting information for applicants on some proven methods which may be utilised to achieve the objectives and controls specified in the Sutherland Shire Development Control Plan 2006.
Sutherland Shire Council DA Guide 2008
This guide provides information on the assessment process under Part 4 of the Environmental Planning and Assessment Act 1979 and specifies the considerations Sutherland Shire Council uses to assess development applications. Caltex should consult the plan when preparing future development applications.
The Acid Sulfate Soil Manual provides a detailed framework for the management of Acid Sulfate Soils in NSW. The manual includes information on: • Planning; • Assessment; • Management; • Laboratory Methods; Acid Sulfate Soil Manual 1998 • Drainage and Waterways; • Groundwater; • Management Plans; and • Industry. Caltex should consult these guidelines when considering and undertaking works in areas identified as having potential Acid Sulfate Soils. A number of Hazardous Industry Planning Advisory Papers (HIPAPS) and other guidelines have been published progressively by the Department to assist stakeholders in implementing the process. All of the existing HIPAPs have now been revised and several have been completely rewritten. HIPAPs 10-12 are additions to the original series. This document outlines the purpose and scope of the current guidelines. Guidelines include: • Applying SEPP 33 • HIPAP No. 1 - Industry Emergency Planning Guidelines • HIPAP No. 2 - Fire Safety Study Guidelines • HIPAP No. 3 - Risk Assessment Hazardous Industry Planning and Assessment Guidelines Guideline • HIPAP No. 4 - Risk Criteria for Land Use Planning Summary 2011 • HIPAP No. 5 - Hazard Audit Guidelines • HIPAP No. 6 - Guidelines for Hazard Analysis • HIPAP No. 7 - Construction Safety Studies • HIPAP No. 8 - HAZOP Guidelines • HIPAP No. 9 - Safety Management System Guidelines • HIPAP No. 10 - Land Use Safety Planning\ • HIPAP No. 11 - Route Selection • HIPAP No. 12 - Hazards-Related Conditions of Consent The purpose of these guidelines are to: • outline what community and stakeholder consultation is expected from proponents prior to, during and after the assessment of their concept or project application • assist proponents to meet any community consultation requirements issued by the Director-General of the Department of Planning Guidelines for Major Project Community Consultation • clarify what is adequate and appropriate” consultation • explain the Department’s role in consultation. Caltex should consult these guidelines when developing future development applications. This guideline lists the sampling and analysis methods to be used when complying with a requirement by, or under, the environment protection legislation, or a licence or notice under that legislation, to test for the presence or concentration of matter in water and the volume, depth and flow of water or wastewater. The guideline specifies that the following process should be followed in determining the sampling and analysis methods to be used: 1. Use the specified method(s) on the relevant environment protection licence. 2. If no method is specified on a licence, use the method(s) specified in the guideline 3. If no method is specified in this document, or if the licensee wishes to use another method for sampling or analysis that is not included in the guideline, you must seek approval from the EPA before you commence sampling or analysis using that method. In exceptional circumstances, the EPA may approve the use of alternative methods. Approval to use alternative methods must be sought in writing from the EPA. In the first instance, licensees should contact the EPA regional office that issues the licence. Approved Methods for the Sampling and Analysis of Water Pollutants in Where there is a choice of more than one approved method for an analyte, unless stated otherwise by the relevant environment protection licence, a licensee may use any of the approved methods given for that analyte, provided that the method can achieve the reporting limits required for compliance with the licence. If there are no methods that will achieve the reporting limits required, licensees should contact the EPA. Once a licensee has selected an approved method, however, that licensee must not then change to New South Wales 2004 another method for the same analyte without seeking permission in writing from the EPA. A sample should be collected so that it is representative of the condition being investigated, and in a manner consistent with the collection, handling and preservation principles enunciated in Standards Association of Australia (1998) AS/NZS 5667.1:1998 (ref 29), and APHA (1998) section 1060.If there is any inconsistency between these references, Standards Association of Australia (1998) prevails. In the Caltex Environment Protection Licence: • Monitoring points are identified in Section P1.1; • Concentration limits are identified in Section L3.5; and Methods are identified in M2.3. This guideline relates to the design of stormwater outlets and spillways from infrastructure (including roads, buildings, constructed basins/wetlands, swales or other drainage works) into a watercourse or waterfront land. The design and construction of stormwater outlets should aim to be ‘natural’, yet provide a stable transition from a constructed drainage system to a natural flow regime. The design and construction footprint and extent of disturbances within the riparian corridor should be minimised while still achieving the intended discharge function. Guidelines for controlled activities: Outlet structures 2008 All ancillary drainage infrastructure, such as oil/grease interceptors, sediment & litter traps, constructed wetlands and detention basins, should be located outside the riparian corridor. Run-off should be of appropriate water quality and quantity before discharging into a riparian corridor or watercourse. Appropriate rehabilitation of disturbed areas following the installation of outlet structures should adequately restore the integrity of the riparian corridor. Caltex should refer to this document when it is in the process of designing or upgrading stormwater outlets and spillways.
