City of Sydney
ADDENDUM TO FINAL REPORT
18 April 2005
Blackwattle Bay Stormwater Pollution Abatement Program
Stage 3 - NSW Stormwater Trust Grant No: ST/G 3026
Prepared for:
NSW Department of Environment and Conservation
Prepared by:
Nik Midlam, Environment Project Officer
City of Sydney
456 Kent Street
GPO Box 1591
Sydney NSW 2001
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
TABLE OF CONTENTS
Scope ........................................................................................................................................ 3
Recent Components................................................................................................................ 3
Local community program ..................................................................................................... 3
Council services and training ................................................................................................ 5
Builders and developers program ....................................................................................... 11
Sydney Fish Market program .............................................................................................. 12
Visual Documentation ........................................................................................................... 16
Media Coverage ..................................................................................................................... 18
Promotional Materials ........................................................................................................... 19
Ongoing Commitment ........................................................................................................... 21
Appendices ............................................................................................................................ 22
1. Evaluation report - local community program
2. Poster locations
3. Training manual - operations staff
4. Evaluation report - operations staff
5. Course outline - authorised officers
6. Training manual - authorised officers
7. Evaluation report - authorised officers
8. Training manual - builders environment program
9. Evaluation report - builders environment program
10. Training manual - builders erosion and sediment controls
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
Scope
In 2002, the City of Sydney received funding from the NSW Government Stormwater Trust for
a program designed to improve water quality in Blackwattle Bay. The project comprised two
distinct phases.
Due to cessation of the Stormwater Trust, a draft final report was submitted to the NSW
Department of Environment and Conservation (DEC) on 19 December 2004, prior to
completion of some components of Stage 2.
The purpose of this report is to supplement information, evaluation and materials contained
within the draft final report and advise DEC on outcomes of the final program components
which are now completed.
Further samples of publications and promotional materials contained within the draft Final
Report and this supplementary report are available upon request.
Recent Components
Components of the Blackwattle Bay program which have been completed since submission of
the draft final report 19 December 2004 are presented below. For information on business
programs, local schools as well as more information on the categories listed below, please
refer to the draft final report submitted 19 December 2004.
Local community program
The remaining actions aimed at improving knowledge and reducing stormwater pollution by
the local community consisted of a poster campaign, commitment agreement, educational
stormwater grates and written information.
An updated evaluation of the local community program is included in Appendix 1. Based
upon 100 surveys conducted at gathering places pre, during and post education campaigns
being implemented, it was shown that there was a general increase in awareness of the
causes of stormwater pollution by the general community.
The surveys indicated the need for ongoing education in the catchment to reinforce messages
of the program, and also indicated that the community acknowledge actions they take impact
upon the catchment.
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
Posters
During the months of January and February 2005, thirty large “City Lights” posters were
displayed on street furniture located in the catchment. Smaller “timetable” size posters have
also been installed on the rear of bus shelters in the catchment and these will be displayed for
a total of 6 to 12 months.
The graphic used for the posters is shown under Promotional Materials. A photo taken from
a bus stop is shown under Visual Documentation.
Postcard prize giveaway
Approximately 22,000 postcards were distributed to all residences within the catchment
containing information on ways for residents to help improve Blackwattle Bay. A sample was
included within the draft final report.
By signing a commitment to help improve Blackwattle Bay and returning the card, residents
went in the draw to win one of five $200 seafood vouchers from the Sydney Fish Market.
Since the draft final report was submitted, over 1,500 commitments were returned to the City,
which is a great result.
“Fish” stormwater grates
In January 2005 the City of Sydney completed installation of 43 "fish grates" in the catchment.
See articles under Media Coverage. The anecdotal feedback has been very supportive.
Unfortunately however in April, 9 of the 43 grates were stolen and the City was required to
reinstate the original grates. It is not known why the grates were stolen, but the matter has
been reported to the police.
The grates are the only ones in Australia, so identification in another location would be quite
noticeable. The grates do have a locking mechanism, however the drainage department are
reluctant to use a lock in the event that it would be difficult to locate and remove during a
flooding event.
Accordingly, whilst the grates are visually pleasing and provide a very good and cost effective
environmental educational message, it is unknown at this stage whether Council would
continue to install new grates.
Information flyers
Due to high demand 4,000 extra information flyers were printed as shown under Visual
Documentation. These were made available to the public from the Glebe and City One Stop
Shops and information counters.
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
Council services and training
Operations staff training
One of the key target groups for the Blackwattle Bay Project was Council Operational
Personnel. They were selected because of the broad range of potentially polluting activities
they complete every day.
The City has ISO 14001 accreditation for an Environmental Management System (EMS)
which guides the work of it’s operational personnel. In order to ensure any activities offered
to operational personnel would fit in with the requirements of the EMS, detailed discussions
were held with the EMS Coordinator and the managers of the operational teams.
It was decided the most effective way of getting the key environmental messages through to
all operational personnel was to offer face to face training sessions for all 420 operational
team members.
The training was conducted at a range of venues in order to minimise the time operational
personnel had to be away from their work. It was also conducted at times to suit the needs of
the operational teams. Some sessions were conducted at night while two sessions were
conducted in the early morning i.e. a 12.30 am start followed by a 3.00 am start. The Training
was conducted over 23 sessions.
The objectives of the training were to ensure that through participating in the program
operational staff, their managers and other relevant council personnel would:
•
Understand and acknowledge the potential environmental impact of their work
•
Know what they need to do in order to minimise that impact
•
Understand and acknowledge their community, organisational and legal
environmental responsibilities
•
Understand the concept of environmental due diligence and what they need to do in
order to ensure they meet their environmental due diligence responsibilities
•
Know how to identify environmental risks at their job sites and what to do to minimise
those risks
•
Know who the Appropriate Regulatory Authority (ARA) is for their job sites and how to
respond to a site visit from a representative of the ARA
•
Understand and acknowledge the need for an ongoing internal environmental review
program.
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
The course had five main components as listed below. For more information on the course
content, see Appendix 3.
1. Introduction
The course opens with a discussion on the personal benefits of a better protected
environment. All participants are required to complete the following statement:
“I think it is important to protect the environment because ……”
Gaining some type of personal commitment from all participants at the beginning of the
session provides an excellent platform for the rest of the training program.
The issue of “what difference can one person really make” is also dealt with.
2. Identifying and managing Council’s environmental impact
Participants select one or two typical jobs they complete and identify the potential
environmental impact of those jobs. Participants usually work in small functional groups for
this exercise.
Parks and gardens staff could select refuelling, spraying or lawn mowing.
Road construction
staff could select concrete cutting, footpath construction or hot mix spreading, while water and
sewer staff could select pipe laying or dealing with sewer overflows.
Each group then explains to the rest of the class the potential impacts of their jobs. The
trainer asks each group the type of questions a DEC inspector might ask if they were to visit
their job sites. This helps to identify basic issues which could require attention e.g. protection
of downstream drains, cleaning of tools after a cementing job or the availability of materials
safety data sheets.
3. What the laws require
Participants are taken through a brief history of environmental law, including the fact that
people found guilty of polluting the air in 16th century England were hung.
Participants are then provided with a scenario where they apply their own logic to prepare a
basic environmental law. Their logical environmental law is then compared to the main
elements of the POEO Act. This is a far more effective way of teaching people about what
laws require.
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The key concept of due diligence and what it means to every single council employee is also
covered in detail.
Appropriate Regulatory Authorities are also explained, as are the power of the DEC, the new
notices associated with the POEO Act and the way council officers should respond if they
have an incident on their site or a visit from an DEC officer.
4. Identifying environmental risk
Through this component participants complete a basic desk top review/audit of one of their
typical projects. They are asked to identify what would be the worst possible thing that could
go wrong on their job sites and how well placed they are to deal with something going wrong.
Within this component a series of council case studies are reviewed and the learners are
asked to identify what should have been done differently. During this component a series of
real time council prosecutions are also examined.
5. Conclusion
The course concludes with each participant being asked to nominate what they will do
differently, if anything, as a result of completing the work and what they need to do in order to
ensure that they act at all times with due diligence and all reasonable care.
All participants were asked to complete an evaluation sheet at the beginning and at the
conclusion of the training. A detailed summary of the evaluation sheets is included as
Appendix 4 of this report.
The increase in the level of awareness and commitment to the EMS was heartening. Clearly
those responsible for the development and implementation of this system have done a very
good job in explaining what the system is all about, the role individuals can play in the system
and the benefits that will accrue over the medium to long term through the implementation of
that system.
There were few if any serious concerns expressed by personnel within the training. Overall it
was a worthwhile exercise.
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Authorised officer training
One of the objectives of the building and development project was to improve erosion and
sediment control practices on building and development sites in the catchment.
As a part of the initial project, training sessions were offered to Council enforcement
personnel on the POEO Act (1997) and how it could be used to encourage better onsite
practices. It became clear during those training sessions that enforcement personnel were not
that confident in their abilities to identify good and poor quality erosion and sediment control
practices.
It was therefore decided to develop an erosion and sediment control awareness course for
enforcement personnel.
A course framework was developed in consultation with Council enforcement team leaders. A
copy of that framework which includes course objectives and learning outcomes is included
as Appendix 5 of this report. A copy of the Participant’s Manual for this training course is
included as Appendix 6 of this report.
The course covered:
•
Environmental impact of sediment
•
The laws in relation to erosion and sediment control
•
Erosion and sedimentation – what causes it?
•
Erosion and sediment control – the tools and systems
•
Common problems on building and development sites
•
A site visit
A total of six training sessions were offered with 67 people attending the courses. They were
a mix of Rangers, Environmental Health Officers and Building Surveyors.
The training program was delivered by Mr Chris Gray and Ms Sharon Gaudry of GEMS Pty
Ltd. Both have extensive experience in the development and delivery of training programs for
the building and development sector.
All participants were encouraged to complete an evaluation sheet. A summary of the
responses to that evaluation sheet are included as Appendix 7 of this report. Highlights of the
evaluation included:
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
•
Around 85% of participants “strongly agreed” or “agreed” they had a better
understanding of the law in relation to erosion and sediment control, which is an
exceptional result given that all participants were authorised officers
•
90% of participants “strongly agreed” or “agreed” they would be more confident in
providing advice to builders on erosion and sediment control
•
90% of participants “strongly agreed” or “agreed” they would be more confident in
using enforcement on building and development sites in relation to erosion and
sediment control matters
A number of participants suggested future courses should also include a visit to a site that
has poor erosion and sediment control systems in place. Participants would then be asked to
identify what improvement the builder should make in order to improve the systems. This will
be included in future courses. A number of participants also suggested more focus on city
sites. These will also be included in future courses.
The long term success of the course will be measured in relation to improved practices on
building and development sites in the city area. Information about the course has already
been circulated to a number of Councils within NSW and there has been a reasonable
amount of interest in the course. There certainly appears to be a need for this type of training
program.
As a consequence of the authorised officers training, information cards were developed that
can be issued to builders and developers as a quick reference to what sediment and erosion
controls are required. These cards are included under Promotional Materials.
Planning provisions
One of the objectives of the program was to develop standard conditions and procedures for
planners to check off erosion and sediment control plans submitted with development
applications.
A significant challenge was the fact that the City of Sydney is now trying to merge the
planning requirements of three different Councils i.e. Leichhardt, City of Sydney and South
Sydney Councils.
While there is a commitment to the development of a single planning process, implementation
of that planning process will take some time.
A number of fruitful meetings were held with Council’s senior planning staff and authorised
officers. There was general agreement that the current standard conditions as applied by the
City were unwieldy and needed attention.
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The planners have therefore formed a working party to work with officers from the Blackwattle
Bay program.
That working party has examined the standard conditions of approval from a number of
Councils. They have also held discussions with representatives of the Master Builders
Association and a number of leading developers in the area.
The City has also recently employed an environmental planner who has been allocated
responsibility for this task. Up until someone was allocated responsibility it was an added
extra for a number of people and therefore did not receive the attention it required.
We are now extremely confident that the draft standard Conditions of Approval will be
moulded into a system that is acceptable to all key stakeholders and will be effectively
implemented.
Those Conditions of Approval are also likely to include the need for Erosion and Sediment
Control Plans and Soil and Water Management Plans as part of an application for
development in the City.
In order to support the people required to prepare those documents, the City will be applying
to the DEC to seek permission to use relevant components of their recently completed
Erosion and Sediment Control Guideline for local Councils. It is intended to put together an
information package for applicants to allow them to better complete Erosion and Sediment
Control Plans and Soil and Water Management Plans.
It is also intended to adopt the sample checklist that was included in the Department of
Environment and Conservation’s draft document. This will then be used by specialist
checkers in the Planning Department of the City of Sydney.
The City recognises that this type of change to a system that in the past has been less
structured will take some time and cause some angst among some of the stakeholders.
It is recognised, however, that this sort of system needs to be implemented in order to provide
a rigor to the all-important environmental management requirements on building and
development work in the local government area.
In conclusion, a great deal of time has been spent on this component of the project, and the
product will now evolve a lot more easily. The appointment of a specialist officer to this project
will also ensure its completion.
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Builders and developers program
Master Builders Association trial environmental training
The purpose of this component was to develop an Environmental Management Plan Training
Program for the Building and Construction sector.
Recently, the Department of Fair Trading introduced amendments to the licensing of building
and construction professionals. All professionals are now required to accumulate 100
Professional Development Points (PDP) every three years in order for their license to be
renewed.
These points can be accumulated in a broad range of areas including Occupation Health and
Safety, Site Management and Environmental Management. The industry PDP program is
managed by the Construction Industry and Training Advisory Board (CITAB).
Discussions with that Board indicated the need for effective short term training programs for
the Building and Construction Industry, concentrating in particular on the development of
basic Environmental Management Plans (EMP). CITAB have indicated for example a well
planned course could accumulate up to 35 Professional Development Points for licensed
builders.
This offered an excellent opportunity to both the DEC and the City of Sydney to encourage
more effective environmental management on building and development sites.
It was therefore proposed that part of the Blackwattle Bay funding was allocated to develop a
training program on the development of EMPs on Building and Construction Sites. This
training was then trailed with 16 building and construction professionals who have or will
operate within the Blackwattle Bay area.
The training covered erosion and sediment controls, waste management, EMS and other
environmental issues faced by the industry. The training manual Towards Effective
Environment Environmental Management on Building and Development Sites is included as
Appendix 8. An evaluation of responses by course participants is included as Appendix 9.
The main outcome of the evaluation was the strong support for training of this nature. As the
course contained a range of information, it was also suggested that the components on
erosion and sediment controls be developed as a stand alone package. Accordingly, a
training manual was developed and is included as Appendix 10.
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Information materials
Due to the successful uptake of materials developed as part of the Blackwattle Bay program
since December 2004, the following resources were re/printed:
•
Sets of "Keep the Soil on Site" erosion and sediment control brochures for trades x
2,000
•
Spiral bound “Keep the Soil on Site” information booklets for erosion and sediment
controls on building sites x 1,500
•
Summary information cards on erosion and sediment controls that Rangers can
distribute to builders
Sydney Fish Market program
The purpose of this component was to develop an education program with the Sydney Fish
Market and its retailers.
A communication strategy for the Sydney Fishmarket has now been implemented. A series of
meetings were held with senior market management, who acknowledged the need for an
ongoing communications plan. Within those meetings, key stakeholder groups were identified
which included:
•
Fishermen
•
Wholesalers
•
Retailers
•
Commercial customers of wholesalers
•
The general public
Communication strategies were developed and implemented for each of these groups. The
first phase of the communication strategy for the fishermen and wholesalers was a series of
letters from Fish Market management and follow up articles in their internal newsletters. The
purpose of these letters and newsletters was to put all participants on notice that they all had
an individual responsibility to ensure the local environment was protected.
Meetings were also held with the fishermen to identify the strategies that needed to be put
into place in order to ensure the fishermen were aware of their environmental responsibilities
and worked hard to meet them.
Outcomes from each of the groups are outlined below:
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1. Fishermen
These people will require ongoing attention. It was clear from the meetings and other
discussions that the fishermen, while acknowledging the need to work harder to protect the
local environment, did not see that they had much of an impact on it themselves. Practices
like the leaving of full drums of oil on the wharf for someone else to pick up, and the tossing of
refuse off the wharf after net cleaning were not seen as too much of an issue.
Meetings with the unofficial “managers” of the fishing fleet have, however, been reasonably
fruitful. These “managers” have agreed to pass on the need for more effective environmental
protection to the other participants.
One of the real bonuses of the fishermen program was the successful application by the City
of Sydney and the Sydney Fish Market for a waste oil recycling tank. A tank has now been
delivered and should lead to significant reductions in the potential for oil spills from the fishing
fleet.
2. Wholesalers
One of the more unusual aspects of management of the Fish Market is the issue that
wholesalers are also the owners of the market, so therefore the Sydney Fish Market team,
while having to do some regulatory work, are in fact regulating the work of their bosses.
The wholesalers recognised this challenge in a series of meetings and made commitments to
do what they can to help protect the local environment. Key issues for wholesalers include:
•
Trade waste disposal
•
Waste management
•
Clean up of wash down areas
As part of the communications strategy, a series of checklists are being developed with the
wholesalers. These will then become an agreed practice for all wholesalers on the site. The
wholesalers as managers of the site have also agreed to encourage their implementation.
3. Retailers
Many of their wholesalers have a retail operation. There are also a number of independent
retailers. The main issues for the retailers are:
•
Trade waste disposal
•
Waste management
•
Clean up of wash down areas
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A similar strategy has been implemented for the independent retailers. They have also agreed
to adopt and implement the checklists when they have been signed off.
4. Commercial customers of wholesalers
Approximately 350-500 commercial customers of retailers visit the auction floor of the Fish
Market to purchase their product directly from onsite wholesalers. The main issues with these
stakeholders are:
•
Waste disposal
•
Clean up of wash down areas
A simple note has been developed and is being distributed to all commercial customers of
wholesalers when they pay their accounts on the auction floor. A copy of that note is also
being translated into a number of community languages. Signage is also being developed and
will be placed at various sites around the auction floor to reinforce positive environmental
messages of the Blackwattle Bay program.
Rangers from the City of Sydney have also been encouraged to attend the Fish Market for the
early morning auctions. Rangers will write infringement notices for any visitors to the markets
who inappropriately dispose of waste from either their motor vehicles or any of the wholesale
and retail outlets throughout the premises.
The Fish Market is also planning a significant crackdown on people bringing waste onto the
site and dumping it in the markets disposal system. They have broad video camera coverage
of all corners of the site. They have issued information to all visitors to the site that they are
being video taped and warned that if people are identified dumping waste illegally they will be
prosecuted.
They anticipate the first prosecution to take place within the next couple of months and they
are keen to get high levels of promotion through their existing communication networks for
that prosecution.
5. The general public
An average of 5,000-8,000 people visit the Fish Market every weekend. During peak periods
this can rise to more than 50,000. The main environmental impact of these visitors is waste
disposal.
Officers of the Sydney Fish Market have applied to be trained as authorised litter spotters and
be able to complete “Littering from Motor Vehicles” information forms that then get turned into
prosecution notices.
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The market has also encouraged Rangers from the Council to visit the site on the weekends
and issue infringement notices to anyone disposing of material inappropriately onsite.
