Pro forma objection for EPA regarding odour

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EPA Victoria
200 Victoria Street
CARLTON VIC 3053
Dear Sir/Madam
We regularly experience offensive odours being emitted from the landfill site located at 11001152 Christies Road and 408-546 Hopkins Road, Ravenhall and operated by Boral
Recycling Pty Ltd (“Boral Recycling”).
Specifics of complaint
Specifics of the emission are as follows: [to be completed]
1. Time and date of odour:
2. Location of the odour:
3. Character and strength of the odour:
4. Identity and location of alleged source:
5. Length of time of the impact and frequency if it has occurred before:
6. The impact the odour is having on the reporter:
7. Wind direction and strength.
It is our understanding that among other things, Boral Recycling are required to comply with
the following:


Environment Protection Act (“Act”);
Best Practice Environmental Management (Siting, Design, Operation and
Rehabilitation of Landfills) (EPA Publication 788) (“BPEM”);

Licence under s20 of the Environment Protection Act 1970 (“Licence”);

SEPP (Air Quality Management) (“SEPP”); and

requirements under the Melton Planning Scheme.
We hereby formally lodge a complaint against Boral Recycling and state that the operations
are currently in breach of the relevant environmental regimes.
The Act
Under section 41 of the Act:
(1) A person shall not pollute the atmosphere so that the condition of the atmosphere
is so changed as to make or be reasonably expected to make the atmosphere—
(a) noxious or poisonous or offensive to the senses of human beings.
BPEM
Section 6.7 of the BPEM provides: Landfills can pose a risk to air quality through landfill gas,
odour, and dust. The objectives for air quality management at a landfill are:
20132312_043

no health, safety or environmental impacts due to landfill gas and dust

minimise greenhouse gas emissions

the prevention of offsite nuisance odours and dust

meet requirements of relevant SEPP and waste management policies.
At section 6.7.3, the BPEM states that “at all times, a landfill must be managed to prevent
offensive odours beyond the boundary of the premises. For existing landfills this will be
assessed by community complaints that are verified by EPA officers. In particular, where
surrounding land uses include residential, educational, health care or other sensitive uses,
the highest degree of care must be taken to protect these areas from landfill odours”.
Licence
Condition A1 provides:

offensive odours must not be discharged beyond the boundaries of the premises.
SEPP
Clause 27 of the SEPP provides for the management of local air quality and specifically
states:
The Authority will work with municipalities, industry, communities and other
stakeholders to protect local amenity from offensive odours, dust or other emissions
from local sources.
Planning Scheme
Clause 33.03-2 of the Melton Planning Scheme states that:
A use must not adversely affect the amenity of the neighbourhood, including through
the:

…

…

Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour,
steam, soot, ash, dust, waste water, waste products, grit or oil.
We respectfully request that EPA investigate this complaint as a matter of urgency.
Yours faithfully
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