Port of Brisbane Soil Disposal Plan Part 2 Leaseholder Guide

Prepared for: Port of Brisbane Pty Ltd Brisbane Queensland

Prepared by: ENVIRON Australia Pty Ltd Date: November 2013 Project Number: AS121672

PBPL 29 November 2013

Port of Brisbane Soil Disposal Plan LEASEHOLDER GUIDE

Prepared by:

Authorised by:

Name:

Fiona Robinson

Name:

Neil Woodbridge

Title:

Manager

Title:

Manager

Phone:

02 4962 5444

Phone:

02 9954 8100

Email:

[email protected]

Email:

[email protected]

Signature: pp

Date:

29.11.13

Signature:

Date: 29.11.13

This document is issued to Port of Brisbane for the purposes of providing guidance for disposal of soil from Port of Brisbane properties. It should not be used for any other purpose. The report must not be reproduced in whole or in part except with the prior consent of ENVIRON Australia Pty Ltd and subject to inclusion of an acknowledgement of the source. No information as to the contents or subject matter of this document or any part thereof may be communicated in any manner to any third party without the prior consent of ENVIRON Australia Pty Ltd. Whilst reasonable attempts have been made to ensure that the contents of this report are accurate and complete at the time of writing, ENVIRON Australia Pty Ltd disclaims any responsibility for loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the contents of this report. © ENVIRON Australia Pty Ltd

VERSION CONTROL RECORD Document Name

Date

Version

Author

Reviewer

SDP_PoB_#308_P2_Mar 12

29 March 2012

Draft 1

Fiona Robinson

Neil Woodbridge

SDP_PBPL_#308_Apr12 Part 2

16 April 2012

Draft 2

Fiona Robinson

Neil Woodbridge

SDP_PBPL_#308_Apr12 Part 2

30 April 2012

Draft 3

Fiona Robinson

Neil Woodbridge

SDP_PBPL_#308_Jun12 Part 2

6 June 2012

Draft 4

Fiona Robinson

Neil Woodbridge

SDP_PBPL_#308_Jun12 Part 2

9 August 2012

Final

Neil Woodbridge

Victoria Sedwick

SDP_PBPL_#308_Part 2_Nov13_NEPM Revision_Draft

14 November 2013

Revision Draft 1

Fiona Robinson

Neil Woodbridge

SDP_PBPL_#672_ Part 2_ Nov13_F2 (NEPM Revision)

29 November 2013

Final 2

Fiona Robinson

AS121672

David Ford Neil Woodbridge

David Ford

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Port of Brisbane Soil Disposal Plan LEASEHOLDER GUIDE

Contents Page PART 2 – Soil Disposal Protocol, Leaseholder Guide

1

1 1.1 1.2

Introduction Background Objectives

1 1 1

2 2.1 2.1.1

Background Information Site Details and Setting Regulatory Background

2 2 2

3

When does the Soil Disposal Plan apply?

4

4

Responsibilities

5

5 5.1 5.2

Leaseholder Disposal Requirements Introduction What does this mean to the Leaseholder?

6 6 6

6 Soil Disposal Plan 7 6.1 STEP 1 - PBPL Notification 9 6.2 STEP 2 – Guide to assessing soils for movement off lease area 9 6.2.1 Appropriately Qualified Person 9 6.2.2 Soil Sampling 9 6.2.3 Analytes 10 6.2.4 Guidelines 11 6.2.5 Reporting 11 6.3 STEP 3 Approvals 12 6.3.1 Soil movement between lease areas on the same PBPL Lot 12 6.3.2 Soil movement off PBPL lands or between lease areas on different Lots from lease areas not listed on the EMR or CLR. 12 6.3.3 Soil movement off PBPL lands or between lease areas on different Lots from lease areas listed on the EMR or CLR. 13 6.4 STEP 4 Soil Movement Tracking and Final Reporting 13 7

Definitions and Explanatory Notes

15

8

References

16

9 9.1

Limitations User Reliance

17 17

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List of Tables Table 4.1 Table 6.1

Assignment of Responsibility Minimum samples for initial assessment of stockpiles

List of Figures Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6

Colmslie and Hamilton Pinkenba Bulwer Island Port West and Lytton Port Gate Fisherman Islands