The Fish Market is also reviewing their bin placement and signs policy. A weekend litter blitz
was also convened. The purpose of the blitz was not to issue tickets but to inform people of
the importance of disposing of their waste properly.
While the blitz seemed to be successful on the day, a review of practices on the following
weekend indicated that little had changed. The Fish Market is now considering regular blitzes
including enforcement activities.
The installation of the litter trap fence separating the Fishmarket from the bay has also been
successful in reducing the amount of litter finding its way into Blackwattle Bay.
Probably the major benefit for this part of the program has been establishing a good quality
relationship between the City of Sydney and the Fish Market. The site is destined for
significant development over the coming years and it is important for the City and the Fish
Market to maintain this positive working relationship using all aspects of environmental
education and enforcement to encourage appropriate onsite behaviour.
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Visual Documentation
Bus stop poster (shown here on Glebe Point Road and Bridge Road, Glebe). Thirty of these
large size posters were mounted for one to two months in high profile locations around the
catchment. Smaller posters are also still being displayed on the sides of bus shelters.
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A total of 43 “fish grates” were installed in locations around the catchment to reinforce the
message that stormwater drains to local waterways. The grates contain the wording: “Drains
to Blackwattle Bay” and “The Drain is Just for Rain”.
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Media Coverage
Following submission of the draft final report there have been 5 articles in local newspapers
about the Blackwattle Bay program. These include:
1. The Inner West Courier - 4 January 2005
2. The Glebe - 6 January 2005
3. The Glebe - 24 February 2005
4. The Inner West Courier - 8 February 2005
5. The Glebe - 14 April 2005
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Promotional Materials
The following materials were either developed or reprinted since submission of the draft final
report:
1. Bus posters
2. Information flyer reprint x 1,000
3. “Keep the Soil on Site” trades brochures reprint x 2,000
4. “Keep the Soil on Site” spiral guideline reprint x 1,500
5. Erosion and sediment control information cards x 4,000
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Ongoing Commitment
The City of Sydney is committed to providing ongoing support to a number of the program
elements from the Blackwattle Bay activity. These include:
•
City of Sydney Rangers, Environmental Health Officers and Planning staff will
continue to provide education material to builders and developers not just within the
Blackwattle Bay Catchment but throughout the City of Sydney.
•
The City of Sydney will also continue to offer training from time to time to builders and
developers who need advice on implementing effective environmental management.
•
The City of Sydney has agreed to continue to support the Sydney Fish Market in both
their education and enforcement activities.
•
City of Sydney operational personnel will continue to be provided with opportunities to
have input to the ISO 14001 program. The operational training provided in the
program ensured a high level of awareness of ISO 14001 and the role operational
personnel can play in its implementation. The communication channels identified
through the program will now be utilised by Council on a regular basis.
•
Based on the success of the business assessments, Council will look to conduct
similar assessments in other areas, particularly those adjacent to waterways.
•
There is commitment to apply protocol developed for the review of Erosion and
Sediment Control Plans and Soil and Water Management Plans as a part of this
project.
•
Principles of Water Sensitive Urban Design will be applied to new City of Sydney
projects and refurbishments where possible.
•
Pending review of the trials, the City will use the fish grate designs and biofiltration
street tree pits in other areas of the local government area.
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Appendices
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
Appendices
Appendices
Appendices
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Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
1. Evaluation report - local community program
Appendices
Evaluation Report
Local Community Program
Prepared by
February 2005
Blackwattle Bay Community Program
Local Environment Survey Evaluation
___________________________________________________________________________
Purpose
The purpose of the surveys was to identify whether there was a change in peoples
knowledge and attitudes within the Blackwattle Bay area, towards stormwater
issues.
Process
100 surveys were completed in the pre, post and final program surveys.
The surveys were conducted at community gathering places like bus stops and coffee
shops throughout the catchment.
The pre program surveys were completed before any program activity was
undertaken. The post program surveys were completed within three weeks of the
conclusion of the postcard distribution and the bus advertising campaign.
The final program survey was completed in February 2005. The purpose of the final
program survey was to identify whether the messages had been retained despite no
program activity for the previous 4-5 months.
The outcomes of all three surveys are outlined below.
Analysis of Survey Responses
Question 1
What suburb do you live in?
This question was asked to identify whether the respondent lived inside the Blackwattle Bay
Catchment. The following table outlines the percentage of respondents who live in each
suburb. The of people who were from ‘other’ suburbs either worked or visited the area
frequently.
Suburb
Glebe
Chippendale
Pre Program Survey
37%
20%
Post Program Survey
80%
0
Final Program Survey
74%
5%
Other
Newtown
Darlington
Pyrmont
Broadway
Forest Lodge
Ultimo
Question 2
16%
11%
6%
4%
2%
2%
2%
10%
0
0
0
0
5%
5%
8%
6%
0
0
0
3.5%
3.5%
Do you know where the streets and gutters of your suburb eventually
discharge stormwater flows?
This question was asked in order to identify whether people knew that stormwater flowing
from the Catchment ended up in Blackwattle Bay. The table below shows the percentage of
respondents that answered for each option in both the pre and post surveys.
Answer
Blackwattle Bay
Don’t Know
Other
Parramatta River
The sewerage system
Pre Program Survey
7%
73%
13%
2%
5%
Post Program Survey
55%
24%
21%
0%
0%
Final Program Survey
50%
28%
22%
0
0
Preliminary Analysis
The vast majority of people didn’t know where stormwater in their area ended up in the pre
survey. The post survey showed an excellent improvement in the knowledge of people living
in the Catchment with 55% of people identifying that stormwater flows ended up in
Blackwattle Bay. Many respondents indicated that they had received the postcard.
In the final survey, recollections of the Postcard were still quite strong, although the power of
the message had started to wane.
These survey responses indicate the need for ongoing education throughout the catchment in
order to reinforce the messages of the program.
Question 3
What things can you do to help improve the quality of stormwater
flowing down your gutters?
Respondents could offer more than one answer to this question. The purpose of this question
was to identify whether people saw a link to simple environmental improvement actions and
the quality of stormwater. (Please note that percentages do not equal to 100% as respondents
could chose more than one option)
Answer
Pre Program Survey
Post Program Survey
Not littering
73%
86%
Final Program
Survey
90%
Cleaning up after pet dog
17%
52%
64%
Sweeping footpaths and
collecting material in bins
Disposing of cigarette butts
thoughtfully
Washing car on the grass or
at a car wash
Other
30%
39%
32%
17%
25%
28%
17%
33%
20%
19%
17%
10%
Preliminary Analysis
There appears to be high level of understanding of the importance of not littering within the
Catchment. Therefore the program strategies concentrated mostly on the other actions the
community can take in order to improve stormwater flows. There was an improvement in
understanding that all the other actions were important to improving water quality in the
area.
The final program survey indicated a slight growth in knowledge of littering and the
importance of cleaning up after a pet dog. This could be attributed to the ongoing
community interest and local media coverage of these issues. There was a slight drop off in
other behaviours that people could adopt. Again, this reinforces the message of ongoing
communication in order to achieve positive environmental results.
Question 4
In your opinion, do these environmental issues affect water quality in
Blackwattle Bay? Can you please identify whether you think the issues
have no impact, a little impact or a lot of impact, or if you don’t know.
The purpose of this question was to identify whether people saw a link between the
following environmental issues and the quality of stormwater.
Don’t
know
Environmental Issue
No impact
A little
A lot
Pre Program Survey
Littering
3%
1%
6%
90%
Post Program Survey
Littering
3%
3%
4%
90%
2%
4%
4%
90%
7%
11%
34%
44%
10%
11%
14%
65%
6%
5%
14%
75%
13%
9%
37%
37%
8%
5%
30%
57%
10%
5%
20%
65%
10%
8%
12%
70%
5%
0%
38%
57%
Final Program Survey
Littering
Pre Program Survey
Dog Droppings
Post Program Survey
Dog Droppings
Final Program Survey
Dog Droppings
Pre Program Survey
Run off From
Parks and Gardens
Post Program Survey
Run off From
Parks and Gardens
Final Program Survey
Run off From
Parks and Gardens
Pre Program Survey
Building Sites
Post Program Survey
Building Sites
Final Program Survey
Building Sites
4%
0%
25%
71%
9%
9%
25%
57%
19%
5%
30%
46%
10%
4%
15%
71%
8%
2%
13%
77%
13%
5%
20%
62%
5%
4%
25%
71%
Pre Program Survey
Council Works
Post Program Survey
Council Works
Final Program Survey
Council Works
Pre Program Survey
Run off from industrial
sites
Post Program Survey
Run off from industrial
sites
Final Program Survey
Run off from industrial
sites
Preliminary Analysis
The response here links back to the previous question in that people recognise the impact of
litter with 90% both in pre and post program surveys suggesting it has a lot of impact on
local waterways. Two of the actions targeted in the community program i.e. cleaning up after
dogs and attempting to minimise fertiliser and other losses from parks and gardens
generated a significant increase in recognition of their impact. While actions not targeted in
the community program i.e. building sites, council works and industrial sites were not seen
as significant in the post program survey. This appears to indicate that the community is
willing to accept that the actions that they can control are also the actions that have the most
impact. This can now be built on by Council in all their education programs.
The final survey reinforces the information gathered from the previous question which
indicates an increase of awareness of the impact of dog droppings in the area. Recent
publicity about the fines for builders in relation to inappropriate erosion and sediment
control could also be the main reason for an increase in community concern about the
environmental impact on building and development works.
Question 5
Do you think the water quality, in recent times, in your local waterways
has?
Declined
Stayed the same
Improved
Don't know
Pre Program Survey
Post Program Survey
11%
27%
21%
41%
14%
7%
49%
30%
Final Program
Survey
10%
12%
51%
27%
Preliminary Analysis
Respondents also had a better understanding of the improvements in water quality in recent
times. This is important for people to understand so they are able to see that they can make a
difference.
There has been very little variation from the post program survey to the final program
survey. The fact that the numbers have held up even though there has been very little
program activity for the last couple of months is a positive indicator of the impact of
educational activites.
Question 6
Do you think there is enough information about what people can do to
help improve their local environments?
not enough
enough
More than enough
Don't know
Pre Program Survey
Post Program Survey
65%
25%
7%
3%
70%
22%
4%
4%
Final Program
Survey
60%
25%
10%
5%
Preliminary Analysis
Results from both surveys were fairly similar in that respondents would like there to be more
information about what they can do to help their local environment. This is very positive as
it shows a high community interest in the protection of the environment.
The final survey is in line with the data gathered from both the pre and post program survey
work. This reinforces the importance of Council running a broad range of educational
activities and utilising all the available education sources for the delivery of their messages.
Question 7
What do you think would be the best ways to get information to you
and your neighbours about Council and community environmental
programs?
Respondents could offer more than one answer to this question. (Please note that
percentages do not equal to 100% as respondents could chose more than one option)
Pre Program Survey
Local newspapers
Council newsletters
Information in your letterbox
Billboards
Websites
Public seminars
Public displays
Local Radio
Other
50%
10%
47%
14%
13%
5%
6%
10%
12%
Post Program
Survey
47%
8%
64%
6%
11%
6%
11%
8%
10%
Final Program
Survey
52%
12%
63%
8%
10%
5%
10%
8%
4%
Preliminary Analysis
The increase in the value of information in the letterbox is probably indicative of the
effectiveness of the postcard. A high regard for local papers also should be taken into
account when councils planning any other environmental educational activities.
The final survey reinforced the importance of local newspapers. Environmental issues have
featured rather heavily in the last few months in local newspapers. The community
recognition and potential impact of local newspapers on environmental matters has probably
been reinforced by this level of reporting.
Question 8
Other Comments
In the post survey many people indicated that they had received the postcard in the
mail and that they had read it. Members of the community also approached our
surveyors to show their interest in the program.
Through the final survey, many local residents expressed support for Council’s level of
activity in environmental management. The bus stop advertising, the post card, and other
targeted information materials had found their mark. Community members were also
willing to identify the actions they could take to help protect and preserve Blackwattle Bay
which was quite heartening.
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
2. Poster locations
Appendices
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
3. Training manual - operations staff
Appendices
Environmental Training Program
Participants Manual
Prepared for
City of Sydney
December 2004
Table of Contents
Section 1:
It is important to Protect the Environment because
we want to.
Section 2:
It is important to Protect the Environment because
we have to.
Section 3:
It is important to Protect the Environment because
Council says so.
Section 4:
What does it mean to you at Work?
Section 5:
Where to from here?
Environmental Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 2
Please finish the following sentence
‘I think it is important to protect the environment because
…………………………………………………..
………………………………………………….’
Environmental Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 3
Will Environment As An Issue Go Away?
The Department of Environment and Conservation (DEC)
has been conducting wide ranging community environmental
awareness surveys for more than ten years.
These have show a steady growth in community commitment
and interest in environmental protection.
In the 2004 survey the community nominated environmental
protection as their 3rd most important issue behind family and
friends.
Environmental Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 4
How Does Your Work Affect the Local
Environment?
• Every day you complete tasks that have the potential
to impact on the local environment.
• Using “Worksheet 1” list two of the jobs you do,
identify the tasks involved in completing each of
those jobs and identify the possible environmental
impacts of each of those tasks.
Environmental Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 5
Worksheet 1
Job
Tasks to Complete Job
•
•
•
•
•
•
e.g. Concrete cutting
organise equipment
make area safe
mark out area to be cut
put sediment & erosion controls in place
complete cutting
remove waste
Possible Environmental Impacts*
•
•
•
•
noise
water
air
waste
1.
2.
*
Air - A
Noise - N
Water - W
Waste Management - WM
Land Contamination - LC
Hazardous Chemical Management - HCM
_________________________________________________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 6
Conclusion
Within Section One we have discussed:
•
our environment is all around us
•
we think it is important to protect the environment in
order to protect our health, quality of life, survival and
our future
•
we all have an impact on our environment every day
•
our work can affect the environment. It is up to all of us
to do what we can to minimise that effect
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 7
Section 2 - It is important to Protect the
Environment because we have to.
The specific laws in relation to Environment Management
have changed a number of times over the past few years. The
basic principles have not.
All Reasonable Care
All environmental laws require everyone involved in Council
operations to act with “due diligence” or “all reasonable care”
to protect the environment at all times.
Every single person is responsible for ensuring their activities
are carried out in a way that minimises environmental harm.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 8
What the Laws Require
The main law that impacts on the activities of Council field
staff is the Protection of the Environment Operation Act
(1997).
This act pulls together all the old pieces of environmental
protection legislation. The principles of what those laws
require, however, has remained unchanged.
Air Pollution
You can’t allow fumes, dust or smoke to escape into the
atmosphere
Water Pollution
You cannot allow any material to run from your premises
into street gutters, drains or waterways either on or outside
your properties
You cannot place any chemicals in the sewer system without
a licence
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 9
Noise Pollution
You cannot make disturbing noise at any time
Waste and Litter
You must, when disposing of hazardous or dangerous
chemicals, make sure you are using a licensed waste
contractor.
You must keep your site tidy at all times
You must store your wastes in a way that they will not cause
pollution
Chemicals
All chemicals must be stored in appropriate protected and
bunded areas
These are the main areas where the
environmental laws could impact on your activity.
If you have some concerns about something you
are doing and the laws in relation to it, contact
your Supervisor or members of the Environment
Team
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 10
What Happens if the Law is broken?
There are three tiers of penalty for breaking the law.
Tier 3
For minor offences that lead to minimal environmental harm.
The penalties for these minor breaches are specified in the law.
Penalties are issued as Penalty Infringement Notices or ‘on the
spot’ fines.
The penalties include:
Problem
Penalty
Penalty
(individual)
(company)
Polluting waters
$750
$1500
Causing air pollution
$750
$1500
Cause emission of noise
$200
$400
Waste dumping
$750
$1500
Permit land to be unlawfully used as a waste
facility
$750
$1500
Littering (including from vehicles)
$200
$400
Failing to comply with a clean-up notice
$750
$1500
Failing to comply with a prevention notice
$750
$1500
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 11
Tier 2
The same offences as for Tier 3 but have more serious impact.
The penalties for Tier 2 offences are:
Individuals:
Corporations:
maximum $125,000 fine
maximum $250,000 fine
Tier 1
For incidents that lead to serious environmental harm. The
penalties for Tier 1 offences are:
Individuals:
maximum $250,000 fine plus
maximum of 7 years goal plus
clean up costs, frozen assets and damages
Corporations:
maximum $1,000,000 fine plus
clean up costs, frozen assets and damages
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 12
Who’s In Charge?
• POEO Act makes council clearly responsible for
managing the environmental impact of most of the
industry in their area. They are what is called the
Appropriate Regulatory Authority (ARA) for their area.
• ARA for Councils is the DEC. That means the DEC
officers can come onto your job sites and require you to
more effectively control the environmental impact of
those job sites.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 13
What Powers do Council and the DEC
have?
Under the POEO Act, Council and the DEC have powers to
issue special notices to control the pollution impacts of
industry. These notices include:
Clean Up Notice
• Can be issued when a pollution incident has occurred or is
likely to occur.
• Can require immediate action
• Must specify a period in which the clean up must be taken
• No right of appeal - ignoring a notice is against the law
• Recipient required to pay a fee for receiving the notice $320.00
• ARA keeps the money
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 14
Prevention Notice
• Can be issued when an activity is being carried on in an
environmentally unsatisfactory manner.
• Should specify actions required to ensure activity is
carried on in an environmentally satisfactory manner
• Cannot require action within 21 days
• Can be appealed
• Recipient required to pay a fee for receiving the notice $320.00
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 15
Other Notices
Noise Control Notices
Usually technical. Specify noise levels that must be adhered
to.
Penalty Infringement Notice (PIN)
Penalty infringement notices are used when people have
broken the law.
Compliance Cost Notices
Are to enable councils to recover the costs of ensuring
compliance with clean up and prevention notices.
Other Issues
Failure to notify
The bottom line is that Government now has the
power to stop pollution before it happens.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 16
Environmental Laws Are Not Just
About Controlling Pollution
Local Government Act 1993
Under the Local Government Act (1993) for example,
Council is required to:
• be environmentally responsible;
• act in an ecologically sustainable manner
• maintain ecosystem function.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 17
Case Studies
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 18
Section 3 - It is important to Protect
the Environment because Council
says so.
The City of Sydney has a broad ranging commitment to protecting the
environment that commitment is supported by a quality / EMS policy. Key
components of that policy declare
We will identify the activities, products and services that can interact with the
environment, whether adverse or beneficial. We will prepare environmental
improvement plans to improve the effects of these aspects on the
environment.
Our aim is to be regarded by our customers as the provider of choice by a
commitment to compliance with all relevant environmental and general
legislation and regulations, and with other requirements to which the
organisation subscribes.
Our aim is to comply with all aspects of the City of Sydney OH&S Policy by
developing a culture of total commitment to the occupational health and safety
of all employees, and by providing a safe and healthy workplace.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 19
Section 4 - What Can We Do At Work?
What can we do at work to minimise our impact on local
waterways?
As part of its quality policy council has a number of key systems in place.