Guidelines for the Assessment and Management of Groundwater Contamination 2007
These Guidelines for the assessment and management of groundwater contamination (the guidelines) outline a best-practice framework for assessing and managing contaminated groundwater in NSW. The guidelines contain information on assessing, managing, and remediating groundwater. Caltex should refer to these guidelines when undertaking groundwater monitoring.
LEGAL & OTHER REQUIREMENTS INDEX AND DESCRIPTION
Reference Commonwealth Legislation
101
102
103
104
105
106
107
108
109
110
111
Document
Description of Documentation
The technical notes provide further information on odour source categories and approved criteria for monitoring and assessment These include: • Ground level concentration criteria; Assessment and Management of Odours from Stationary Sources in • Odour assessment criteria; NSW – Technical Notes 2006 • Odour sampling and analysis. The technical notes also provide information about conduction Level 1, Level 2 and Level 3 odour assessments, and the development of an odour complaints management system. When Caltex Kurnell Refinery emits odours from activities undertaken on site, this document should be referred to so as to determine any non-compliance with legislative requirements. This document can also be used as a tool in the management process. This document lists the methods to be used for the sampling and analysis of air pollutants in New South Wales for statutory purposes. The document covers: • pollutant emissions from stationary sources • pollutant emissions from motor vehicles • components in and properties of petroleum products Approved Methods for Sampling and Analysis of Air Pollutants in NSW • pollutants in ambient air. Industry has an obligation to ensure compliance with limits specified in the Protection of the Environment Operations (Clean Air) Regulation 2002, Part 4 Emission of Air Impurities from Activities and Plant, and certain statutory instruments. All monitoring to show 2006 compliance must be done in one of three ways: • in accordance with the methods specified in this document • in accordance with the methods specified in the relevant statutory instrument if no method is specified in either this document or the statutory instrument, in a manner approved by the EPA in writing before any tests are conducted. Managing Land Contamination: Planning Guidelines assists planning and consent authorities to undertake their responsibilities under the Environmental Planning and Assessment Act 1979. The Guidelines deal with the early identification of contaminated sites, rezoning and development applications, the recording and use of information, and the provision of information to the community. The Guidelines include: • information to assist in the investigation of contamination possibilities Managing Land Contamination: Planning Guidelines SEPP55 – • a decision making process that responds to the information obtained from an investigation • information on how planning and development control can cover the issues of contamination and remediation Remediation of Land 1998 • a suggested policy approach for planning authorities • discussion of information management systems and notification and notation schemes, including the use of s. 149 planning certificate notations • approaches to prevent contamination and reduce the environmental impact from remediation activities. The Guidelines are primarily relevant to planning authorities, although given the past, current and future land uses at the Kurnell Refinery, they are still informative for Caltex. The NSW Environment Protection Authority (EPA) has prepared these guidelines for assessing and remediating service station sites in order to protect the environment and minimise the risk to public health from the future use of service station sites in NSW. Assessment of old service station sites should conform to the Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites (ANZECC/NHMRC 1992). An approach to site assessment includes the following: • Desktop study before field work; • Assessing the soil of a former service station site; • Assessing groundwater at a former service station site; • Assessing threshold concentrations; Guidelines for Assessing Service Station Sites 2003 • Chemical analysis; • Remediation; • Validation; and • Reporting. Caltex should consult these guidelines when undertaking contamination assessments of former service station sites. These guidelines provide detail on the NSW site auditor scheme for contaminated