List of Appendices Annex A Annex B Annex C Annex D Annex E

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Form A - Intent to Dispose of Soil Form – Port of Brisbane Disposal of Soil Record (Form B) – Port of Brisbane Schedule B9 of the National Environmental Protection (Assessment of Site Contamination) Measure 1999 amended 2013. Industrial Waste Resource Guidelines: Soil Sampling, Victorian EPA Selected tables from Schedule B1 of the National Environmental Protection (Assessment of Site Contamination) Measure 1999 amended 2013. EHP Soil Disposal Application Forms

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PART 2 – Soil Disposal Protocol, Leaseholder Guide 1

Introduction

1.1

Background

ENVIRON Australia Pty Ltd (ENVIRON) was engaged by Port of Brisbane Pty Ltd (PBPL) to prepare a Soil Disposal Plan to assist PBPL and its leaseholders with the disposal of soil generated through activities on PBPL land. The Soil Disposal Plan has been prepared in general accordance with contaminated land management guidelines published or endorsed by the Queensland Department of Environment and Heritage Protection (EHP).

1.2

Objectives

The objective of the Soil Disposal Plan is to provide a system for the disposal of soil that is protective of port assets, meets regulatory requirements and adopts best practice principles by: •

Describing a protocol to assess the suitability for disposal soils to remain on Port lands;

•

Describing a protocol to appropriately dispose of disposal soils from Port lands;

•

Describing a protocol to adequately track and document the movement of disposal soils within, between and from Port lands.

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2

Background Information

2.1

Site Details and Setting

Port of Brisbane Soil Disposal Plan LEASEHOLDER GUIDE

Port of Brisbane comprises Fisherman Islands, Port Gate, Port West, Lytton, Pinkenba, Bulwer Island and Colmslie Precincts. The majority of precincts are located adjacent to environmentally sensitive marine environments. Land use (as opposed to ‘wet areas’) at the port falls into two main categories: •

PBPL owned land comprises either vacant land awaiting development / redevelopment, or land used for PBPL related activities; or

•

Land leased to tenants (leaseholders) for industrial / commercial activities where the majority have undergone specific development for a lease holder’s own activities.

2.1.1 Regulatory Background Port of Brisbane was leased from the State Government under a 99 year lease in 2011 and is managed by Port of Brisbane Pty Ltd (PBPL). As such, PBPL is now not wholly responsible for port related planning decisions as it is not a government owned body. Historical arrangements with other Queensland Government entities have therefore been reviewed and protocols updated accordingly. Historically, some PBPL owned land has been subject to activities which may have caused contamination either from tenant industrial land use, waste disposal or the inclusion of port land on the EMR as a result of land reclamation activities using dredged material. PBPL maintains an environmental baseline database for all PBPL land. Some sites within the PBPL land parcel are listed on the Environmental Management Register (EMR) or the Contaminated Land Register (CLR). Historically, soil disposal between lots and lease areas has not been documented across Port lands. PBPL recognise that this practice could result in the spread of soils impacted by potentially contaminating activities. Under the Environmental Protection Act 1994 (EP Act), everyone in Queensland has a General Environmental Duty and is responsible for the actions they take that affect the environment. Before a person carries out an activity that is likely to cause environmental harm they must take all reasonable and practicable measures necessary to prevent or minimise the harm. For example, hazardous contaminants must not be indiscriminately or negligently released onto land. Further, Section 424 of the EP Act requires that a disposal permit be obtained from EHP before the removal of contaminated soil from land that is registered on the EMR or CLR. Disposal permits are issued for a specified volume of soil and stipulate the place of disposal/treatment and any conditions relating to soil removal, treatment and disposal. Application for a disposal permit must be made and approval obtained before the contaminated soil is removed from site.

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Where a site is not on the EMR or CLR but notification that the land has been or is being contaminated is required under Section 371 of the EP Act and such notification has not yet been made, information pertaining to the impending notification must be included with the disposal permit application. Sites are identified on the registers by Lot and Registered Plan numbers and can be an individual Lot or a number of Lots. A lease area may cover all of a PBPL Lot or only part of a larger PBPL Lot. If a PBPL Lot is on the EMR or CMR then all lease areas on that Lot are considered to be on the EMR or CMR. In addition to the regulatory requirements for soil movement, the tracking of soils on PBPL land that is not listed on the EMR or CLM is considered Best Practice.

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Port of Brisbane Soil Disposal Plan LEASEHOLDER GUIDE

When does the Soil Disposal Plan apply?

The Soil Disposal Plan applies to any soil proposed to be excavated within land owned by PBPL, irrespective of volume, contamination, leaseholder, location or purpose. Different categories of soil movement are managed through the plan as described in the following. 1)

Soil movement between lease areas within the same PBPL Lot (irrespective of EMR or CLR status) requires approval of PBPL. For soil movements between lease areas on different PBPL Lots, see Note below and refer to categories 2 and 3.