These include
•
formal work instructions
•
emergency response procedures
•
an improvement / corrective / preventative action process
These are linked to Councils commitment to quality. Samples of the relevant
documents are included on the following pages.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 20
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 21
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 22
City of Sydney Environmental Emergency Plan For:
Street Cleaning & Waste
Emergency Condition:
Fire
Emergency Telephone Numbers:
Sydney Town Hall and Town Hall House:
Dial 11 or 9265 9878
Other Locations:
Dial 000 and 9265 9878
OR 1300 651 301
Emergency Condition Steps
Person
Responsible
Driver
Driver
5.
Use extinguisher from vehicle if possible
Radio Team leader & advise 1. If extinguished
2. Unable to extinguish
1. Team Leader to advise Fleet Maintenance who will then
proceed to site to carry out inspection of truck
2. Team Leader to call Fire Brigade & notify Fleet
Maintenance
Await instructions from Team Leader or Fleet or Fire Brigade
6.
Once extinguished Fleet Maintenance to be advised
1.
2.
3.
4.
Team Leader
Team Leader
Team Leader
Foreman
Fire Brigade
Foreman
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 23
Process Improvement
A key part of process improvement is identifying the
things that could go wrong and how well we are
placed to deal with those things. We need to regularly
ask a very important question…
“What if …………………………………………..”
This is a key part of demonstrating due diligence or
reasonable care.
Please use Worksheet 2 to identify some things that
could go wrong on your job sites. This information
should then be used as a part of the development of
Environmental Management Plans for your permanent
sites and other activities.
_________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 24
Worksheet 2
Sample Environmental Review Sheet – Council Stormwater Management Program
Area of Activity – e.g. Road Maintenance
Activity
Store Fuel
___________________________________________________
What could go wrong
Split fuel drum
What impacts will it have?
Pollution of soil
Pollution of waterways
What will we do about it?
Clean up spill as quickly as
possible using appropriate
equipment
What, if anything, different
should we do about it?
Check Availability of
appropriate equipment
Check spill clean up method
_______________________________________________________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 25
5. Where to From Here?
Council’s operational activities are guided by a quality
system.
That system is in place to ensure we act all times with
due diligence or all reasonable care to ensure our
safety and that of the community is protected at all
times along with the local environment.
Quality systems work when people choose to become
involved.
Play your part in ensuring the service we deliver to the
people of our city is the best it can be.
____________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 26
____________________________________________________________________
Environment Training Program
© 2004 Gems Pty Limited
City of Sydney
Page 27
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
4. Evaluation report - operations staff
Appendices
Backwattle Bay Project
Operations Development Program
Evaluation Report
March 2005
Council Operational Training
The training has had an immediate impact on the knowledge and
understanding of Council Operational personnel.
A comparison of the responses to each of the key questions is outlined below.
1. What do you think you can do to help minimise your impact on the
environment in your job?
Pre Training
Nothing
8%
A little
37%
Fair Bit
40%
A lot
15%
A little
15%
Fair Bit
54%
A lot
31%
Post Training
Nothing
0%
There was a significant increase in awareness among learners about what
they could do to help minimise their impact on the environment. This can
now be built on by further information from management particularly in
relation to standard work methods and links to environmental protection.
2. In your position, how would you describe your level of understanding
of environmental responsibilities in accordance with the law?
Pre Training
Nothing
11%
A little
55%
Fair Bit
26%
A lot
8%
A little
30%
Fair Bit
47%
A lot
21%
Post Training
Nothing
2%
The number of Council personnel who have a “fair bit” or high level of
understanding of their environmental responsibilities in accordance with
the law almost doubled as a result of the training program. This is an
excellent result.
3. How does your job affect the environment?
Pre Training
Not at all
9%
A little
48%
A significant amount
43%
A little
37%
A significant amount
61%
Post Training
Not at all
2%
Prior to the training more than 9% of Council operational personnel did
not believe their work could effect the environment. That was reduced to
2% at the conclusion of the training which is a good result.
4. If there is anything that you should be doing to help minimise the
environmental impact of your work, please describe it
Pre Training
78% of respondents offered a response.
Responses varied. A sample of the responses is below
•
•
•
•
•
Be aware
Contain all spills and dispose of all rubbish
Minimise noise
Use unleaded petrol
Don’t know
Post Training
77% of participants nominated a response.
Responses varied. A sample of the responses is below
•
•
•
•
Water Contamination
Greater care
More knowledge
Better management of what we do
The general response was that more care and awareness should be taken
with actions that can potentially impact the environment.
While there was no significant change in the number of officers
nominating what they should be doing to help minimise the
environmental impact of the work, there was an improvement in the
quality of responses in post training evaluations which indicates a better
understanding of the differences Council officers can make if they manage
their job sites properly.
5. If you want advice on environmental matters, who in Council would
you speak to?
Pre Training
75% of participants nominated a response.
The main responses were
•
•
•
•
Don’t Know
Supervisor
Environmental Officer
Quality Manager
Post Training
88.5% of participants nominated a response.
•
•
•
•
•
Nik Midlam
Swati Metha
Supervisor
Manager
Environment Officer
Even though there was an increase in the number of people nominating
who they would speak to in relation to environmental matters, there was
still not a clear level of understanding as to who would be the best person
to contact.
To that end it is recommended a note be prepared to all operational
personnel listing the key environmental contact numbers for both advice
and emergency response.
6. Current environmental laws require everyone to act with “due
diligence”. Please describe what that means.
Pre Training
53% of respondents nominated a response.
Responses varied. A sample of the responses are below
•
•
•
•
•
•
•
To be aware of the impact our work has on the local environment and
attempt to do as little damage as possible
Keeping on top of things
Donk Know
Use common sense
To follow OH&S guidelines
Common sense
Do the right and smart thing
Post Training
78% of participants nominated a response.
Responses varied. A sample of the responses are below
•
•
•
•
•
Systems in place to ensure all care is taken to prevent incident
Taking reasonable efforts to protect the environment
Be aware
To implement reasonable amount of care
Do your best
A comparison of the quality of comments in pre and post training surveys
indicates a much better understanding of the concept of due diligence as a
result of the training.
The remaining questions were only asked as a part of the post training
evaluation process
7. How relevant was the course to you in your day-to-day work?
Very relevant
49%
Relevant
48%
Not relevant
3%
97% found the course very relevant or relevant to their everyday work.
8. Have you got a better understanding of the Protection of the
Environment Operations Act?
Yes
84%
A little
13%
No
3%
9. Do you think it would be worthwhile for your staff to attend this
training?
Yes
99%
No
1%
10. What will you do differently (if anything) as a result of participating in
this training course?
65% of participants offered a response.
Responses varied. A sample of the responses are below
•
•
•
•
•
•
More awareness of prevention
Cleaning up waste and disposal of
Take more care
Think more about general house keeping on work sites
A lot more than what I am doing now
Increased awareness of my responsibilities
This willingness to change practice as a result of the training is an
indicator of the enthusiasm with which the training was greeted by some
Council personnel.
It is very important, however, that Council management recognise the
new interest of Council personnel and looks to respond to it wherever
appropriate.
11. General Comments
27% of participants offered a response.
Responses varied. A sample of the responses are below
•
Very informative
•
•
•
•
This has been very educational
Good course
Course done very well by Chris Gray
Well informed and structured course
Summary
The surveys indicated significant improvement in the level of knowledge,
understanding and commitment on the part of Council personnel in
minimising the environmental impact of their work. The challenge is now
how to build on that new commitment.
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
5. Course outline - authorised officers
Appendices
Erosion and Sediment Control on Building
Development Sites
Course Content
Section 1 – The Environmental Impact of Sediment
Section 2 – The Laws in Relation to Erosion and Sediment Control: an Overview
Section 3 – Erosion and Sedimentation: What Causes it?
Section 4 – Erosion and Sediment Control: the Tools and Systems
Section 5 – Common Problems on Building and Development Sites
Section 6 – Site Visit
February 2005
Section
and Title
The
Environmental
Impact of
Sediment
Resources
Required
Section 1 – The Environmental Impact of Sediment
Objectives
•
•
Know and understand that
sediment can impact on
nutrient levels, environmental
flows, and biodiversity in
waterways.
Know that sediment from
building and development
sites is a significant
contributor to this problem
Key Content Areas
•
•
•
•
•
Sediment carries water soluble
nutrients including phosphates and
nitrates.
These nutrients dissolve when
entering waterways and can lead to
algal blooms.
Sediments settle on the bottom of
waterways and can impact
environmental flows.
Sediments can discolour waterways
and impact on the variety of algae
that goes in them.
An enormous amount of sediment is
lost from building and development
sites every year.
•
•
Participant Work
Book
Case Study on
Sediment Loss in
Typical Building
Block
Delivery
Duration
Method*
Presentation
(P)
Section 2 – The Laws in Relation to Erosion and Sediment Control: an Overview
The Laws in
Relation to
Erosion and
Sediment
Control: an
Overview
•
•
Erosion and sediment control
needs to be considered at all
stages of a development.
Know and understand the
requirements of the City’s
Standard Conditions of
Approval as required by the
Environmental Planning and
Assessment Act.
•
•
The main environmental laws
governing erosion and sediment
control on building and development
sites are:
- The Environmental Planning and
Assessment Act (1979);
- The Protection of Environment
Operations Act (1997);
- The Local Government Act (1993)
amended 1997.
The EP&A Act requires builders and
developers to take into account the
potential environmental impact of all
their activities when planning work.
•
Sample
infringement
notices,
including:
- Clean Up
Notice;
- infringement
notice;
P
Section
and Title
Objectives
•
•
•
•
Know and understand the due
diligence requirements of the
Protection of Environment
Operations Act.
Know and understand the
environmental requirements
of the Local Government Act.
Know and understand the
enforcement provisions
available for the City’s
authorised personnel.
Know and understand that
these enforcement provisions
should be used when other
approaches (including
education) have not achieved
the desired result.
*P = Presentation; D = Discussion
Key Content Areas
The City will soon require Erosion and
Sediment Control Plans or Soil and
Water Management Plans to be
submitted as a part of the
development application process.
• The City incorporates a series of
standard conditions in building
approvals that need to be complies
with in relation to erosion and
sediment control.
• The PoEO Act gives broad powers to
authorised officers to manage erosion
and sediment control and other
environmental issues on building and
development sites.
• The PoEO Act includes a series of
enforcement notices, i.e.:
- Clean Up Notice;
- Prevention Notice;
- Compliance Cost Notice;
- Noise Control Notice;
that can be used to minimise the
environmental impact of building and
development work.
The Local Government Act provides a
useful backup for other pieces of
legislation in relation to environment
and sediment control and other
building and development issues.
Resources
Required
-
-
NonCompliance
Notice with
Local
Government
Act and
EP&A Act;
Compliance
Cost Notice.
Delivery
Duration
Method*
Section
and Title
Erosion and
Sedimentation:
What Causes
it?
Resources
Required
Section 3 – Erosion and Sedimentation: What Causes it?
Objectives
•
•
Know and understand the
difference between erosion
and sedimentation:
Know the broad principles
involved in managing erosion
and sedimentation.
Key Content Areas
•
•
•
Erosion occurs when the erosive
factor from raindrop impact or
flowing water exceeds the soils
resistance.
Erosion can be managed by
minimising that impact or flow
pressure.
Sediment control systems are
designed to slow the velocity of water
to promote a settling of very fine
suspended soil particles; i.e. sediment
control is designed to take sediment
out of the water before it gets into the
waterways.
•
•
Landcom “Model
Erosion and
Sediment Control
Plan” document
Sample: Soil and
Water
Management and
Erosion and
Sediment Control
plans.
Delivery
Duration
Method*
P/D
Section 4 – Erosion and Sediment Control: the Tools and Systems
Erosion and
Sediment
Control: the
Tools and
Systems
•
•
Know and understand that
erosion control is more cost
effective than sediment
control.
Know and understand that
effective erosion control is
about minimising the impact
of water flowing through the
site or rain falling on the site.
•
•
•
•
*P = Presentation; D = Discussion
Diverting water from above a
building and development site,
alongside the site or around the site
minimises the impact of flowing
water.
A range of tools are available for
diverting water, including barriers,
channels and banks.
Mulching and minimising site
disturbance will reduce the impact of
rain water falling on the site.
A range of tools are available for
mulching, including chip mulch and
blankets.
•
•
•
Samples of:
- Sediment
fence;
- Mulch
blanket;
- Mulch;
- Sediment
socks;
- Other
materials.
“Keep the Soil on
the Site” video.
Builders’ spiral
bind booklet.
P/D
Section
and Title
Objectives
•
•
•
•
Know and understand that a
range of tools and systems are
available for minimising the
impact of flowing water or
rain on building and
development sites.
Know and understand that
sediment control is all about
slowing the flow of water in
order for sedimentation to
occur.
Know and understand that a
range of tools and systems are
available for slowing the flow
of water.
Know the advantages and
disadvantages of the main
erosion and sediment control
systems and the most effective
places to apply those systems.
Resources
Required
Key Content Areas
•
•
•
Delivery
Duration
Method*
A range of tools are available for
slowing the flow of water, including
silt fence, hay bales, sediment socks
and sausages.
Builders need to be proactive in the
implementation and management of
these systems.
Builders can take other action in order
to minimise the flow of water on the
site, including the connection of down
pipes to the stormwater before the
roof is put in place, and the building
and maintaining of a single access
point to all building and development
sites.
Section 5 – Common Problems on Building and Development Sites
Common
Problems on
Building and
Development
Sites
•
•
Know and understand that it
is important for the right
system to be used in the right
place.
Know and understand the
problems poorly installed or
maintained systems can cause
in building and development
sites.
*P = Presentation; D = Discussion
•
•
There is a wide array of erosion and
sediment controls systems for
builders and developers.
Having those resources available is
only the first step in ensuring effective
erosion and sediment control. The
right systems must be selected, put in
place and maintained at all times.
•
•
Sample audit tool
for building and
development
sites.
Photographs.
P/D
Section
and Title
Objectives
•
Know what areas should be a
priority when inspecting
building and development
sites.
*P = Presentation; D = Discussion
Key Content Areas
•
Some of the common errors that occur
on building and development sites
include:
- Sediment fence not dug in 150mm;
- Stakes in sediment fence too wide
part;
- Sediment fence constructed across
the contour; No turnbacks on
sediment fences;
- Sediment fence fitted in area of
concentrated flow which will
make it useless.
- No stabilised entry.
- Poorly maintained stabilised
entry;
- No upslope drains controls;
- No diversion around stockpiles;
- Stockpiles above 2m high;
- Downpipes not connected as soon
as possible;
- Systems not maintained;
- Hay bales used in the wrong
place;
- Removal of all vegetation from site
when it is not necessary;
- Removal of potential filter strips,
i.e. bushland or turf, before any
construction occurs.
- Poor management of
subcontractors on site.
Resources
Required
Delivery
Duration
Method*
Section
and Title
Objectives
Key Content Areas
Resources
Required
Delivery
Duration
Method*
Sample audit
tool.
Sites within 10-15
minute drive of
training venue.
Bus to transport
learners.
P/D
Section 6 – Site Visit
Site Visit
•
•
•
Know and understand that
each site has its own
challenges.
Know and understand what to
look for with visiting sites.
Know how to support builders
and developers who are
wanting to do the right thing
in relation to erosion and
sediment control.
*P = Presentation; D = Discussion
•
•
•
•
It’s impossible to have a set plan for
erosion and sediment control for all
building and development sites
•
because they are all different and have
their own challenges.
Builders must apply some initiative in •
developing and implementing erosion
and sediment control plans on those
sites.
Authorised officers have a range of
tools that can be used to encourage
appropriate erosion control in
building and development sites.
Different tools should be used on
different occasions depending on the
circumstances and the attitude of the
builder or developer.
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
6. Training manual - authorised officers
Appendices
Erosion and Sediment Control on
Building and Development Sites:
A Training Course for Authorised
Officers
Feb 2005
Table of Contents
Section 1 – Environmental Impact of Sediment.............................. 3
Section 2 – The Laws ..................................................................... 4
Section 3 – The Causes ................................................................. 8
Section 4: The Tools and Systems................................................. 9
Section 5 – Common Problems.................................................... 12
Summary ...................................................................................... 14
Appendix 1: Summary of the Laws............................................... 15
Appendix 2 - Basic Erosion and Sediment Control Tools –
Advantages and Disadvantages................................................... 23
Appendix 3 - Draft Audit Tool for Building and Development Sites
..................................................................................................... 32
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2
Section 1 – Environmental Impact of Sediment
“It’s only a bit of dirt…what harm can it cause?”
• Adds to the nutrient load in waterways.
• Can carry contaminants, like paints and chemicals.
• Effects environmental flows.
• Blocks drains.
• Affects light penetration into waterways.
• Covers river beds.
• Scratches gills of fish.
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Section 2 – The Laws
The main laws that govern the management of
erosion and sediment control on building and
development sites are:
1.Environmental Planning and Assessment Act (1979)
• Development applications – builders/developers are
often required to submit erosion and sediment control
plans or soil and water management plans with
applications.
• Development consent – Council usually includes
erosion and sediment control conditions on
development consent.
A number of sections of the EP&A Act give Councils
authority to act against builders or developers who breech
their conditions of consent. The tools that can be used in
the relevant sections of the Act include:
• PIN – Section 127a: most often used for non-compliance
with development consent and conditions;
• Other sections include 125(1) 125b, and Section 123.
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2. Protection of Environment Operations Act (1997)
Basic thrust of this law is the concept of due diligence. The
law also introduces new enforcement tools:
• Clean Up Notices (Section 91);
- Can be issued when a pollution incident has occurred
or is likely to occur;
- Can require immediate action;
- Must specify a period in which the clean up must be
taken;
- No right of appeal - ignoring a notice is against the
law;
- Recipient required to pay a fee for receiving the
notice - $320.00;
- ARA keeps the money.
NB: Direction notice, not a penalty notice.
• Prevention Notices (Section 96);
- Can be issued when an activity is being carried on in
an environmentally unsatisfactory manner;
- Should specify actions required to ensure activity is
carried on in an environmentally satisfactory manner;
- Cannot require action within 21 days;
- Can be appealed;
- Recipient required to pay a fee for receiving the
notice - $320.00;
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• Compliance Cost Notices (Section 104);
- Enable Councils to recover the costs of ensuring
compliance with Clean Up and Prevention Notices;
- Costs con include costs for monitoring action and
costs for Council doing the clean up voluntarily or
under direction from DEC.
• Penalty Infringement Notices (PIN) (range of Sections);
- Operate like an on-the-spot fine;
- Fines attached are set in the act;
- A sample of those is outlined in the table below:
Examples of Offences from POEO
Regulations
Proposed Penalty
(individual)
Proposed Penalty
(corporation)
Section
of Act
failing to comply with a clean-up
notice
failure to pay a clean-up notice fee
failing to comply with a prevention
notice
failure to pay a prevention notice fee
polluting waters
causing air pollution
$750
$1500
91
$500
$750
$1000
$1500
94
97
$500
$750
$750
$1000
$1500
$1500
100
120
124 – 8
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3. Local Government Act (1993) (as amended 1997)
• Outlines overarching responsibilities for Council in
terms of ensuring the local environment is effectively
managed.
• Section 8 requires Councils to “Properly manage,
develop, protect, restore, enhance and conserve the
environment of the area for which it is responsible”.
• Section 124a allows Councils to issue Enforcement
Notices under the Act; a useful catch Law.
Section 3 – The Causes
• Erosion is the wearing away of the land by the action of
rainfall, running water, wind, and moving ice or
gravitational creep.