sites. Under the scheme, contaminated land consultants are engaged to undertake site assessments and undertake necessary remediation and validation. The performance of these Guidelines for the NSW Site Auditor Scheme 1998 consultants is assessed by accredited NSW auditors who independently review the assessment, remedial and validation actions to ensure they comply with current regulations and guidelines, and that the site has been managed to an appropriate standard. The guidelines provide assistance to applicants/proponents of a development or activity with interpreting and applying the factors of assessment. The aim of the guidelines is to help ensure that a consistent and systematic approach is taken when determining whether an action, development or activity is likely to significantly affect threatened species, populations or ecological communities, or their habitats either directly or indirectly. Threatened species assessment guidelines: The assessment of The guidelines clarify the specific terminology of the relevant legislation and provide clear interpretations of the factors of assessment. significance 2007 The assessment of significance is applied to species, populations and ecological communities listed on Schedules 1, 1A and 2 of the Threatened Species Conservation Act (ref 69) and Schedules 4, 4A and 5 of the Fisheries Management Act. Caltex should refer to this document when considering future development applications. The Guideline is specifically aimed at managing noise from construction works regulated by DECC, and will be used to assist DECC in setting statutory conditions in licences or other regulatory instruments. The types of construction regulated by DECC under the Protection of the Environment Operations Act 1997 (POEO Act) are: • construction, maintenance or renewal activities carried out by a public authority • non-scheduled activities for the purpose of regulating water pollution Interim Construction Noise Guideline 2009 • scheduled development work that will enable scheduled activities to be carried out • construction, maintenance or renewal related activities described in Schedule 1 of the POEO Act – DECC regulates these activities through an environment protection licence. Caltex should refer to this guideline when preparing future environmental assessments and undertaking approved construction works. This guide should be used by waste generators to classify the wastes they produce. Waste classification helps those involved in the management and treatment of waste for disposal to ensure the environmental and human health risks associated with it are managed appropriately and in accordance with the Protection of the Environment Operations Act 1997 (the POEO Act) and its associated regulations. Generators of waste may need to further classify their waste to meet waste tracking or dangerous goods storage and transport requirements. The guide explains the six basic steps for classifying your waste. These steps are briefly outlined below. A full explanation of each is provided later in the guide itself. Step 1: Establish if the waste should be classified as special waste. If the waste is special waste due to its contamination with asbestos (i.e. classified as asbestos waste), continue to classify the waste in accordance with the steps below. Step 2: If not special waste (other than asbestos waste), establish whether the waste should be classified as liquid waste. Step 3: If not special waste (other than asbestos waste) or liquid waste, establish whether the waste is of a type that has been ‘pre-classified’. To simplify the classification process, the Environment Protection Authority (EPA) has pre-classified a number of commonly generated wastes as either hazardous, restricted solid or general solid waste (putrescible) or general solid waste (non-putrescible). NSW Waste Classification Guidelines 2009 (Part 1: Classifying Waste) Step 4: If the waste is not special waste (other than asbestos waste), liquid waste or pre-classified, establish if it has certain hazardous characteristics and can therefore be classified as hazardous waste. Step 5: If the waste does not possess hazardous characteristics, it needs to be chemically assessed to determine whether it is hazardous, restricted solid or general solid waste (putrescible and non-putrescible). If the waste is not chemically assessed, you must manage the waste as if it were hazardous waste. Step 6: If the waste is chemically assessed as general solid waste, a further assessment is available to determine