2)

Movement of soil off PBPL Land from lease areas listed on the EMR or CLR is regulated under the EP Act and requires approval from PBPL and EHP (Disposal Permit).

3)

Movement of soil off PBPL Land from lease areas not listed on the EMR or CLR requires approval from PBPL. If soils are identified to be contaminated the soil movement will be regulated under the EP Act and a Disposal Permit will also be required.

Note: Movement of soil from one PBPL Lot to another PBPL Lot is considered the same as moving soil off PBPL land and the same approval process applies. This plan does not apply to on-going placement of dredged material associated with port reclamation works specified under ERA 16. Sediments extracted from land owned by PBPL and not associated with port reclamation works specified under ERA 16 (for example, to maintain drainage channels) may be considered as soil for the purpose of the soil movement categories above, provided they have been adequately dewatered. The Soil Disposal Plan does not provide regulatory context for any development or activity that will result in the generation of excavated soil. In some instances planning requirements for a particular development or activity may be required in conjunction with the requirements of this plan. The Soil Disposal Plan applies prior to the commencement of soil excavation and should be consulted and followed as part of the planning process for the development or activity.

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Responsibilities

Table 4.1 outlines the responsibility and control of the Soil Disposal Plan. Table 4.1 Assignment of Responsibility Assignee

Responsibility

Timeframe

Records

PBPL

Liaison Personnel – PBPL is to identify a liaison person responsible for actions required by PBPL under this Soil Disposal Plan.

Prior to the implementation of the Plan

Record the details of the liaison person in this plan

Issue of the Soil Disposal Plan (Part 2) to the leaseholder following advice of a soil movement.

As required

Review and advice of the proposed assessment under the Soil Disposal Plan proposed by the leaseholder

As required

Retain notification records and PBPL advice

Data management of soil movement in accordance with this Plan.

As required

Development of a system for data management for each lease area.

Implement the Soil Disposal Plan for any works likely to result in soil excavation.

Project basis

Records as per the Plan.

Complete the reporting requirements of the Soil Disposal Plan and submit to the Port of Brisbane representative.

30 days following completion.

Reports as per the Plan.

Maintain a record of soil disposal activity from the site.

Period of the lease, or 7 years, whichever is the least.

Reports as required by this Soil Disposal Plan.

Leaseholder

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5

Leaseholder Disposal Requirements

5.1

Introduction

This document has been provided to you, the Leaseholder, to assist with the off-site disposal of excavated soil from your leasehold. The guidance provided is in accordance with the EHP Guideline for contaminated land professionals (October 2012) and Section 424 of the EP Act which requires that a permit be obtained from EHP before the removal of contaminated soil from land that is registered on the EMR or CLR as described in Section 2.1.1. In addition to the regulatory requirements for soil movement, PBPL also require tracking of soils on PBPL land that is not listed on the EMR or CLM. This requirement forms part of the PBPL site management procedures.

5.2

What does this mean to the Leaseholder?

All soils to be moved between or within Lots (including between leased areas) are required to be assessed. The process of assessment is outlined in Section 6.1. Soil movement between lease areas within the same Lot regardless of listing on the EMR or CLR. The leaseholder must obtain approval from PBPL prior to moving soil. Soil movement off PBPL lands or between leases on different Lots from lease areas listed on the EMR or CLR. The leaseholder must obtain from EHP a Disposal Permit and approval from PBPL, prior to the removal of contaminated soil from land that is recorded on the EMR or CLR. Disposal Permits are issued for a specified volume of soil and stipulate the place of disposal and any conditions relating to soil removal, treatment and disposal. Soil movement off PBPL lands or between leases on different Lots from lease areas not listed on the EMR or CLR. The leaseholder must obtain approval from PBPL prior to moving soil. Should the soil assessment conclude that the soils are contaminated, the soil movement will be regulated under the EP Act and requires a disposal permit as described for sites listed on the EMR or CLR below. Guidance provided in Part 5 of the EHP Guideline for contaminated land professionals (October 2012) states: Section 424 of the EP Act requires that a disposal permit must be obtained from the administering authority before removal of contaminated soil from land that is recorded on the EMR or CLR (either for off site treatment or disposal). Disposal permits are issued for a AS121672

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specified volume of soil and stipulate the place of disposal/treatment and any conditions relating to soil removal, treatment and disposal. Application for a disposal permit must be made and approval obtained before the contaminated soil is removed from site. In normal circumstances, when work is being conducted to remediate a site, a disposal permit is not considered until a site investigation report has been assessed. When a notifiable activity is ongoing, however, a site investigation report is not required.