• Soil detachment (erosion) occurs when the erosive
forces from rain drop impact and/or flowing water
exceeds the soils resistance.
• Sediment is the bi-product of erosion; the small soil
particles that have been detached.
• Sedimentation occurs when the transportation of
detached soil particles ceases and soil particles settle or
fall out of suspension.
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Section 4: The Tools and Systems
Minimising Erosion
1. Minimising Impact of Flowing Water
• Diversion of upslope water where practical. Upslope water
should be diverted around the site.
• Small turf or geotextile lined catch drains or diversion banks
can be used.
• Diverted stormwater should be discharged onto stable areas,
and should not be diverted into neighbouring properties;
• Connect downpipes to stormwater as soon as gutter is fixed;
• Diversion of water around onsite stockpiles;
• Designated rubbish areas
2. Minimising Raindrop Impact
• Maintain as much vegetation on site as is practical;
• Encourage mulching of cleared areas;
A range of tools available for mulching, including:
• Plant material
• Fabrics.
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3. Minimising movement on site
• Established stockpile areas;
• Established waste minimisation areas;
• Established stabilised exit/entry point – usually
required by Council’s Standard Conditions of
Approval. Should be designed and signposted to ensure
it is a common entry and exit point for all movements
on or off site.
Sediment Control
Stabilised Entry/Fixed Points
• Usually required by Council Standard Conditions of
Approval. Should be designed and signposted to ensure it is
common entry and exit point for all movements on and off
site.
Construction notes – see green booklet.
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Sediment Control
Sediment control is about putting in place systems that slow the flow of
sediment laid water in order for sediment to settle out and be captured.
A range of tools are available for sediment control, including:
• Sediment fencing;
• Sediment socks;
• Straw Bales;
• Sandbags;
• Sand or gravel sausages;
• Sediment traps;
• Turf strips.
See Appendix 2: “Basic Erosion and Sediment Control Tools –
Advantages and Disadvantages” for more information.
Authorised Officer Training
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Section 5 – Common Problems
Typical Problems Include…
• No systems or tools at all;
• Right systems of tools but in the wrong place or poorly fitted;
• Wrong systems;
• Poorly maintained systems.
• Sediment fence not dug in 150mm;
• Stakes in sediment fence too wide apart;
• Sediment fence constructed across the contour, no turn backs;
• Sediment fence fitted in areas of concentrated flow;
• No stabilised entry;
• No upslope drain controls;
• No diversion around stockpiles;
• Stockpiles above 2m high;
Authorised Officer Training
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• Downpipes not connected as soon as roof is completed;
• Hay bales used in the wrong place;
• Removal of all vegetation from site when it’s not necessary;
• Removal if potential filter strips, i.e. bushland or turf, before
any construction occurs;
• Poor management of subcontractors on site.
See Appendix 3 – Onsite Erosion and Sediment Control Audit Tool
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Summary
Authorised Officer Training
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Appendix 1: Summary of the Laws
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An Overview of the Laws relating to the management of
erosion and sediment control on Council and other building
and development sites
There are general laws that outline Councils broad environmental
responsibilities and specific laws that outline Council operational and
management enforcement responsibilities.
Outlined below is the summary of the requirements of those laws.
The Local Government Act 1993 (as amended 1997)
The Local Government Act outlines overarching responsibilities for Council in
terms of ensuring the local environment is effectively managed.
The first stated purpose of the NSW Local Government Act (section 7a) is ‘to
provide the legal framework for an effective, efficient environmentally
responsible open system of local government in NSW.’ Another stated
purpose of the Act (section 7e) is to ‘require Council’s, Councillors and
Council employees to have regard to the principal of ecologically sustainable
development in carrying out their responsibilities.’
The Local Government Act 1993 (as amended 1997) (section 8) sets out the
charter of a local Councils in NSW and includes the requirements for a
Council to ‘properly manage, develop, protect, restore, enhance and conserve
the environment of the area for which it is responsible.’
Section 402 of The Local Government Act (1997) sets out the contents of a
Council’s draft management plan and also requires that the statement of
principal activities must include particulars with respect to ‘activities to
properly manage, develop, protect, restore and conserve the environment.’
So the Local Government Act sets a broad agenda for Council. Specific links
could then be made from this act to Councils erosion and sediment control
responsibilities in all areas of activity.
It should be noted that Council does have power to issue enforcement notices
under Section 124 of the Local Government Act but the general view of
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Councils identified through the research was that the Protection of the
Environment Operations Act (1997) was a much more useful and flexible
enforcement tool.
Protection of the Environment Operations Act (1997)
This is the main environmental protection law in NSW. This law can be used
by the Department of Environment and Conservation (DEC (NSW)) to deal
with inappropriate practice on Council sites. It can also be used by Council to
deal with inappropriate practice on building and development sites in their
area.
This Act requires any individual or organisation carrying out any activity to
ensure that activity is completed with ‘due diligence’ or ‘all reasonable care’
in order to ensure the environment is protected.
The DEC (NSW) has indicated in a number of publications that ‘due diligence’
means:
•
taking all reasonable steps to prevent pollution and protect the
environment
•
promoting action to prevent or minimise potential environmental damage
•
showing that all that could have reasonably been done to prevent an
incident from occurring has been done
•
ensuring that all precautionary and control measures are in place and are
regularly checked and maintained to minimise the risk of an
environmental incident.
As well as the broad due diligence requirements, the Act also provides the
DEC (NSW) and Council with some specific enforcement tools. These tools
include
a) Clean Up Notices (Section 91).
Under Section 91 of the Act, authorised officers do not have to wait for
the environment to be harmed before they can take action.
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Authorised officers from both the DEC (NSW) and Council can issue
Clean Up Notices at sites where they are of the view that an incident
has occurred or is likely to occur.
The Clean Up Notice is a direction notice and not a penalty notice in
that its purpose is to direct the person or organisation receiving it to
take action in order to minimise environmental harm. The Notice must
outline the actions required in broad terms and must specify a deadline
for those actions to be taken. A Clean Up Notice can require immediate
action. A Clean Up Notice can also be served verbally but must be
followed up in writing within 72 hours.
Clean Up Notices are also not appealable and so any person receiving a
Clean Up Notice must do what it says. If a person receiving a Clean Up
Notice decides not to take the nominated actions, they can receive a
Penalty Infringement Notice (PIN) for a fine of $750 for an individual
and $1500 for a corporation per day. The maximum penalty that may be
imposed upon conviction for non compliance with a notice (Section 97)
is $120 000 for individuals and $250 000 for corporations.
Councils and the DEC (NSW) can also charge an administrative fee of
$320 for the issue of a Clean Up Notice. Failure to pay this fee can also
attract a fine for up to $1000. Councils and the DEC (NSW) can decide
not to impose the fee.
Clean Up Notices appear to be the most widely used enforcement tool
for minimising erosion and sediment loss on building and development
sites.
Clean Up Notices can be used for example on building sites with no or
poorly maintained erosion and sediment control in place even if it’s not
raining. Councils have also used Clean Up Notices to require
developers to sweep the streets around their development sites at the
end of every day.
There is also authority within this Act for Councils to take the clean up
action themselves if the person receiving the notice chooses not to
within the designated time. Councils can recover the costs associated
with completing this work from the person or organisation who
received the original notice (see Part C – Compliance Cost Notices).
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b) Prevention Notices (Section 96).
Prevention Notices are for more systematic environmental challenges.
They are used in response to ‘environmentally unsatisfactory
behaviour.’ Prevention Notices are appealable and so cannot require
action within 21 days.
A Prevention Notice also outlines the actions a person is required to
take and provides a deadline for those actions to be completed. If a
Prevention Notice is not appealed or upheld on appeal and a person
chooses not to carry out the actions outlined in the prevention notice it
is a breach of the POEO Act and will attract a fine of $750 for an
individual and $1500 for a corporation per day. The maximum penalty
that may be imposed upon conviction for non compliance with a notice
(Section 97) is $120 000 for individuals and $250 000 for incorporations.
The DEC (NSW) and Council can also charge an administrative fee of
$320 for serving the notice.
Given the need to allow 21 days for any action to be implemented, it is
unlikely that many Prevention Notices will be used to encourage more
effective erosion and sediment control on Council or privately operated
building and development sites.
c) Compliance Cost Notice (Section 104)
Compliance Cost Notices enable Councils to recover the costs of
ensuring compliance with Clean Up and Prevention Notices.
These costs can include the cost of monitoring action taken under a
Clean Up or Prevention Notice and the cost of a Council doing a clean
up voluntarily or under direction from the DEC (NSW). For example if
Council issues a Clean Up Notice to a developer requiring them to
sweep the streets at the end of every day and upon investigation finds
this action has not been taken, and Council is within their rights to
bring the Councils street sweeper to the site in order to carry out the
Clean up Action. The cost of the street sweeper as well as the cost
associated with the Council officer visiting the site can all be included in
a Compliance Cost Notice. Council is also within their rights to fine the
developer for non compliance with a Clean Up Notice.
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d) Penalty Infringement Notices (PIN). (A range of Sections)
Most erosion and sediment control breaches will be dealt with through
the issue of a Penalty Infringement Notice. The Penalty Infringement
Notice operates like an ‘on the spot fine.’ The fines attached to Penalty
Infringement Notices are set in the Act. A sample of those are outlined
in the table below.
Examples of Offences from POEO Regulations
failing to comply with a clean-up notice
failure to pay a clean-up notice fee
failing to comply with a prevention notice
failure to pay a prevention notice fee
polluting waters
causing air pollution
Proposed
Penalty
(individual)
$750
$500
$750
$500
$750
$750
Proposed
Penalty
(corporation)
$1500
$1000
$1500
$1000
$1500
$1500
Section of
Act
91
94
97
100
120
124 – 8
Penalty Infringement Notices are appealable. It is imperative therefore
when issuing a Penalty Infringement Notice that all care and attention
is taken to the gathering of appropriate evidence to support your case
for the issue of a PIN.
e) Other Penalties
The POEO Act has a three tier offensive system. Tier Three offences
(minor offences) are dealt with through the issue of a Penalty
Infringement Notice.
Tier Two offences can attract penalties of up to $250 000 for
corporations and $120 000 for individuals.
Tier One offences are the most serious environmental offences. They
can attract fines of up to $1 million for a corporation, clean up costs,
frozen assets and damages while for individuals the penalty can be up
to $250 000 and/or seven years imprisonment as well as clean up costs,
frozen assets and damages
The POEO Act is a very flexible and useful piece of legislation.
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Environmental Planning and Assessment Act (1979)
The Environmental Planning and Assessment Act (EP&A) (1979) gives
Councils responsibility for the management of their land. That management
responsibility operates over a number of levels including
•
•
Land use planning (Part 3). Through the EP&A Act Councils are required
to prepare and manage land use plans. These land use plans also impose
development controls
Development assessment (Part 4). Through this part of the Act Councils
are required to assess the suitability or otherwise of all developments in
their area. Councils can exclude certain types of activities from the formal
assessment process yet these are usually only very minor.
Councils can also require specific erosion and sediment control plans or
soil or water management plans at the development assessment phase.
Councils across the state have different approaches to the process of
development assessment. Some have a common approach of requiring an
Erosion and Sediment Control Plan for developments up to 2500 square
meters and a more detailed Soil and Water Management Plan on
developments over that size.
Other councils decide on their erosion and sediment control requirements
on an ‘application by application’ basis. If the applications do not meet
Councils requirements it can be rejected.
•
Development consent. Councils usually impose erosion and sediment
control conditions on development consent. These conditions can vary
from basic requirements through the use of standard conditions to more
detailed job specific requirements.
A number of sections of the EP&A Act give Councils authority to act
against builders or developers who breach their conditions of consent. The
tools that can be used in the relevant sections of the Act include
o PIN – Section 127a
o CAN – Section 125(1) through local court prosecution
o Summons – Section 125(1) through Land and Environment
Court prosecutions
o Order 15 – through Section 121b
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o Application for Land and Environment Court orders – Through
Class 4 Section 123
Through this Act Councils have the authority to minimise the potential of
erosion and sediment control of the planning and application phases as well
as through the construction phase.
Different councils across the state used the key parts of the legislation
differently. Many have found the EP&A Act to be successful in ensuring local
environments are protected. Others have found the POEO Act to be more
helpful.
Other Legislation
While the three main laws outlined above are the main ones that Councils
need to be aware of, there are many other pieces of legislation that Councils
need to comply with, including for example:
•
National Parks and Wildlife Act (1974)
•
Threatened Species and Conservation Act (1995)
•
Coastal Protection Act (1979)
•
NSW Heritage Act (1977)
•
Fisheries Management Act (1994).
For further information
DEC (NSW) Pollution Line
Telephone: 131 555
www.epa.nsw.gov.au
(Information sheets on environmental law)
Environmental Defenders Office
Telephone: 02 9262 6989
www.edo.org.au
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Appendix 2 - Basic Erosion and Sediment
Control Tools – Advantages and Disadvantages
Authorised Officer Training
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Basic Erosion and Sediment Control Tools –
Advantages and Disadvantages
a) INTRODUCTION
The function of erosion control measures are to either protect or reinforce
the soil surface/ subsurface from the forces of erosion or convey run-off in
a non-erosive manner.
Sediment control measures aim to capture eroded soil particles by either
slowing the velocity of water flow so that soil particles can settle out by
gravity or by chemical treatment to flocculate suspended soil particles.
As sediment is only generated when soil erosion occurs, installation or
construction of erosion control measures should be the first priority.
Erosion control is also easier and cheaper than sediment control.
Although the list of measures is comprehensive it is not exhaustive. New
erosion and sediment control technologies are being developed all the
time. The measures described are proven and are known to work if
designed and implemented correctly. Permanent erosion and sediment
control measures require formal design. Failure to undertake formal
design in most instances is an unacceptable risk.
Erosion and sediment control is not rocket science, however, inappropriate
or poorly designed or installed control measures can often cause more
problems than they solve. When in doubt seek independent expert advice.
Many self proclaimed erosion and sediment control experts are product
suppliers and therefore have a vested interest in promoting their product
over what is right for the sight. Be aware of this when seeking erosion and
sediment control advice from salesmen.
Expert advice can be obtained from Certified Professionals in Erosion and
Sediment Control (CPESC) through the International Erosion Control
Association (Australasia) (IECA). The Government guideline “Managing
Authorised Officer Training
City of Sydney
© 2005 Gems Pty Limited
Page 24
Urban Stormwater – Soils & Construction” or also known as the “Blue
Book” is a great reference book that can assist with selection of products.
b) EROSION & SEDIMENT CONTROL MEASURES
Surface Roughening – Track Walking
Description: A technique that leaves the soil surface in a roughened state
to increase water infiltration, decrease and slow down run-off and to
encourage sediment retention and vegetation establishment. It also
discourages vehicular traffic across the soil surface.
Application: For any slope that is safe for the use of machinery. For trackwalking maximum 1(v):2(h).
Installation Aspects: Upslope run-off should be diverted away from the
slope to be treated.
Problems: Upslope stormwater is not diverted around area and rill erosion
will occur.
Turf
Description: Refers to a layer of topsoil and grass harvested from the field
by specialist machinery. Rolls can be supplied up to 5 m wide by 9m long.
Reinforced turf in similar to conventional turf except that grass is grown
through an artificial 2 dimensional poly-propylene grid to provide
additional strength.
Application: Turf and Reinforced Turf can be used in both sheet flow and
concentrated flow situation to provide erosion protection. It is often used
as a “softer” alternative to “hard” channel linings such as rock and concrete
in urban situations.
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© 2005 Gems Pty Limited
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Design/Construction Aspects: Turf is only capable of withstanding
relatively low flow velocities. Reinforced Turf can withstand flow
velocities a lot higher than turf. Deposited sediment can kill turf. For this
reason upstream erosion protection and sediment detention measures must
be installed before the turf can be placed. As turf and reinforced turf rely
on the grass root system for strength, the substrate on to which the turf is
being placed must be suitable for vegetation establishment. The edges of
the turf/reinforced turf must be installed flush with the existing soil
surface so that erosion along the turf/soil interface does not occur.
Problems: Deposited sediment can kill turf. Due to the way reinforced turf
is grown, the roots can become “root bound” and therefore the time for the
roots to bind into the soil surface is increased thus increasing the
erosion/failure potential.
Turf must be watered until adequately
established.
Erosion Mats and Blankets
Description: A rolled matt or blanket made from jute, coconut fibre, wool,
nylon and poly-propylene that is placed on the soil surface to protect it
from raindrop impacts and low velocity sheet and concentrated flows.
Application: Erosion control blankets are used on batters and
embankments and other sheet flow environments to protect the soil from
erosion and promote vegetation. Blankets are generally temporary
measures and are designed to biodegrade. Typically these products are
made from wood fibre, wool and jute. Erosion control matts are designed
to be used in concentrated flow environments and are therefore made from
more durable materials such as jute, coconut fibre, nylon and polypropylene.
Design/Construction Aspects: Due to the vast range of proprietary
products available, independent advice should be sought on the
appropriate matt/blanket for a particular situation. Manufactures supply
product specifications and installation guidelines.
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© 2005 Gems Pty Limited
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Problems: When blankets are placed in concentrated flow areas. A blanket
is designed to cover the ground from raindrop impact and a matt is a
heavier product designed for concentrated flow. Remember B is for
blanket as in Batter.
Rock Check Dams
Description: A small temporary rock weir structure.
constructed from sandbags and logs.
Can also be
Application: Used as temporary erosion protection and limited coarse
sediment retention in concentrated flow environments such as perimeter
and table drains by limiting flow velocity. Not to be used major flow lines
or streams.
Design/Construction Aspects: Rock check dams are temporary measures
and therefore do not require formal design.
The middle of the Check Dam must have a spillway to stop water running
around the ends.
Check dams should be installed so that the toe of the upslope check dam is
the same level as the crest of the immediate downslope dam.
Problems: Erosion around the edge of the dams due to insufficient
spillway depth. Erosion immediately downslope of the check dam to
insufficient rock protection.
Surface Mulching
Description: Mulching is the placement of a protective cover over the soil
surface to protect it from the erosive effects of raindrop impact and shallow
Authorised Officer Training
City of Sydney
© 2005 Gems Pty Limited
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sheet flows. Common mulch materials include wood chip, straw, wood
fibre, paper pulp, bagasse, brush matt and bitumen emulsion.
Application: The type of mulch to be used in dependant on the type of
environment to be protected, climatic conditions, location and available
mulch material.
Design/Construction Aspects: Common to most situations where mulches
are to be used, divert flows away from the area to be protected. The
application of mulch material should be even and uniform.
Problems: Mulch washed away due to failure to divert flows away from
mulched area. Erosion due to insufficient quantity of mulch or tackifier.
Weed infestation due to weed contaminated mulch (eg hay instead of clean
straw).
Vegetation
Description: For erosion purposes vegetation includes native and
introduced grasses, ground covers, shrubs and trees.
Application: Any erosion control program will benefit from temporary and
permanent vegetation covers. The above ground vegetative material
provides protection from raindrop impact slows flow velocities and traps
eroded soil particles. Roots help bind the soil surface thus minimising
erosion.
Problems: Weed infestation due to the use of contaminated seed.
Difficulty in maintaining an adequate vegetative cover due to climatic/soil
constraints.