whether the waste is putrescible or non-putrescible. The assessment determines whether the waste is capable of significant biological transformation. If you do not wish to undertake this assessment, you must manage the waste as if it were general solid waste (putrescible). In using the guide to classify waste, it should be noted that: • the steps for waste classification must be applied in the order presented • once a waste’s class has been established under a particular step, do not go to the next step (unless the waste is asbestos waste). Caltex should consult these guidelines when classifying their waste streams. Waste classified as ‘hazardous’ in accordance with the Waste Guidelines because of the high levels of contaminant(s) it contains is not suitable for disposal to landfill in NSW. However, sometimes the contaminants are able to be ‘immobilised’ so that they will not be released into the landfill leachate at levels of concern. In these cases, DECC may grant an immobilisation approval. An immobilisation approval enables a waste to be reassessed and reclassified. Conformity with an immobilisation approval would enable a waste to be disposed of at a landfill appropriate to its reclassification. There are several ways to immobilise contaminants in waste: NSW Waste Classification Guidelines 2008 (Part 2: Immobilising Waste) • Natural immobilisation where the contaminant(s) are already present in an immobilised form and the waste is suitable for landfilling without additional treatment • Chemical fixation where the contaminant(s) are chemically converted to a stable form • Micro-encapsulation where the waste is treated to physically lock up the contaminant(s) in the structure of the treated waste • Macro-encapsulation where an enduring physical barrier is placed between the contaminated waste and the surrounding landfill environment. These guidelines are relevant to Caltex as immobilisation offers cost-saving benefits with regard to disposal of waste. Caltex should consult these guidelines when considering utilisation immobilisation as a management measure for waste streams and/or transfers. NSW Waste Classification Guidelines 2008 (Part 3: Waste Containing This guide assists waste generators in identifying the classification and management requirements for solid and liquid wastes containing radionuclides. Wastes containing any natural or artificial substance that emits ionising radiation spontaneously must be classified on the basis of both their radioactive and other characteristics, according to the step-by-step procedure outlined in the guidelines. Radioactive Material) This guideline applies to acid sulfate soils (ASS) which are unable to be managed on-site. In these cases, off-site disposal to landfill is often the most appropriate management option. Waste generators need to assess the status of ASS at their point of generation, using the techniques outlined in the Acid Sulfate Soil Manual. The manual also provides guidance for on-site management while this guideline details disposal requirements for ASS that NSW Waste Classification Guidelines 2008 (Part 4: Acid Sulfate Soils) need to be transported and managed off-site. This guideline is not relevant to Caltex’s activities as it pertains to off-site ASS management.
CALTEX – SUPPLY CHAIN OPERATIONS
SSP Description:
KURNELL TERMINAL OEMP
Appendix E Chevron Integrated Risk Prioritisation Matrix
Electronically Controlled Document. Refer to online document for current version. Prepared: Amanda Basten
Title: Caltex Kurnell Terminal Interim OEMP
Doc No: SD207187
Owner: Kurnell Terminal Ops Manager
OE Review Date: 3/04/2020
Page: 54 of 61
Version: 1.0
Chevron Integrated Risk Prioritization Matrix For the Assessment of HES & Asset Risks from Event or Activity Legend applies to identified HES risks (see guidance documents for additional explanations)
Likelihood Descriptions & Index
1, 2 , 3, 4 - Short-term, interim risk reduction required. Long term risk reduction plan must be developed and implemented.
(with confirmed safeguards)
Legend Likelihood Descriptions
5 - Additional long term risk reduction required. If no further action can be reasonably taken, SBU management approval must be sought to continue the activity. 6 - Risk is tolerable if reasonable safeguards / management systems are confirmed to be in place and consistent with relevant requirements of the Risk Mitigation Closure Guidelines.
Likelihood Indices
7, 8, 9, 10 - Manage risk. No further risk reduction required. Risk reduction at management / team discretion.