6

Soil Disposal Plan

The following section provides a step by step guide for the assessment of soils for disposal and for obtaining the relevant approvals. The four step Soil Disposal Protocol is illustrated by the flowchart on page 6.

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Soil Disposal Protocol The protocol for the movement of soil between PBPL lease areas is shown in the following flowchart.

SOIL MOVEMENT BETWEEN LEASE AREAS ON THE SAME LOT

SOIL MOVEMENT OFF PBPL LAND OR BETWEEN LEASE AREAS ON DIFFERENT LOTS

STEP 1:- Notify the Port of Brisbane of your intent to move/dispose soil. See form in Annex A

STEP 1:- Notify the Port of Brisbane of your intent to move/dispose soil. See form in Annex A

STEP 2:- Undertake a soil assessment as described in Section 6. Assess concentrations against the appropriate (Industrial/Commercial) Health Investigation Levels AND Ecological Investigation Levels in Annex C. Are the concentrations suitable for commercial and industrial site use? YES

STEP 2:- Undertake a soil assessment as described in Section 6. Assess concentrations against the appropriate (Industrial/Commercial) Health Investigation Levels AND Ecological Investigation Levels in Annex C. Are the soils contaminated and/or is the lease area listed on the EMR or CLR?

NO

YES

STEP3: - Apply to PBPL to move soil between lease areas. APPROVED STEP 4:- Complete excavation in accordance with the Soil Tracking Protocol.

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NO

STEP3: - Apply for soil disposal permit to EHP. Apply to PBPL for approval.

DECLINED

DECLINED Engage an appropriately qualified person to review remedial and disposal options.

Engage an appropriately qualified person to review remedial and disposal options.

8

APPROVED

STEP3: - Apply to PBPL for approval to dispose off PBPL land. APPROVED

DECLINED

STEP 4:- Complete excavation in accordance with the Soil Tracking Protocol. ENVIRON

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6.1

Port of Brisbane Soil Disposal Plan LEASEHOLDER GUIDE

STEP 1 - PBPL Notification

Notify PBPL of the intent to dispose soils off lease area, using FORM A in Annex A. Form A requires a proposed sampling plan of soils to be disposed. Step 2 (Section 6.2 below) presents a sampling program guide that will be adequate for most sites. Variations to this program may occur for sites not listed on the EMR or CLR based on level of risk. For example, sites which have no known history of contamination may be considered lower risk than sites which have known contaminating activities. PBPL may in these circumstances require the leaseholder to modify the sampling program to address potential contamination. Depending on the complexity of potential contaminants PBPL may require that the sampling program be reviewed by an appropriately qualified person as defined in Section 6.2.1.

6.2

STEP 2 – Guide to assessing soils for movement off lease area

Contamination of soils to be disposed may have occurred from historical site activities, current site activities, infilling/landfilling and contamination from surrounding sites. The following information is provided to assist with undertaking an assessment for soils that are to be disposed off site. The guide to assessing soils through investigations is applicable to all PBPL leases, including those on the EMR / CLR and non-listed sites.

6.2.1 Appropriately Qualified Person For sites where an EHP Disposal Permit is sought, soil investigations are to be undertaken by an appropriately qualified person. Depending on site complexities for non-listed sites, PBPL may also request that investigations be undertaken by an appropriately qualified person. An appropriately qualified person is as defined in Section 4 of Schedule B9 of the National Environmental Protection (Assessment of Site Contamination) Measure 1999 as amended 2013 (NEPM). A copy of Schedule B9 is included in Annex B.

6.2.2 Soil Sampling The soil investigation must include the following: •

The collection and analysis of a suitable number of soil samples from the material to be disposed off site. Schedule B2 (Section 7.5) of the NEPM states ‘An in situ soil sampling program informed by site history, inspection and contaminant form is the preferred approach for site assessment. On occasions it is necessary to stockpile soils that have not been assessed or only partially assessed in situ, and to devise a thorough stockpile sampling plan.’ The NEPM provides guidance on sampling density of stockpiled soil as shown in the following table:

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Table 6.1 Minimum samples for initial assessment of stockpiles Stockpile 3 volume, (m )

No. of samples