Sediment Fence
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© 2005 Gems Pty Limited
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Description: A sediment fence is a temporary barrier of permeable
geotextile, partially installed in a trench and supported by posts.
Design/Construction Aspects: Not to be used in concentrated flow. Silt
fence should be installed on the contour with the ends turned up so that
the turn-up ground level is equal to the top fabric level at its lowest point.
Sediment fence must be anchored in a 150mm deep compacted backfilled
trench. The sediment fence posts must be on the downslope side of the
fabric otherwise the fabric will come away from the peg when put under
pressure.
Problems: Not installed with a turnback at either end causing water to run
around the ends. Not trenched in deep enough causing fabric to pull out of
the ground. Not compacting the trench after installation causing water to
tunnel under the sediment control fence. (you only need to compact the
ground with you boots no need for a compactor to be brought in)
Check Dams
Description: A small temporary rock weir structure.
constructed from sandbags and logs.
Can also be
Application: Used as temporary erosion protection and limited coarse
sediment retention in concentrated flow environments such as perimeter
and table drains by limiting flow velocity. Not to be used major flow lines
or streams.
Design/Construction Aspects: Rock check dams are temporary measures
and therefore do not require formal design.
Check dams should be installed so that the toe of the upslope check dam is
the same level as the crest of the immediate downslope dam.
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City of Sydney
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Problems: Erosion around the edge of the dams due to insufficient
spillway depth. Erosion immediately downslope of the check dam to
insufficient rock protection.
Straw Bales
Description: A small temporary dam. Straw bales are suitable for low
flows of water. It is only recommended that these be used in limited
applications. They maybe used to reduce the flow velocity of water.
Design/Construction Aspects Not to be used in concentrated flow. Straw
bales should be installed on the contour with the ends turned up so that the
turn-up ground level is equal to the top of the middle bale.
Straw bales should be anchored into the ground 100mm with a star picket
post to secure. The minimum number of straw bales to be used is four.
You can not make a dam with one or two straw bales.
Problems: Erosion around the edge of the straw bale dam due to
insufficient spillway depth and insufficient number of bales used.
Remember minimum number of bales to be used is four. Erosion
immediately downslope of the straw bale dam to insufficient rock
protection.
Sand Bags
Description: Sand bags are used to make a temporary sediment trap and
are measures that capture eroded sediments by slowing the velocity of
water so that the soil particles settle out. They generally do not have an
outlet they form a pond.
Application: Their function is to trap coarse sediments in both
concentrated and sheet flow situations.
They should be located
immediately downstream of disturbed areas.
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City of Sydney
© 2005 Gems Pty Limited
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Design/Construction Aspects: Sediment traps can be formed by
constructing some form of structure to form a pond using materials such as
rocks, logs, sandbags and rock-filled wire baskets.
Problems: Common problems include not building the structure large
enough to contain the amount of water that will be washed from the site.
Difficulty in cleaning out sediment, due to poor location and design.
Sediment Traps
Description: Sediment traps are measures that capture eroded sediments
by slowing the velocity of water so that the soil particles settle out. They
generally consist of a stable inlet and outlet, and some form of pond.
Application: Their function is to trap coarse sediments in concentrated
flow situations. They should be located immediately downstream of
disturbed areas.
Design/Construction Aspects: Formal design of sediment traps is required.
Sediment traps can be formed by excavating an earthen pond, or by
constructing some form of structure to form a pond using materials such as
rocks, logs, sandbags and rock-filled wire baskets.
Problems: Common problems include inlet and outlet erosion due to
inadequate erosion protection. Difficulty in cleaning out sediment due to
poor location and design.
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City of Sydney
© 2005 Gems Pty Limited
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Appendix 3 - Draft Audit Tool for Building
and Development Sites
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City of Sydney
© 2005 Gems Pty Limited
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Draft Audit Tool for Building and Development Sites
Site Address: ________________________________________ File
Ref:
_____________
Builder/Developer:
_________________________________________________________
Status
of
Construction:
______________________________________________________
Brief desc: Est Area: _________________ Level?
Or Cross Fall….2m
4m..>5m
Date of Inspection: ___/___ /___
Name
of
Inspector:
_____________________
Description
Condition
a. Sediment Fence Yes/No
Fabric buried 150mm
trench?
Stakes spaced at 3m
interval
Constructed
along
contour?
Turn-Backs installed?
Fence at least 2m from
slope?
Subject to concentrated
flows?
b. Stockpile Entrance Yes/No
Upslope
drainage
controls?
Catch drains or sed.fence
at toe?
Less than 2m high?
Covered?
c. Stabilised Entrance Yes/No
Material used? Ave.size?
Est.
Thickness
of
entrance?
Graded to sed fence?
Geo textile used?
d. Other Items:
Down pipe connected?
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Remarks
City of Sydney
© 2005 Gems Pty Limited
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Do any items need repair
or cleaning out a. to d.
above?
Evidence of Drainage and
Sed. into street?
Fencing of buffer zones?
Other concerns?
Maintenance of existing items, comments related to above:
Does the site have areas of high risk of erosion from expected rainfall? If so
what action should be taken?
Diagram of Site
Authorised Officer Training
City of Sydney
© 2005 Gems Pty Limited
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Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
7. Evaluation report - authorised officers
Appendices
ENFORCEMENT PERSONNEL TRAINING
EVALUATION REPORT
Tables Responses
1 = Strongly Agree
5 = Strongly Disagree
Question
Better understanding of laws.
More confident in providing advice.
More confident in using enforcement
1
18
10
8
2
10
20
22
3
5
3
3
4
5
Please nominate any extra areas you would like the course to cover or any areas that
should have been covered in more detail.
For retail shops – especially shops in Chinatown. How to prevent water being polluted
when cleaning their food waste in the street.
More on city sites rather than urban.
Pollution and prevention notices.
More site inspections, mainly sites with poor sediment controls.
I was confident and had a good understanding and feel that it will benefit my partners
who do not. However, I gained a better understanding of the different controls of
sediment.
More detail could be provided of what methods are not acceptable for methods that are
commonly proposed/used, e.g. not acceptable – aluminium floc, vs acceptable – gypsum
floc.
Because we are in the city and deal with a lot of construction sites, I’d like a bit more on
investigation on big sites.
Erosion control.
Water samples for water pumped off site and water pumped out of completed buildings.
Unfortunately the slides were a little difficult to see.
Emphasis on localised construction, i.e., terrace construction sedimentation control.
The course covered all the aspects including law and practice.
Regulatory framework.
Sediment control for deep excavation and mechanical pumping.
Basic material is covered.
More on what standard measures are required to stop erosion and how it works and what
are the proven best measures.
Need to expand more on mechanical pumping of dirt and what method and advice we can
give builders.
Information was helpful.
Please nominate any extra resources you believe you will need in order to allow you to
plat an effective role in minimising erosion and sediment impact from building and
development sites.
Pumping concrete – truck on roadway – more education for the drivers.
No extra resources needed.
Site visit to a really bad site.
If Council has a sediment control policy, a copy of it so we know what is approved and/or
recommended.
24 hour hotline as we work 24/7 in regards to something that is big and serious.
Video training kit to all Councils.
Photographs, diagrams in the handouts.
Information booklet on sedimentation control.
Information on case studies, and undertake a real example of sediment control.
More on passive controls.
Other comments.
Very good. Easy to understand.
Authorised Officer Training
© 2005 Gems Pty Limited
City of Sydney
2
I enjoyed seeing the sediment trap at Bovis Lead lease and the photos of what sites were
doing wrong.
Ensure everyone with appropriate PPE and authorities : e.g. – we went to a hard hat site
and were not given any hard hats.
Thank you for your time and hope to see you again on learning a bit more on the subject.
Very helpful.
Better to have a 15 minute break
Should include photographs of City sites. Need more directly relevant information.
Authorised Officer Training
© 2005 Gems Pty Limited
City of Sydney
3
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
8. Training manual - builders environment program
Appendices
Towards Effective Environmental
Management on Building and
Development Sites
Prepared for
February 2005
Table of Contents
SECTION 1 – OVERVIEW________________________________________5
1.1 Why protecting the environment is important_______________________7
SECTION 2 – WHAT THE ENVIRONMENTAL LAWS REQUIRE_________9
2.1 Enforcement as a tool for behaviour change_______________________10
2.2 The Environmental Planning and Assessment Act (1979)
(the planning law)_______________________________________________10
2.3 Protection of Environment Operations Act (1997)
(the pollution control law)________________________________________12
2.4 Local Government Act (1997) (as amended 1999) (the catch-all act)___17
SECTION 3 – STATEMENT OF ENVIRONMENTAL EFFECTS/
ENVIRONMENTAL MANAGEMENT PLANS________________________18
3.1 Statement of Environmental Effects_____________________________19
3.2 Environmental Management Plans_____________________________27
SECTION 4 – EROSION AND SEDIMENT CONTROL________________35
4.1 Why we need erosion and sediment control______________________36
4.2 Principles of erosion and sediment control_______________________39
4.3 Erosion and sediment control plans_____________________________41
4.4 Soil and water management plans______________________________50
4.5 What Council personnel may look for on erosion and sediment
control plans/soil and water management plans______________________51
4.6 Basic erosion and sediment control tools – advantages and
disadvantages___________________________________________________57
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4.7 Common erosion and sediment control problems on building
and development sites__________________________________________66
SECTION 5 – WATE MANAGEMENT_____________________________68
5.3 Who takes the waste?_______________________________________87
5.4 Encouraging waste minimisation onsite__________________________87
SECTION 6 – NOISE, HAZARDOUS CHEMICALS AND
AIR POLLUTION MANAGEMENT________________________________89
6.1
Noise
management_________________________________________90
6.1 Hazardous chemical management_____________________________90
6.3 Air pollution management____________________________________93
SECTION 7 – MANAGING SUBCONTRACTORS____________________95
7.1 Due diligence with contractors_________________________________96
7.2
Contract
conditions_________________________________________97
7.3
Subcontractor
7.4
Onsite
7.5
Conclusion________________________________________________100
education_____________________________________99
Audits______________________________________________99
SECTION 8 – SELF AUDITS____________________________________101
8.1 How often should systems be checked?________________________102
8.2 What should you look for?___________________________________102
SECTION 9 – THE SUSTAINABLE BUILDER______________________110
9.1 Sustainability and the building and development sector____________111
9.2
Encouraging
sustainability___________________________________112
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9.3
More
information__________________________________________113
APPENDIX 1 – AN OVERVIEW OF THE ENVIRONMENTAL
LAWS RELATING TO MANAGEMENT OF EROSION AND
SEDIMENT CONTROL ON COUNCIL AND OTHER BUILDING
AND DEVELOPMENT SITES___________________________________114
APPENDIX 2 – CONSTRUCTION WASTE RECYCLING DIRECTORY__122
APPENDIX 3 – NEIGHBOURHOOD NOISE LEAFLET_______________123
APPENDIX 4 – SUBCONTRACT INFORMATION LEAFLETS_________124
Disclaimer: These materials are provided for training purposes only. While GEMS Pty Ltd has
worked hard to ensure these materials are as accurate and as useful as possible, it does not accept
ant responsibility for errors or emissions in the materials. Builders, developers, councils and other
agencies should seek their own specialist advice when developing or managing their activities.
This manual was produced as a draft for a training program conducted in partnership with the
Master Builder’s association NSW in February 2005.
A final copy of the manual will be developed following the input from the draft.
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Section 1 – Overview
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I think it’s important to protect the environment
because…
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
I think the major environmental impacts of
building and development work are…
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
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1.1 Why protecting the environment is important
i) It’s the Law
• Environmental Planning and Assessment Act (1979) – the
planning law.
• Protection of the Environment Operations Act (1997) – the
pollution control law.
• Local Government Act (1993) (as amended 1997) – the cover-all
act.
• Other Laws which can become important depending of the
location and nature of the work.
ii) The Community Demand It
The Department of Environment and Conservation (DEC) “Who
Cares
About
the
Environment”
survey
in
2004
(www.environment.nsw.gov.au) found among many things:
• environment ranked third in terms of “very important” behind
family and friends;
• 87% of people said they were concerned “a great deal” or “a fair
amount” about the environment;
• 66% of people think that local councils can do more to help
protect the environment.
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iii) Your staff will welcome it (eventually)
• Gold Coast City Council
• Orica
iv) What happens if we don’t?
• Reduced quality of life.
• Impacts on health.
• Impacts on economic returns.
• Impacts on our future.
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Section 2 – What the Environmental Laws
Require
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2.1 Enforcement as a tool for behaviour change
The two main tools available for Councils and the DEC to encourage
appropriate environmental behaviours are education and
enforcement.
For many groups, education is all that is required. For others, a mix
of education and enforcement is essential, while for a small group,
the only effective tool they will respond to is enforcement.
Any DEC or Council program will include elements of both.
The use of a mix of education and enforcement has proven very
successful in a number of environmental programs including the
DEC’s “Don’t Be A Tosser” campaign.
2.2 The Environmental Planning and Assessment
Act (1979) (the planning law)
The Law Operates at three levels:
i) Land Use Planning (Part III)
Identifies what can be built where. Within this part of the Act, State
Environmental Plans (SEP), Local Environmental Plans (LEP) and
Development Control Plans (DCP) are developed.
These plans identify in broad terms the controls on any building and
development work in a particular area.
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ii) Development Assessment (Part IV)
Requires Councils and other determining authorities to assess the
suitability or otherwise of all developments in their area. Councils
can require:
• Statements of Environmental Effects;
• Erosion and Sediment Control Plans;
• Soil and Water Management Plans;
• Waste Minimisation Plans.
Most Councils will provide you with a list of what is required when
submitting a development application.
iii) Development Consent
Through the Development Consent powers of the Act, Councils can
impose conditions on any development.
All Councils will impose conditions of consent. Most use a set of
standard conditions as a base and then add extra conditions if they
deem it necessary.
One of the common standard conditions of consent requires
appropriate erosion and sediment control on jobsites. The Standard
conditions may also outline what Council’s expect to be included in
Erosion and Sediment Control Plans.
Not all the conditions of consent are the same for all Councils. Some
Councils, for example, require an Erosion and Sediment Control Plan
to be submitted with the DA, while others require it to be developed
prior to the beginning of construction.
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It is important, therefore, that you read through the conditions of
consent for each project.
The most common infringement with this law is for “non-compliance
with conditions of consent”.
iv) Enforcement provisions
Councils have a broad range of enforcement provisions they can
apply under the Act. They include:
• PIN – Section 127A;
• CAN – Section 125(1) through Local Court;
• Summons – Section 125(1) through Land and Environment
Court;
• Order 15 – Section 121B, application for local environmental
control order – Class 4, Section 727
A detailed explanation of the Environmental Planning and
Assessment Act and its requirements are included in Appendix 1 of
this manual.
2.3 Protection of Environment Operations Act
(1997) (the pollution control law)
This Law is built around the concept of “Due Diligence” or “All
Reasonable Care”.
The DEC has defined due diligence in a number of publications as:
• Promoting
action to
environmental damage.
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prevent
or
minimise
potential
12
• Showing all that could have been reasonably done to prevent
an incident from occurring has been done.
• Taking all reasonable steps to prevent pollution and protect the
environment.
• Ensuring that all precaution and control measures are in place
and are regularly checked and maintained to minimise the risk
of environmental incident.
i) Who’s in charge?
The PoEO Act makes it clear who’s responsible for enforcing the
pollution control laws on building and development sites. The law
identifies who is the Appropriate Rogatory Authority (ARA) for each
situation.
For nearly all building and development sites, the ARA will be the
loca Council. That means they are responsible for implementing the
requirements of the PoEOAct.
The DEC is the ARA for all local Council works, all scheduled works,
and the activities of all government agencies. If, for example, you
were completing work for the Department of Housing or Landcom,
the DEC would be the group responsible for ensuring environmental
compliance on those sites.
ii) What powers do they have?
The PoEO Act gives broad powers to authorised officers to protect
their local environments.
Authorised officers have, for example, equal powers of entry to the
police if they reasonably suspect pollution is occurring at a premises.
Any Council officer who visits your site must be provided access to
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the site if they are the ARA. The Council officer must obey all
occupational health and safety rules when on that site.
Authorised officers also have the power to issue both control notices
and Penalty Infringement Notices (PINs). These control notices are a
unique feature of the PoEO Act. They have been used very broadly
by local Council officers on building and construction sites.
The range of notices that can be issued under the Act include:
Clean Up Notice
• Can be issued when a pollution incident has occurred or is
likely to occur.
• Can require immediate action.
• Must specify a period in which the clean up must be taken.
• No right of appeal - ignoring a notice is against the law.
• Recipient required to pay a fee for receiving the notice - $320.00.
• ARA keeps the money
Prevention Notice
• Can be issued when an activity is being carried on in an
environmentally unsatisfactory manner
• Should specify actions required to ensure activity is carried on
in an environmentally satisfactory manner.
• Cannot require action within 21 days.
• Can be appealed.
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• Recipient required to pay a fee for receiving the notice - $320.00.
Other Notices
• Noise Control Notices - usually technical. Specify noise levels
that must be adhered to.
• Penalty Infringement Notices - used when people have broken
the law.
• Compliance Cost Notices - are to enable councils to recover the
costs of ensuring compliance with clean up and prevention
notices.
iii) What are the penalties?
There are three tiers of penalty for breaking the law.
Tier 3
For minor offences that lead to minimal environmental harm. The
penalties for these minor breaches are specified in the law. Penalties
are issued as Penalty Infringement Notices or ‘on the spot’ fines. The
penalties include:
Problem
Penalty
(individual)
Penalty
(company)
Polluting waters
$750
$1500
Causing air pollution
$200
$400
Cause emission of noise
$750
$1500
Waste dumping
$750
$1500
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Permit land to be unlawfully used
as a waste facility
$200
$400
Littering (including from vehicles)
$750
$1500
Failing to comply with a clean-up
notice
$750
$1500
Tier 2
The same offences as for Tier 3 but have more serious impact. The
penalties for Tier 2 offences are:
Individuals:
Corporations:
maximum $120,000 fine
maximum $250,000 fine
Tier 1
For incidents that lead to serious environmental harm. The penalties
for Tier 1 offences are:
Individuals:
Maximum $250,000 fine plus maximum of 7 years jail plus clean up
costs, frozen assets and damages
Corporations:
Maximum $1,000,000 fine plus clean up costs, frozen assets and
damages.
A detailed explanation of the PoEO Act is included as Appendix 1 of
this manual.
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2.4 Local Government Act (1997) (as amended
1999) (the catch-all act)
Section 8 of this Act requires Councils to “Properly manage, develop,
protect, restore, enhance and conserve the environment of the area
for which it is responsible”.
It is used as a “catch-all” Act by some Councils
A detailed explanation of the Local Government Act and its
requirements are included in Appendix 1 of this manual.
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Section 3 – Statement of Environmental
Effects/Environmental Management Plans
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3.1 Statement of Environmental Effects
Many Councils now require a Statement of Environmental Effects,
even for minor developments. This usually has to be submitted with
the DA.
Some Councils provide a framework outlining what should be
considered. Most don’t.
For developments that are “Designated” under the EP&A Act or
developments that in the opinion of the determining authority
(usually Council) have the potential to cause significant
environmental harm an Environmental Impact Statement (EIS) will
be required.