1
Likely
6
5
4
3
2
1
Conditions may allow the consequence to occur at the facility during its lifetime, or the event has occurred within the Business Unit
2
Occasional
7
6
5
4
3
2
Exceptional conditions may allow consequences to occur within the facility lifetime, or has occurred within the OPCO
3
Seldom
8
7
6
5
4
3
Reasonable to expect that the consequence will not occur at this facility. Has occurred several times in industry, but not in OPCO
4
Unlikely
9
8
7
6
5
4
Has occurred once or twice within industry
5
Remote
10
9
8
7
6
5
Rare or unheard of
6
Rare
10
10
9
8
7
6
Decreasing Likelihood
Consequence can reasonably be expected to occur in life of facility
Safety
Consequence Descriptions
(without safeguards)
Consequence Descriptions & Index
Consequence Indices
Health (Adverse effects resulting from chronic chemical or physical exposures or exposure to biological agents)
Environment
Decreasing Consequence/Impact 6
5
4
3
2
1
Incidental
Minor
Moderate
Major
Severe
Catastrophic
Workforce: Minor injury such as a first-aid. AND Public: No impact
Workforce: One or more injuries, not severe. OR Public: One or more minor injuries such as a first-aid.
Workforce: One or more severe injuries including permanently disabling injuries. OR Public: One or more injuries, not severe.
Workforce: (1-4) Fatalities OR Public: One or more severe injuries including permanently disabling injuries.
Workforce: Multiple fatalities (5-50) OR Public: multiple fatalities (1-10)
Workforce: Multiple fatalities (>50) OR Public: multiple fatalities (>10)
Workforce: Mild to Workforce: Serious illness Workforce (1-4): Serious Workforce (5-50): Serious Workforce (>50): Serious moderate illness or effect or severe adverse health illness or chronic exposure illness or chronic exposure illness or chronic exposure Workforce: Minor illness or with some treatment and/or resulting in fatality or effect requiring a high level resulting in fatality or resulting in fatality or functional impairment but is effect with limited or no significant life shortening of medical treatment or significant life shortening significant life shortening medically managable impacts on ability to effects management effects effects function and treatment is OR OR OR OR OR very limited or not Public: Illness or adverse Public (1-10): Serious Public (>10): Serious Public: Illness or adverse Public: Serious illness or necessary effect with limited or no illness or chronic exposure illness or chronic exposure effects with mild to severe adverse health AND impacts on ability to resulting in fatality or resulting in fatality or moderate functional effect requiring a high level Public: No impact function and medical significant life shortening significant life shortening impairment requring of medical treatment or treatment is limited or not effects. effects. medical treatment. management. necessary.
Impacts such as localized or short term effects on habitat, species or environmental media.
Impacts such as localized, Impacts such as significant, Impacts such as persistant Loss of a significant portion Impacts such as localized long term degradation of widespread and persistant reduction in ecosystem but irreversible habitat loss of a valued species or loss sensitive habitat or changes in habitat, species function on a landscape or widespread, long-term of effective ecosystem widespread, short-term or environmental media scale or significant effects on habitat, species function on a landscape impacts to habitat, species (e.g. widespread habitat disruption of a sensitive or environmental media scale. degradation) . species. or environmental media
6
5
4
3
2
1
Incidental
Minor
Moderate
Major
Severe
Catastrophic
Consequence Indices
Consequence Descriptions
(without safeguards)
Consequence Descriptions & Index
The above legend applies only to HES risks, where risk levels 1-6 are actionable and mandatory. For risks that may result in facility damage, business interruption, loss of product, the "Assets" category below should be used. Asset risk reduction is at the discretion of management. Under no circumstances may a direct or indirect translation of Asset loss to HES consequences, or between any discrete categories of HES consequences be inferred.
Assets (Facility Damage, Business Interruption, Loss of Product)
Minimal damage. Negligible Some asset loss, damage Serious asset loss, damage down time or asset loss. and/or downtime. Costs to facility and/or downtime. Costs < $100,000. $100,000 to $1 Million. Costs of $1-10Million.
Severe asset loss or Major asset loss, damage to damage to facility. Total destruction or facility and/or downtime. Significant downtime, with damage. Potential for Cost >$10 Million but appreciable economic permanent loss of $100MM but production. Costs >$1billion