If your development requires a detailed Statement of Environmental
Effects or an EIS, you should get specialist advice.
If the requirement is, however, only for a basic document, you may
wish to complete it yourself. The Law, for example, outlines what
should be included in a Statement of Environmental Effects. A
framework for a basic Statement of Environmental Effects is also
provided within this manual.
Clause 4 Part 1.2 of Schedule 1 of the EP&A Act declares a Statement
of Environmental Effects must indicate the following matters:
• The environmental impacts of the development;
• How the environmental impacts of the development have been
identified;
• The steps to be taken to protect the environment or to lessen the
expected harm to the environment;
• Any matter required to be indicated by any guidelines issued
by the Director General for the purposes of this Clause.
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If the DA relates to residential flat development to which State
Environmental Planning Policy Number 65 – Design Quality of
Residential Flat Development applies, the Statement of
Environmental Effects should include:
• An explanation of the design in terms of the design quality
principles set out in Part 2 of State Environmental Planning Policy
No 65 – Design Quality of Residential Flat Development;
• Drawings of the proposed development in the context of
surrounding development, including the streetscape;
• Development compliance with building heights, building
height planes, setbacks and building envelope controls (if
applicable), marked on plans, sections and elevations;
• Drawings of the proposed landscape area, including species
selected and material to be used, presented in the context of the
proposed building or buildings, and the surrounding
development and its context;
• If the proposed development is within an area in which the
built form is changing, statements of the existing and likely
future context;
• Photomontages of the proposed development in the context f
surrounding development;
• A sample board of the proposed materials and colours of the
façade;
• Detailed selections of the proposed facades;
• If appropriate, a model that includes the context.
A framework for a basic Statement of Environmental Effects is
outlined on the following pages.
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Framework – Statement of Environmental
Effects
Project description
_______________________________________________________
_______________________________________________________
_______________________________________________________
Potential
Environmental
Impacts
Actions to Minimise Impacts
Water pollution – from i) Site runoff – erosion and sediment control
site runoff, chemical systems will be established on site. They will
spills,
soils
onto include where appropriate:
roadways and litter
• diversion of upslope water;
blowing off site.
• minimising extent and duration
of land disturbance;
• controlling stormwater flows
onto, through and from the site;
• using erosion control, like
mulching, maintenance of onsite
vegetation
and
common
entry/exit point, to prevent
onsite damage;
• using sediment controls, like
sediment
fences,
sandbags,
sediment sausages or hay bales
to prevent offsite damage, where
appropriate;
• stabilising
disturbed
areas
progressively;
• inspecting
and
maintaining
control measures every day.
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ii) Porta-loo management. Potential impacts
from a porta-loo onsite will be minimised by
ensuring:
• porta-loos positioned where
possible overflows will be
captured;
• porta-loo is serviced in line with
industry requirements.
iii) Chemical spill. The potential impact of
chemicals running off site will be minimised
by:
• adopting a policy of immediate
cleanup of all chemical spills;
• ensuring all chemical containers,
paint tins and other wastes are
disposed of appropriately.
iv) Litter management. The impact of litter
blowing off site will be minimised through:
• ensuring the site is kept clean at
all times;
• providing appropriate litter bins
onsite for trade and personal
waste;
• ensuring that everyone on site is
aware that it is the individual’s
responsibility to manage their
waste.
Waste – site generated i) Waste minimisation. In order to minimise
waste or waste created the amount of waste generated on this
by employees and building project, we are committed to:
subcontractors.
• developing
a
site
that
incorporates waste operations;
• making
all
subcontractors
responsible for their waste;
• clearly labelling all waste
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containers;
• ensuring that offcuts are used;
• ensuring that materials are not
damaged or contaminated so
that they can be reused;
• identifying local markets before
setting up a recycling system on
site, where appropriate;
• establishing and maintaining
systems, separating materials
onsite for recycling, where
appropriate;
• reinforcing workers for positive
waste minimisation actions;
• buying
wherever
possible
materials
with
minimal
packaging;
• requiring suppliers to accept
their packaging back.
Noise – from onsite i) Onsite activities. In order to minimise the
activities and vehicle impact of onsite activities, we will:
movements on and
• build only during the hours
offsite.
permitted by Council;
• maintain all our machinery
regularly;
• if required, fit noise suppressors;
• avoid the use of loud radios
ii) On and offsite movement. In order to
minimise the impact of on and offsite
movement, we will ensure:
• all deliveries and loading and
unloading of trucks only takes
place during the hours permitted
by Council;
• encourage all of our suppliers to
ensure their delivery and
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Hazardous materials –
could include soil
contamination,
air
pollution,
water
pollution,
chemical
spills
and
inappropriate
waste
disposal.
loading
and
unloading
equipment
is
properly
maintained;
• encourage all of our suppliers to
accept the role they have to play
minimising noise impact in
building and development work
i) Onsite activities. In order to minimise the
impact of hazardous chemicals we will:
• ensure all employees and
subcontractors are aware of our
policy of immediate cleanup of
any spill;
• ensure all employees and
subcontractors are aware of
appropriate
spill
response
procedures;
• provide where appropriate spill
response
equipment,
e.g.
material to prevent spills flowing
into drains and material to
absorb spills;
• put waste solvents, cleaners and
paints in sealed containers for
hazardous waste collection in
line with Council requirements;
• ensure all cleanups of equipment
including
painting
and
concreting
equipment
takes
place in line with Council
requirements.
ii) Asbestos (if appropriate). An asbestos
management plan will be developed for the
site in line with the requirements of Council
and Work Cover.
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Air pollution - from
dust,
smoke
and
chemical overspray.
Subcontractor impact –
from
poor
onsite
practices
iii) Lead-based paint (if appropriate). If
working with lead-based paint on a
renovation or restoration project, all work
will be carried out in line with the
requirements of Australian standard AS4361.2 “Guide to Lead Paint Management – Part
2: Residential and Commercial Buildings
(1998)”
i) In order to minimise air pollution on site,
we will, where appropriate:
• cover stockpiles;
• fit dust catchers to equipment;
• place sweepings in a bag or
cardboard box before putting
into a box before putting into a
skip to prevent the dust from
becoming airborne when the bin
is emptied;
• when excavating, keep the
surface moist to minimise dust;
• when sanding or abrasive
glassing, use low dust emitting
abrasives;
• ensure no burning off takes place
onsite;
• ensure no chemical spraying
activity takes place on high wind
days.
i) In order to minimise the potential
environmental impact of subcontractors, we
will:
• ensure all subcontractors are
aware of our organisation’s
commitment
to
minimising
environmental impact;
• place appropriate signs around
the site to remind subcontractors
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of
our
commitments
to
protecting local environments;
• incorporate, where appropriate,
conditions
in
contracts
reminding subcontractors of
their individual environmental
responsibilities;
• distribute, where appropriate,
relevant
information
to
subcontractors.
Flora and fauna – from i) All vegetation protected by Council orders
poor onsite practices
will be protected through the use of barriers.
The barriers will prevent equipment or
subcontractor impact. They will also prevent
stockpiles being established underneath
protected trees.
ii) If some trees are to be removed and
others protected, all trees to be removed will
be appropriately marked. All onsite
employees will be informed of the meaning
of those markings.
Community – from
water pollution, waste,
soil
contamination,
noise and air pollution
iii) Through implementing all of the other
methods outlined in this statement of
environmental effects, the impact on local
flora and fauna will be minimal.
i) When all of the protection methods
outlined in this statement of environmental
effects are implemented, environmental
impact of this activity on the local
community will be minimised.
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3.2 Environmental Management Plans
Along with a Statement of Environmental Effects, some Councils will
require the builder to develop an Environmental Management Plan
(EMP) to be applied during the life of the project.
A Project EMP reinforces the commitments made through the
Statement of Environmental Effects. It also provides specific details
on the controls that will be implemented, and who is responsible for
managing those controls.
An EMP should be an active document, i.e., it can change during the
life of the project as different challenges are identified.
Typical contents on an EMP
A Typical EMP will include:
•
Introduction;
•
Approvals and conditions;
•
Site plans;
•
Environmental safeguards;
•
Allocation of responsibilities;
•
Incident management procedures;
•
Reference checks (audit sheets).
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Sample EMP framework
EMPs can vary from very straightforward documents of a few pages
to detailed descriptions of onsite environmental management that
run to several hundred pages.
Whereas a Statement of Environmental Effects can include a number
of generic statements in relation to potential environmental impact,
an EMP must be related specifically to the particular project.
A sample EMP has been developed on the following pages to provide
an outline of the information that should be included. You should
consider preparing basic EMPs yourself. More detailed EMPs may
require specialist advice.
Environmental Management Plan (EMP) for
(description of job)
_______________________________________________________
_______________________________________________________
Site supervisor:
Name: _______________________ Contact No: _______________
Job Address: ____________________________________________
_______________________________________________________
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Introduction
This section should briefly describe the project including the location and
expected duration of the works. In point form it should include a summary
of the major environmental issues addressed within the body of the EMP.
Approvals and Conditions
This part of the EMP should identify the approvals and conditions that have
been imposed on the job. It should list, for example, Council’s consent
number. It should then refer to the conditions of consent, a copy of which
should be attached to this EMP.
On some projects it may also be necessary to gain approval from other
authorities, including, for example:
Sydney Water;
Department of Environment and Conservation for works requiring
pollution control approvals or licences;
• other agencies.
•
•
Most Councils will inform you if you require approval from other agencies.
Site Planning
Every EMP should have a map that indicates the key environmental features
and identifies where environmental safeguards will be implemented.
For smaller projects and non-sensitive settings, a sketch map of the site with
just essential features will suffice.
However, for major projects, the EMP site map should include:
typographic features including slopes, waterways, drains, lines, high
points;
vegetation covering, including any high conservation habited areas, areas
of intact native vegetation cover, and lower-grade weed infested areas,
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important landscape items;
location of any special items of environmental heritage sensitivity;
location of existing areas of disturbance, such as compacted areas;
roads and proposed access ways for vehicles and movements of staff and
equipment;
proposed sites of disturbance such as sites for sheds, workers amenity
areas, workers vehicles, equipment stockpiles, etc,;
proposed active worksites;
location and extent of water pollution control, runoff and silt control
devices such as detention bases, silt control fencing, staked, hay bales,
bunts, etc. (Erosion and Sediment Control Plans);
location of any other devices or equipment associated with environmental
safeguards required for the project.
Safeguards
Safeguards are usually best presented in a table. A sample of a safeguard
table is outlined on the following pages:
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Potential
Impacts
Water
pollution
Safeguards
Responsibility
Site supervisor
1. Erosion and sediment control
The impact of erosion and sediment loss will be minimised through the
implementation of the Erosion and Sediment Control Plan. Details of the
plan are included in the site plan associated with this EMP.
Along with the installation of erosion and sediment control we will:
• check the erosion and sediment controls every day and keep them in
good working condition;
• inform subcontractors of our commitment to protecting local
environments and the role they play in maintaining erosion and
sediment control systems;
• sweep the road and footpath every day and put soil behind the
sediment controls;
• ensure all deliveries and movements on and offsite are through the
common access point.
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Site supervisor
and
• ensure all subcontractors are aware of our requirement to clean up all subcontractors.
chemical spills immediately;
• ensure all concretors, painters and gyprockers use a designated
cleaning area for their equipment.
Site supervisor
3. Porta-loo management
2. Chemical spills
inspect the porta-loo and surrounding area as part of a routine
environmental inspection.
Site supervisor
4. Litter management
•
establish designated waste management area;
ensure the lids are kept down on skip bins most of the time, but
especially overnight;
• encourage all subcontractors to play their role in minimising litter
onsite.
•
•
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Waste
management
We will ensure all of the requirements as outlined in the Waste Management Site supervisor
Plan (WMP) (if required) will be implemented.
These actions include:
•
•
•
Noise
establishing designated waste areas onsite;
establishing separate bins for landfill waste and recyclable material;
encourage the reuse of materials onsite wherever appropriate.
We will ensure that we:
Site supervisor
build only during the hours permitted by Council;
maintain all our machinery regularly;
if required, fit noise suppressors;
avoid the use of loud radios.
We will:
Site supervisor
•
•
•
•
Hazardous
materials
•
•
•
•
•
ensure all cleanups of equipment, including painting and concreting
equipment, takes place in out designated cleanup area;
ensure all spills are cleaned up immediately;
ensure all employees and subcontractors are aware of our appropriate
spill response procedures;
provide appropriate spill response equipment;
put hazardous waste in bins in line with Council requirements.
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Air pollution
Site supervisor
We will ensure:
no burning takes place onsite;
all equipment requiring dust catchers will have them fitted and
maintained;
• keep the levels of stockpiles under control so they do not impact on
surrounding properties.
•
•
Subcontractor
impact
We will ensure:
all subcontractors are aware of our organisation’s commitment to
minimising environmental impact;
• place appropriate signs around the site to remind subcontractors about
commitments to protecting local environments;
• distribute, where appropriate, relevant information to subcontractors
in relation to them managing their performance appropriately.
•
Onsite auditing
Environmental Management Plans should include a copy of the builder’s onsite checklist or audit tool (see
Section 8 for more information)
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Section 4 – Erosion and Sediment Control
4.1 Why we need erosion and sediment control
Erosion and sediment loss are among the main impacts of building
and development work. Poor Erosion and Sediment Control Planning
and management by builders has generated a significant portion of
environmental fines received by builders in the past 4-5 years. This is
a significant environmental management issue.
What harm does a little bit of dirt do, anyway?
There are a number of reasons why dirt, soil or sediment needs to be
kept out of our waterways. These include
1. Most soils contain some ‘plant food’ or nutrients like phosphorous
or nitrogen. These nutrients are water soluble. When water gets on
the soil they are dissolved. Plants then draw these dissolved
nutrients into their root system. That’s how plants eat.
If you then take a bucket full of soil with these water soluble
nutrients in it and dump it into a water way then all the water
soluble nutrients will dissolve. In every waterway in Australia
there are different types of algae. Algae are very simple plants.
When there is extra plant food or nutrient in a waterway the algae
will eat it and multiply. So when there is a lot of extra nutrient
around in a waterway we get algal blooms.
Other major sources of nutrient in our waterways include
agricultural fertilisers, sewerage overflows and contaminated
ground water
2. Soils running off building sites can also be contaminated with
paints and other chemicals. These paints and other chemicals can
contain heavy metals and other poisons which will harm our
waterways.
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3. Sediment washed from building and development sites affect the
way our rivers flow by building up on the bottom of the rivers or
near the banks. This change to flow patterns in a waterway can
affect the biological systems in that waterway.
4. Sediment washed from building sites can block local drains. These
drains are designed to carry water away from a particular area. If
the drains are blocked local flooding could occur. Clearing blocked
drains is also an extra expense for either developers or the local
Council rate payers.
5. Increased sediment in waterways can affect the amount of light
penetrating in to that waterway which affects the way algae grows
and expands.
6. Increased sediment in waterways can also cover the plant and
animal communities that live on the bottom of the waterway as
well as reduce visibility in the waterway which affects the animal
life. Soil can also scratch the gills of fish
So there are lots of good reasons for wanting to keep sediment out of
our waterways.
What is erosion?
Erosion is the wearing away of the land by action of rainfall, running
water, wind, moving ice or gravitational creep. Soil detachment
(erosion) occurs when the erosive forces from raindrop impact
and/or flowing water exceed the soil’s resistance.
We can minimise erosion on building and development sites by
protecting the soil’s surface from the erosive forces of raindrop
impact and by conveying water in a non-erosive manner, e.g.,
through the use of mulch, rock, grass, and slowing the running water
down.
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Complete details of the recommended strategies for minimising
erosion on building and development sites are included on the
following pages.
What is sediment and sedimentation?
Sediment is the bi-product of erosion, the small soil particles that
have been detached. Sedimentation occurs when the transportation of
detached soil particles ceases and soil particles settle and fall out
suspension.
Sediment control measures slow the velocity of water so that soil
particles can settle out by gravity or chemically treat sediment laden
water to promote settlement of very fine suspended soil particles.
You could say that sediment control means to catch and contain
sediment before it makes its way into our waterways.
How much sediment is lost from building and development
sites?
It is impossible to identify specifically the amount of sediment that
could be lost from a building and development site because of the
number of variables involved, including, for example:
• area of exposure;
• time of exposure;
• amount of vegetation on the site;
• type of soil;
• slope of the site;
• amount of water running through the site;
• amount of water falling on the site;
Most Department of Infrastructure, Planning and Natural Resources
and Department of Environment and Conservation studies show,
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however, that sediment from building and development sites is still a
significant threat to local waterways all over the state.
4.2 Principles of Erosion and Sediment Control
Planning
Prepare an Erosion and Sediment Control Plan for your site before
works start and submit it with your building application. The plan
should show how you will prevent stormwater pollution throughout
the construction phase and until the site landscaping has been
completed, i.e., the erosion hazard has been reduced to an acceptable
level. Different controls might be necessary at different stages over
the construction phase as the nature of the site changes, e.g.,
changing drainage patterns, moving stockpiles to different places,
etc. If such changes are likely, these must be shown on the Plan.
Installation of Controls
Before works start, set up the erosion and sediment controls and
install a sign warning everyone of the penalties of pollution (this may
be provided by Council). Make sure that all site workers understand
their individual responsibilities in preventing pollution. A
recommended sequence for setting up controls is:
i)
ii)
iii)
iv)
establish a single stabilised entry/exit point to the site;
install sediment fences along the low side of the site;
divert upslope water around the site and, if necessary,
stabilise the channels and outlet;
clear only those lands which need to be disturbed during the
building works. Put up a barrier fence around areas where
the vegetation is to not be disturbed;
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v)
ensure that any stockpiles are on your land – not the
footpath of the next-door neighbour’s land. Where
necessary, seek approval from the Council or your
neighbour(s) for any offsite stockpiles. Ensure stockpiles
have appropriate erosion and sediment controls;
vi) install onsite waste receptacles, such as skips or bins, and
wind-proof litter receptacles;
vii) start building works;
viii) install and connect roof downpipes to the stormwater then
the roof is completed; and
ix) stabilise and exposed earth banks when the building works
are completed.
Maintenance of Controls
All erosion and sediment control works should be checked at least
once a week and after each rainfall event to ensure they are working
properly. Maintenance might include:
i)
ii)
iii)
Removing sediment trapped in sediment fences, catch drains
or other areas;
Topping up the gravel on the stabilised access; repairing any
erosion of drainage channels; and
Repairing damage to sediment fences.
Remember that the erosion and sediment control works might need
to change as the slope and drainage paths change during the
development phase. Best practice includes anticipation of the likely
risks and being prepared for unusual circumstances, e.g., having
spare sediment fence material on the site.
Finalisation of Works
Ensure that 75% of the site is stabilised before removing the erosion
and sediment controls. If landscaping is not completed before
handing over the site to the owners, ensure they are aware of their
responsibilities under the PoEO Act to prevent pollution.
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Four Basic Principles
i)
ii)
iii)
iv)
Make sure everyone working on the site understands how
important it is not to pollute stormwater.
Do not disturb more of the site than you have to.
Install erosion and sediment controls before starting work.
Maintain your erosion and sediment control works
throughout the construction phase.
4.3 Erosion and Sediment Control Plans
Nearly every Council across the state is now requiring
builders/developers to prepare an Erosion and Sediment Control
Plan or a Soil and Water Management Plan showing how they will
minimise soil erosion and trap sediment that may be eroded from the
site during the construction phase.
The complexity of the plan depends upon the nature and scale of any
particular development, but especially the amount of land likely to be
disturbed. Small scale development such as house extension and the
construction of small driveways will not require a plan, but should
still be undertaken in a manner which reduces pollution risk.
The plan should be a stand alone document consisting of both
drawings and a commentary that can be understood easily by all site
workers. Outlined on the following pages is a model Erosion and
Sediment Control Plan developed by Landcom for a single lot
residential building. It contains all lead key components, i.e., the
drawing, the commentary and the standard drawings.
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A Model Erosion and Sediment Control Plan
The Drawing
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Inclusions for Drawing
It is essential that the following information at the very least
represented on the drawing:
Location of site boundaries and adjoining roads;
Appropriate grades and indications of directions of fall;
Approximate location of trees and other vegetation showing
items for removal or retention (consistent with other plans
attached to the application);
• Location of site access, proposed roads and other impervious
areas, (e.g., parking areas and site facilities), existing and
proposed drainage patterns for stormwater discharge points;
• North point and scale.
•
•
•
The Commentary
The Commentary is usually provided with a drawing. The
Commentary usually outlines the sequence of events that will take
place onsite. Below is a sample commentary provided as a guideline.
1. Site works will not start until the erosion and sediment controls
outlined in clauses 2 to 4, below, are installed and functional.
2. The entry/exit of vehicles from the site will be confined to one
stabilised point. Sediment or barrier fencing will be used to restrict
all vehicular movements to that point. Stabilisation will be
achieved by either:
- constructing a sealed (e.g. concrete or asphalt) driveway
to the street
- constructing a stabilised site access following Standard
Drawing SD 6-14 or other suitable technique approved by
the Council.
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3. Sediment fences (SD 6-8) and barrier fences will be installed as
shown on the attached drawing.
4. Topsoil from the work’s area will be stripped and stockpiled (SD
4-1) for later use in landscaping the site.
5. All stockpiles will be placed in the location shown on the ESCP
and at least 2 metres clear of all areas of possible areas of
concentrated water flow, including driveways.
6. Lands to the rear of the allotment and on the footpath will not be
disturbed during works except where essential, e.g. drainage
works across the footpath. Where works are necessary, they will
be undertaken in such a way to minimise the occurrence of soil
erosion, even for short periods. They will be rehabilitated
(grassed) as soon as possible. Stockpiles will not be placed on
these lands and they will not be used as vehicle parking areas.
7. Approved bins for building waste, concrete and mortar slurries,
paints, acid washings and litter will be provided and
arrangements made for regular collection and disposal.
8. Guttering will be connected to the stormwater system or the
rainwater tank as soon as practicable.
9. Topsoil will be re-spread and all disturbed areas will be stabilized
within 20 working days of the completion of works.
10. All erosion and sediment controls will be checked at least weekly
and after rain to ensure they are maintained in a fully functional
condition.
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Standard Drawings
The Soils and Construction (Vol 1) (4th Ed. March 2004) – Managing
Urban Stormwater (the Blue Book) is the definitive guide to erosion
and sediment control for all types of works.
The Blue Book contains standard drawings for the more common
features of erosion and sediment control activities.
It is not unusual to attach standard drawings to an Erosion and
Sediment Control Plan. Outlined on the following pages are the
standard drawings included in the sample Landcom document.
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4.4 Soil and Water Management Plans
Soil and Water Management Plans are often required when a
development is large (a common rule of thumb used by planners is
for developments over 2500m2) or for sites that have the potential to
impact on environmentally significant features of local communities.
Soil and Water Management Plans are much more detailed than
Erosion and Sediment Control Plans. They are usually prepared by
people with expertise in erosion and sediment control. These would
include those personnel approved by the Consent Authority or those
certified by:
the Institution of Engineers, Australia, for engineering and
hydrology matters;
• the International Erosion Control Association CPESC Program
for soil conservation matters;
• The Australian Society of Soil Science, for collection or analysis
of soil data.
•
Along with all the information provided in an Erosion and Sediment
Control Plan, the “Managing Urban Stormwater – Soils and
Construction, Vol. 1 (March 2004) (the Blue Book) suggests Soil and
Water Management Plans should also include:
•
the location of lots, public open space, stormwater drainage
systems, schools, shopping community centres;
•
the location of land designated or zoned for special used;
•
the location and general diagrammatic representations of all
necessary erosion and sediment control BMP;
•
the location and engineering details of supporting design
calculations for all necessary sediment bases;
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•
location of basic details of any other facilities proposed to be
included as part of the development, works such as constructed
work lands, gross pollutant traps, or trash racks or trash
collection separator units.
The plan should also specify the scale, type, operation and
maintenance of all soil and water management devices in the soil and
water management program.
4.5 What Council Personnel May Look for on
Erosion and Sediment Control Plans/Soil and
Water Management Plans
Outlined below is a table that may be considered by Councils for
reviewing Erosion and Sediment Control and Soil and Water
Management Plans. This may provide some useful guidance to the
sort of matters that should be included in Plans.
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Erosion and Sediment Control Plan and Soil and Water
Management Plan Checklist
Lot
Builder/Developer
Owner
DP Number
License Number
The Map
Does the submitted ESCP or
SWMP include?
Locality of the site, a north point and
scale?
Yes or
No
Notes
Existing contours of the site
including
catchment
area
boundaries and indications of
direction of fall?
Location of and basic description of
vegetation?
Diversion of uncontaminated runoff
around the disturbed site(s)?
Location of significant natural areas
requiring special planning or
management
including
waters,
floodplains, seasonally wet areas,
areas prone to ponding/water
logging, unstable slopes, etc?
Nature and extent of earthworks,
including
cut
and
fill
and
roadworks?
Location of all soil and material
stockpiles?
Potential for the development of
acid sulphate soils?
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Does the submitted ESCP or
SWMP include?
Location of site access, proposed
roads and other impervious areas?
Yes or
No
Notes
Yes or
No
Notes
Existing and proposed drainage
patterns?
Location and type of proposed
erosion and sediment control
measures?
Site
rehabilitation
including final contours?
proposal,
Time of placement of sediment
controls?
Staging of works?
Maintenance schedule?
Supporting information
Does the plan include a brief
description of the overall erosion
and sediment control strategy for
the proposed development? Is the
following information provided
A brief description of existing site
conditions such as soils, proposed
works, impact on the site and
adjacent areas that may be affected?
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Does the plan include a brief
description of the overall erosion
and sediment control strategy for
the proposed development? Is the
following information provided
A description of any areas within
the site that have the potential for
serious
erosion
and
or
sedimentation, together with their
proposed management details?
Yes or
No
Notes
The construction sequence over the
duration of the works, This may
include a chart outlining the
sequence of works, including
erosion and sediment control
measures and their maintenance?
A brief description of the overall
site rehabilitation program?
A maintenance strategy for all
Control measures, including the
nomination of responsibility for the
follow-up maintenance required on
any permanent measures?
A brief description of how the site
controls fit into the catchment or
sub
catchment
Stormwater
Management Plan?
Construction details, calculations and notes
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Yes or
No
Notes
Are design criteria and calculations
used to size control as shown?
Are
construction
drawings
or
specifications provided on each type of
construction erosion and sediment
control measure?
Are specifications for all rehabilitation
components for the plan including
volume and rates of material used and
methods of application included?
Other Comments
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Please now move to the trigger points that should be used to identify
whether a submitted plan requires further attention
Trigger Points
There are a number of critical factors that may ‘trigger’ the need for an
ESCP or SWMP to receive extra attention.
If the submitted plans exceed any of the trigger points below they should be
submitted to further detailed review.
(The list of trigger points is not extortive. Councils should add to the list as
they consider appropriate.)
Trigger Points
Yes/No
Comments
Is the average slope
of the disturbance (If yes submit plans
area more than 10%
for further review)
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Is the duration of the
disturbance likely to
be more than four (If yes submit plans
months
for further review)
Is the area of the
disturbance
more (If yes submit plans
than one hectare?
for further review)
Will the proposed
project
involved
disturbance of water
courses
to
open (If yes submit plans
drains or channels?
for further review)
Is
the
area
of
disturbance likely to
impact on protected
or highly sensitive (If yes submit plans
local environments
for further review)
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4.6 Basic Erosion and Sediment Control Tools –
Advantages and Disadvantages
INTRODUCTION
The function of erosion control measures are to either protect or
reinforce the soil surface/ subsurface from the forces of erosion or
convey run-off in a non-erosive manner.
Sediment control measures aim to capture eroded soil particles by
either slowing the velocity of water flow so that soil particles can
settle out by gravity or by chemical treatment to flocculate suspended
soil particles.
As sediment is only generated when soil erosion occurs, installation
or construction of erosion control measures should be the first
priority. Erosion control is also easier and cheaper than sediment
control.
Although the list of measures is comprehensive it is not exhaustive.
New erosion and sediment control technologies are being developed
all the time. The measures described are proven and are known to
work if designed and implemented correctly. Permanent erosion and
sediment control measures require formal design.
Failure to
undertake formal design in most instances is an unacceptable risk.
Erosion and sediment control is not rocket science, however,
inappropriate or poorly designed or installed control measures can
often cause more problems than they solve. When in doubt seek
independent expert advice. Many self proclaimed erosion and
sediment control experts are product suppliers and therefore have a
vested interest in promoting their product over what is right for the
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sight. Be aware of this when seeking erosion and sediment control
advice from salesmen.
Expert advice can be obtained from Certified Professionals in Erosion
and Sediment Control (CPESC) through the International Erosion
Control Association (Australasia) (IECA). The Government guideline
“Managing Urban Stormwater – Soils & Construction” or also known
as the “Blue Book” is a great reference book that can assist with
selection of products.
EROSION & SEDIMENT CONTROL MEASURES
Surface Roughening – Track Walking
Description: A technique that leaves the soil surface in a roughened
state to increase water infiltration, decrease and slow down run-off
and to encourage sediment retention and vegetation establishment. It
also discourages vehicular traffic across the soil surface.
Application: For any slope that is safe for the use of machinery. For
track-walking maximum 1(v):2(h).
Installation Aspects: Upslope run-off should be diverted away from
the slope to be treated.
Problems: Upslope stormwater is not diverted around area and rill
erosion will occur.
Turf
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Description: Refers to a layer of topsoil and grass harvested from the
field by specialist machinery. Rolls can be supplied up to 5 m wide
by 9m long. Reinforced turf in similar to conventional turf except
that grass is grown through an artificial 2 dimensional polypropylene grid to provide additional strength.
Application: Turf and Reinforced Turf can be used in both sheet flow
and concentrated flow situation to provide erosion protection. It is
often used as a “softer” alternative to “hard” channel linings such as
rock and concrete in urban situations.
Design/Construction Aspects: Turf is only capable of withstanding
relatively low flow velocities. Reinforced Turf can withstand flow
velocities a lot higher than turf. Deposited sediment can kill turf. For
this reason upstream erosion protection and sediment detention
measures must be installed before the turf can be placed. As turf and
reinforced turf rely on the grass root system for strength, the
substrate on to which the turf is being placed must be suitable for
vegetation establishment. The edges of the turf/reinforced turf must
be installed flush with the existing soil surface so that erosion along
the turf/soil interface does not occur.
Problems: Deposited sediment can kill turf. Due to the way
reinforced turf is grown, the roots can become “root bound” and
therefore the time for the roots to bind into the soil surface is
increased thus increasing the erosion/failure potential. Turf must be
watered until adequately established.
Erosion Mats and Blankets
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Description: A rolled matt or blanket made from jute, coconut fibre,
wool, nylon and poly-propylene that is placed on the soil surface to
protect it from raindrop impacts and low velocity sheet and
concentrated flows.
Application: Erosion control blankets are used on batters and
embankments and other sheet flow environments to protect the soil
from erosion and promote vegetation. Blankets are generally
temporary measures and are designed to biodegrade. Typically these
products are made from wood fibre, wool and jute. Erosion control
mats are designed to be used in concentrated flow environments and
are therefore made from more durable materials such as jute, coconut
fibre, nylon and poly-propylene.
Design/Construction Aspects: Due to the vast range of proprietary
products available, independent advice should be sought on the
appropriate matt/blanket for a particular situation. Manufactures
supply product specifications and installation guidelines.
Problems: When blankets are placed in concentrated flow areas. A
blanket is designed to cover the ground from raindrop impact and a
matt is a heavier product designed for concentrated flow. Remember
B is for blanket as in Batter.
Rock Check Dams
Description: A small temporary rock weir structure. Can also be
constructed from sandbags and logs.
Application: Used as temporary erosion protection and limited
coarse sediment retention in concentrated flow environments such as
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perimeter and table drains by limiting flow velocity. Not to be used
major flow lines or streams.
Design/Construction Aspects: Rock check dams are temporary
measures and therefore do not require formal design.
The middle of the Check Dam must have a spillway to stop water
running around the ends.
Check dams should be installed so that the toe of the upslope check
dam is the same level as the crest of the immediate downslope dam.
Problems: Erosion around the edge of the dams due to insufficient
spillway depth. Erosion immediately downslope of the check dam to
insufficient rock protection.
Surface Mulching
Description: Mulching is the placement of a protective cover over the
soil surface to protect it from the erosive effects of raindrop impact
and shallow sheet flows. Common mulch materials include wood
chip, straw, wood fibre, paper pulp, bagasse, brush matt and bitumen
emulsion.
Application: The type of mulch to be used in dependant on the type
of environment to be protected, climatic conditions, location and
available mulch material.
Design/Construction Aspects: Common to most situations where
mulches are to be used, divert flows away from the area to be
protected. The application of mulch material should be even and
uniform.
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Problems: Mulch washed away due to failure to divert flows away
from mulched area. Erosion due to insufficient quantity of mulch or
tackifier. Weed infestation due to weed contaminated mulch (eg hay
instead of clean straw).
Vegetation
Description: For erosion purposes vegetation includes native and
introduced grasses, ground covers, shrubs and trees.
Application: Any erosion control program will benefit from
temporary and permanent vegetation covers. The above ground
vegetative material provides protection from raindrop impact slows
flow velocities and traps eroded soil particles. Roots help bind the
soil surface thus minimising erosion.
Problems: Weed infestation due to the use of contaminated seed.
Difficulty in maintaining an adequate vegetative cover due to
climatic/soil constraints.
Sediment Fence
Description: A sediment fence is a temporary barrier of permeable
geotextile, partially installed in a trench and supported by posts.
Design/Construction Aspects: Not to be used in concentrated flow.
Silt fence should be installed on the contour with the ends turned up
so that the turn-up ground level is equal to the top fabric level at its
lowest point.
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Sediment fence must be anchored in a 150mm deep compacted
backfilled trench. The sediment fence posts must be on the
downslope side of the fabric otherwise the fabric will come away
from the peg when put under pressure.
Problems: Not installed with a turnback at either end causing water
to run around the ends. Not trenched in deep enough causing fabric
to pull out of the ground. Not compacting the trench after
installation causing water to tunnel under the sediment control fence.
(You only need to compact the ground with you boots no need for a
compactor to be brought in.)
Check Dams
Description: A small temporary rock weir structure. Can also be
constructed from sandbags and logs.
Application: Used as temporary erosion protection and limited
coarse sediment retention in concentrated flow environments such as
perimeter and table drains by limiting flow velocity. Not to be used
major flow lines or streams.
Design/Construction Aspects: Rock check dams are temporary
measures and therefore do not require formal design.
Check dams should be installed so that the toe of the upslope check
dam is the same level as the crest of the immediate downslope dam.
Problems: Erosion around the edge of the dams due to insufficient
spillway depth. Erosion immediately downslope of the check dam to
insufficient rock protection.
Straw Bales
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Description: A small temporary dam. Straw bales are suitable for
low flows of water. It is only recommended that these be used in
limited applications. They maybe used to reduce the flow velocity of
water.
Design/Construction Aspects Not to be used in concentrated flow.
Straw bales should be installed on the contour with the ends turned
up so that the turn-up ground level is equal to the top of the middle
bale.
Straw bales should be anchored into the ground 100mm with a star
picket post to secure. The minimum number of straw bales to be
used is four. You can not make a dam with one or two straw bales.
Problems: Erosion around the edge of the straw bale dam due to
insufficient spillway depth and insufficient number of bales used.
Remember minimum number of bales to be used is four. Erosion
immediately downslope of the straw bale dam to insufficient rock
protection.
Sand Bags
Description: Sand bags are used to make a temporary sediment trap
and are measures that capture eroded sediments by slowing the
velocity of water so that the soil particles settle out. They generally
do not have an outlet they form a pond.
Application: Their function is to trap coarse sediments in both
concentrated and sheet flow situations. They should be located
immediately downstream of disturbed areas.
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Design/Construction Aspects: Sediment traps can be formed by
constructing some form of structure to form a pond using materials
such as rocks, logs, sandbags and rock-filled wire baskets.
Problems: Common problems include not building the structure
large enough to contain the amount of water that will be washed
from the site. Difficulty in cleaning out sediment, due to poor
location and design.
Sediment Traps
Description: Sediment traps are measures that capture eroded
sediments by slowing the velocity of water so that the soil particles
settle out. They generally consist of a stable inlet and outlet, and
some form of pond.
Application: Their function is to trap coarse sediments in
concentrated flow situations. They should be located immediately
downstream of disturbed areas.
Design/Construction Aspects: Formal design of sediment traps is
required. Sediment traps can be formed by excavating an earthen
pond, or by constructing some form of structure to form a pond using
materials such as rocks, logs, sandbags and rock-filled wire baskets.
Problems: Common problems include inlet and outlet erosion due to
inadequate erosion protection. Difficulty in cleaning out sediment
due to poor location and design.
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4.7 Common Erosion and Sediment Control
Problems on Building and development sites
Typical Problems Include…
•
No systems or tools at all;
•
Right systems of tools but in the wrong place or poorly fitted;
•
Wrong systems;
•
Poorly maintained systems.
•
Sediment fence not dug in 150mm;
•
Stakes in sediment fence too wide apart;
•
Sediment fence constructed across the contour, no turn backs;
•
Sediment fence fitted in areas of concentrated flow;
•
No stabilised entry;
•
No upslope drain controls;
•
No diversion around stockpiles;
•
Stockpiles above 2m high;
•
Downpipes not connected as soon as roof is completed;
•
Hay bales used in the wrong place;
•
Removal of all vegetation from site when it’s not necessary;
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•
Removal if potential filter strips, i.e. bushland or turf, before
any construction occurs;
•
Poor management of subcontractors on site.
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Section 5 – Waste Management
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Waste disposal costs have increased dramatically in the last few
years. That trend is certain to continue.
Recent studies have suggested about 10-15kg of waste is produced
per square metre (gross floor area) in building a typical brick veneer
house in Sydney. The largest waste components are timber, plaster,
board and bricks.
The amount of construction waste has become a concern for three
main reasons:
most of the resources used to make construction materials are
finite and will run out one day – recent levels of waste
production are unsustainable;
• many landfill sites in or near metropolitan areas (where most
building occurs) are full or nearly full. Creating new ones is a
waste of productive land;
• proper landfilling to avoid environmental consequences is very
expensive.
•
In order to encourage the building and construction sector to reduce
their waste, the Sydney Regional Organisations of Councils in 1996
produced a “Waste Not Development Control Plan” (DCP).
The purpose of this DCP was to ensure a responsible approach to
waste management in the construction and demolition industry.
Around 60% of Councils in the greater Sydney, Hunter and Illawarra
areas have formally adopted the Waste Not DCP.
This means that many Councils will require builders and developers
to prepare a Waste Minimisation Plan as part of their approval or
consent process.
The Waste Not guidelines included a framework Waste Management
Plan.
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Outlined on the following pages is a copy of that framework.
Examples have been included within that framework to provide
guidance to builders on how Councils will expect it to be completed.
These examples have only been provided in Sections 1 and 2, which
are the parts that builders and developers will mostly be required to
complete.
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Waste Management Plan
Demolition, Construction and Use of Premises
The applicable sections of this table must be completed and submitted with
your Development Application.
Completing this table will assist you in identifying the type of waste that will
be generated and in advising Council now you intend to reuse, recycle or
dispose of the waste.
The information provided on the form (and on your plans) will be assessed
against the objectives of the DCP.
Outline of Proposal
Site Address: _________________________________________________________________
Buildings and other structures currently on the site: _________________________________
_______________________________________________________________________________________
Brief Description of Proposal: ____________________________________________________
_____________________________________________________________________________
_______________________________________________________________________________________
The details provided on this form are the intentions for managing waste relating to this project.
Name of Applicant: _____________________________________________________________
Applicant’s address: ___________________________________________________________
_____________________________________________________________________________
_______________________________________________________________________________________
Phone: _______________________________________________________________________
Fax: _________________________________________________________________________
Signature of Applicant: ___________________ Date: _______________________________
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Stage 1 - Demolition
This is the stage with the greatest potential for waste minimisation.
Perhaps the first thing that applicants should consider is whether it is possible
to re-use existing buildings, or parts thereof, for the proposed use.
With careful onsite sorting and storage and by staging work programs it is
possible to re-use many materials, either on-site or off-site.
In other words, Council is seeking to move from the attitude of straight
demolition to a process of selected deconstruction i.e. from “trashing the
building”, to “total reuse and recycling both off-site and on-site”. This could
require a number of colour-coded or clearly labelled bins on-site (rather than
one size fits all).
Applicants should demonstrate project management that seeks to:
re-use excavated material on-site and dispose of any excess to an
approved site;
process and re-use green waste as mulch in landscaping on-site or taken
off-site for processing;
re-use bricks, tiles and concrete on-site as appropriate, or recycle offsite;
re-use framing timber on-site or recycled elsewhere;
recycle windows, doors and joinery off-site;
recycle plumbing, fittings and metal elements off-site;
dispose of all asbestos, hazardous and/or intractable wastes in
accordance with WorkCover Authority and EPA requirements;
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indicate the location of on-site storage facilities for material to be reused
on-site and a separate storage area nominated for materials to be
recycled off-site; and
nominate the destination and transportation routes of all materials to be
either recycled or disposed of off-site.
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Demolition Stage One – To be completed if you are Demolishing
(enter “NIL” if there is no demolition)
Materials On-Site
Type of
Material
DESTINATION
REUSE & RECYCLING
DISPOSAL
Estimated
ON-SITE
OFF-SITE
3
• specify
Volume (m ) • specify how • specify the
2
the
or Area (m )
materials will
contractor and
contracto
or weight (t)
be reused or
recycling
r and
recycled onoutlet
landfill
site
site
Remainder
to _______
landfill site
by _____
waste
contractor.
Excavation
Material
200
Keep and reuse
topsoil for
landscaping.
Store onsite. Use
some behind
retaining wall.
Green Waste
60
Separated. Some
chipped and
stored onsite for
reuse on
landscaping.
Remainder to
__________
landscape supplies
for
composting/reuse
Bricks
50
Clean and reuse
lime mortar
bricks for
footings, broken
bricks for
internal walls.
NIL
Concrete mortar
bricks to
_______________
______ crushing
and recycling
company.
Tiles
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Concrete
5
Reuse for
framework &
studio. Chip
remainder for
use in
landscaping.
On completion to
_____________
crushing and
recycling company
Timber –
please specify:
• Oregon pine
5
Reuse for
formwork and
studio. Chip
remainder for
use in
landscaping.
To stockpile at
_____________
transfer station by
____________
waste contractor.
Plasterboard
Metals
Asbestos
Other Waste
e.g. ceramic
tiles, paints,
plastics, PVC
tubing,
packaging,
cardboard.
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The following table is to be completed by applicants proposing any
demolition work. The following details are to be shown on your plans
•
location of on-site storage space for:
i) materials for re-use on-site;
ii) container for materials to be recycled off-site; and
iii) container for materials to be sent for disposal/landfill.
• vehicle access to the site and to the above storage and container areas.
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Please explain:
• How will waste be separated and/or stored onsite for reuse and
recycling?
• How will site operations be managed to ensure minimal waste creation
and maximum reuse and recycling?
{e.g. Staff training, selected deconstruction v. straight demolition, waste
management requirements stipulated in contracts with sub-contractors, ongoing checks by site supervisors, separate area set aside for sorted wastes, clear
signage of waste areas etc}.
Note: Details of the site area to be used for on-site separation, treatment and
storage (including weather protection) should be provided on plan drawings
accompanying your application.
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Stage 2 - Construction
Potential for Waste Minimisation During Construction Stage
You should consider the following measures that may also save resources and
minimise waste at the construction stage.
• Purchasing Policy – considering measures such as ordering the right
quantities of materials and prefabrication of materials where possible;
• Reusing formwork ;
• Minimising site disturbance, limiting unnecessary excavation;
• Careful source separation of off-cuts to facilitate re-use, resale or efficient
recycling;
• Co-ordination/sequencing of various trades.
How do I Estimate Quantities of Waste?
There are many simple techniques you can use to help you estimate volumes of
construction and demolition waste. The information below can be used as a
guide by builders, developers & homeowners when completing a waste
management plan:
To Estimate Your Waste:
a. Quantify materials for the project
b. Use margin normally allowed in ordering
c. Copy these amount of waste into you waste management
plan
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When estimating your waste the following percentages are building “rule of
thumb” and relate to renovations and small home building:
Material
Waste as a Percent of
the
Total
Material
Ordered
5-7%
5-20%
3-5%
5-10%
2-5%
Timber
Plasterboard
Concrete
Bricks
Tiles
Converting Volume into Tonnes – A Guide for Conversion
Timber:
Concrete:
Bricks:
Tiles:
Steel:
= 0.5 tone per m3
= 2.4 tone per m3
= 1.0 tone per m3
= 0.75 tone per m3
= 2-4 tone per m3
To improve your “guesstimates” and provide more reliable figures:
•
•
•
•
•
Compare your projected waste quantities with actual waste produced
Conduct waste audits of current projects
Note waste generated and disposal methods
Look at past waste disposal receipts
Record this information to help you estimate future waste management
plans
On a waste management plan, amounts of waste may be stated in - m2 or m3 or
tonnes (T).
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Construction Stage Two – To be completed if you are Constructing
Materials On-Site
Type of
Material
Estimated
Volume
(m3) or
Area (m2)
or weight
(t)
DESTINATION
REUSE & RECYCLING
ON-SITE
OFF-SITE
• specify
• specify the
how
contractor and
materials
recycling outlet
will be
reused or
recycled
on-site
Excavation
Material
Covered in
Section 1 as
part of
Demolition
Green Waste
Covered in
Section 1 as
part of
Demolition
Bricks
DISPOSAL
• specify the
contractor
and landfill
site
2
Use for fill
behind
retaining
walls.
Remainder to
____________
crushing and
recycling company.
NIL
5
Use for fill
behind
retaining
walls.
Remainder to
______________
crushing and
recycling company.
NIL
Tiles
Concrete
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Timber –
please specify
• Oregon
• Pine
• Particle
board
• Finishes
3
Chip for
landscaping.
Sell some
onsite for
firewood.
Remainder to
______________
landscape supplies
for chipping and
composting.
NIL
Plasterboard
1
Break up and
use in
landscaping
Remainder to
______________
landscape supplies
NIL
Metals –
please specify:
• Copper
• Aluminium
Other Waste
e.g. ceramic
tiles, paints,
plastics, PVC
tubing,
cardboard.
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Please explain:
• How will waste be separated and/or stored onsite for reuse and
recycling?
• How will site operations be managed to ensure minimal waste creation
and maximum reuse and recycling?
{e.g. Staff training, recycled materials used in construction, waste management
requirements stipulated in contracts with sub-contractors, on-going checks by
site supervisors, separate area set aside for sorted wastes, clear signage of
waste areas etc}.
Note: Details of site area to be used for on-site separation, treatment and
storage (including weather protection) must be provided on plan drawings
accompanying your application.
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Stage Three – Design Facilities
The following details should be shown on your plans:
• Location of temporary waste storage space within each dwelling unit;
• Location of external Waste Storage and Recycling Area(s), per dwelling unit
or located communally on site. In the latter case this could be a Garbage and
Recycling room or bin bay;
• Details of design for Waste and Recycling Storage Area(s) / Facilities and
any conveyance or volume reduction equipment;
• Location of communal composting area; and
• Access for waste collection vehicles.
Every building shall be provided with a Waste Storage and Recycling Area that
is flexible in size and layout to cater for future changes in use. The size is to be
calculated on the basis of waste generation rates and proposed bin sizes.
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Design Facilities for Final Occupants
TYPE OF
WASTE TO BE
GENERATED
EXPECTE PROPOSED ON-SITE
D VOLUME STORAGE AND
PER WEEK TREATMENT
FACILITIES
DESTINATION
For example:
• general
household
waste;
• recyclable
waste (eg.
glass bottles,
paper,
aluminium
cans etc.)
For example:
For example:
Please
• garbage & recycling
• recycling (specify
Specify
bin bay
contractor)
Litres (L) or • garbage chute
• disposal (specify
m3
contractor)
• on-site composting
• compaction equipment
Note: Details of on-site waste management facilities for the
residents/occupants should be provided on the plan drawings accompanying
your application.
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Stage 4 – Ongoing Management: Final Use/Occupation of Site
This section will enable you to describe how you intend to ensure adequate ongoing management of waste on-site when final occupation takes place (eg. lease
conditions, care-taker/manager on site).
Describe how you intend to ensure adequate on-going management of waste
on-site (eg. individual residents/occupants are responsible, body corporate,
caretaker or manager on site, lease conditions etc.).
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For a copy of the Western Sydney Recycling Directory or for assistance with
completing your waste management plan, please contact Council’s Waste
Project Officer on Ph (02) 9843 – 0505.
Thank you for the information.
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5.3 Who Takes the Waste?
Many Councils have produced local construction and demolition
waste recycling directories.
The DEC has also produced a construction and demolition waste
recycling directory. A copy is included as Appendix 2 of this manual.
If you can’t find what you need in the directory, you should
approach the local Council and see if they can provide you with some
advice or support. You may also wish to call the Pollution Line: 131
555. They may also be able to let you know who collects and disposes
of different types of construction and demolition waste in your area.
5.4 Encouraging Waste Minimisation Onsite
Waste minimisation can be achieved if we follow the key principles
of:
•
reducing the use of materials;
•
reusing materials wherever we can;
•
recycling whatever is appropriate;
•
only disposing of what’s left.
Getting everyone onsite to play their part in waste minimisation can,
however, be very challenging. In order to achieve this, there needs to
be, in some organisations and in some trades, a significant cultural
shift.
In order to encourage that cultural shift, some of the strategies used
by builders and developers have included:
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•
making all subcontractors responsible for their waste;
•
clearly labelling all waste containers;
•
training all workers to practice waste minimisation;
•
ensuring that offcuts are used;
•
ensuring that materials are not damaged or contaminated so
they cannot be reused;
•
setting up systems to separate materials onsite for recycling;
•
giving positive feedback to workers;
•
requiring suppliers to accept their packaging back, particularly
with large white goods;
•
buying materials with minimal packaging;
•
putting up signs telling workers of collecting and recycling
goals.
The Master Builder’s Association also has an excellent video “Not
Another ?*!!*? Form!”.
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Section 6 – Noise, Hazardous Chemicals and
Air Pollution Management
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6.1 Noise Management
You can minimise the noise generated by your building and
construction work through:
•
reducing machinery noise by fitting noise suppressors and
maintaining the machinery regularly;
•
building only during the hours permitted by Council.
Legislation limits the amount of noise permitted and when it is
permitted;
•
scheduling noisy trucks so as to minimise annoyance to
neighbours;
•
avoiding the use of loud radios;
•
wearing earplugs to protect your hearing.
The broad requirements of the noise control laws are outlined in the
“Neighbourhood Noise” leaflet, which is included as Appendix 3 of
this manual.
6.2 Hazardous Chemical Management
Most materials can be hazardous or dangerous to the environment if
handled or stored inappropriately. Many hazardous substances such
as chemical products are commonly used on building sites. Some
hazardous substances, such as lead paint and asbestos, may have
been used in the past. All require special precautionary practices to
protect both the environment and your health.
Builders must also have in place practices and procedures to prevent
accidental leaks and spills of potentially hazardous materials. Correct
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handling helps prevent pollution of the ground, stormwater drains
and local waterways.
Material Safety Datasheets (MSDS)
Any organisation using or storing chemicals is required to have
Material Safety Datasheet (MSDS) for these chemicals onsite.
MSDS outline the procedures for dealing with spills of that chemical,
the disposal of that chemical and its container when it is utilised and
how to deal with any poisonings that may occur.
Site supervisors must know where the MSDS are stored onsite and
the requirements of that sheet, in particular in relation to poisoning
and spill response.
Ground Contamination
Solvents, paints and other chemicals must not be allowed to soak into
the ground. Contaminants can enter the ground water and eventually
reach rivers or our drinking water. They can also make sites
unusable.
Asbestos
Work Cover has very clear guidelines for checking, managing and
removing asbestos. It is imperative that your site supervisors are
aware of those guidelines and their requirements.
Disposal of asbestos also requires special treatment. Waste Service
NSW ((02) 9934 7000) can provide advice on appropriate disposal
techniques for asbestos.
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Most recycling directories will also list organisations that are licensed
to take asbestos.
Lead Paint
Lead paint was used extensively in houses and buildings until 1970.
If you are involved in renovating or demolishing a building built
before then, you should be aware of the potential impacts of lead.
Lead dust from old paint, ceiling cavities or wall cavities can be a
major hazard.
If you are dealing with lead paint, some basic strategies should be
considered. These are outlined in “Lead Safe: A Renovators Guide to
the Dangers of Lead” (EPA 1998) and “Australian Standard AS436 1.2
“Guide to Lead Paint Management Part 2: Residential and
Commercial Buildings” (1998).
Managing Chemicals Onsite
It is important that you store paints, stains and other chemicals in a
lock-up cabinet that has an impervious floor and is bunded so that it
will hold at least 110% of the contents of the largest container stored
in the area.
Put waste solvents, cleaners and paints in sealed containers for
hazardous waste collection. Find out from your local Council where
and how to dispose of hazardous materials safely.
Take care not to spill materials such as solvents, paints and other
chemicals. Clean up all spills immediately to prevent contamination
of the ground and stormwater.
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Emergency Response Procedures
As a part of your due diligence responsibilities it is essential that you
develop emergency response procedures.
The basic requirements of the spill procedure are:
•
stop the source of the spill immediately if it is safe to do so;
•
contain the spill and control its flow;
•
stop the spill from entering any stormwater drains by blocking
the drain inlets;
•
clean up the spill promptly by following the relevant material
safety datasheet (MSDS).
It is important to clean up all spills quickly, even small ones, as they
can easily flow into stormwater drains or be washed in by the rain.
You should include a copy of your emergency spill procedure with
your Environmental Management Plan. It is also essential that all
your staff members are aware of your organisation’s spill response
requirements. Signs around the building site should also remind
subcontractors that it is a requirement of your organisation that all
spills be cleaned up immediately.
6.3 Air Pollution Management
Some of the activities on your site can affect local air quality and also
contribute to the bigger problems of urban air pollution. Air pollution
can be caused by dust, fumes, gases or smoke coming from your
activities or from the equipment you use.
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Reduce wind-blown dust from your site. Dust can cause health
problems for workers and neighbours. You should:
•
Cover materials and stockpiles.
•
Fit dust catchers to equipment.
•
Place sweepings in a bag or cardboard box before putting it into
a skip to prevent dust from becoming airborne when the bin is
emptied.
•
Put up dust screens around the edges of the site.
•
Wear facemasks and respirators to protect your health when
creating dust.
•
If you are sanding or abrasive-blasting use low-dust-emitting
abrasives. Consider wet, hydro or vacuum blasting as
alternative to dry blasting.
It is generally against the law to burn off. Place all rubbish that
cannot be reused or recycled in your waste disposal skip.
Weld in well ventilated areas, as the fumes can cause metal fume
fever and severe headaches, particularly if the galvanising zinc has
not been removed first.
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Section 7 – Managing Subcontractors
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Plumbers, electricians, gyprockers, excavators, landscapers,
bricklayers and delivery drivers are just some of the subcontractors
who move on and off building and development sites on a regular
basis.
The challenge for the builder and developer is to ensure each of the
subcontractors comply with environmental requirements while they
are working onsite.
Ultimately the builder or developer is responsible for the site and for
the most part the builder or developer is held responsible for any
environmental infringements that occur onsite.
A number of Councils are indicating that if they identify poor
practice on the part of subcontractors they will, however, act in the
first instance against the subcontractor, particularly if the builder or
developer con demonstrate due diligence in the management of that
site.
7.1 Due Diligence with Subcontractors
In order to ensure subcontractors are managed with due diligence,
you need to make sure all contractors are:
•
aware of their environmental responsibilities when on your
site;
•
aware of environmental systems that have been put in place to
minimise environmental impact, e.g., designated waste areas,
stockpile areas, sediment and erosion control systems and
waste management systems;
•
understanding of the consequences of breaking environmental
laws.
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7.2 Contract Conditions
A number of builders and developers have begun inserting
environmental conditions into their subcontracts. Essentially the
builders and developers establish a set of site rules that are listed in
the subcontract and the subcontractor is asked to sign that they
understand and acknowledge the rules and will keep to them. A
sample of those rules are outlined below.
Site Rules
Set out below is a list of requirements you are expected to maintain at
all times while working on (name of company) building sites.
1. The sediment barriers are to remain intact. If it is necessary for you
to remove the barrier, it must be reinstated before you leave that
day. When reinstating the barrier it must be trenched into the
ground at least 150mm.
2. All building rubbish and waste is to be placed in the designated
area each day.
3. All food scraps, lunch wrappings, newspapers and drink
containers are to be taken off site each day and disposed of
responsibly.
4. Do not wash within 3 metres of the street gutter. Where it is
necessary to wash out you must ensure that waste water does not
travel towards the street gutter.
5. Where it is necessary for your vehicle to leave the roadway to
unload any material or tools you must use the stabilised (road
base) access entry point only.
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6. Any mud or dirt on the roadway or on the street gutter must be
removed and swept clean before you leave that day.
7. Be aware of Councils’ allowable working hours for building sites
when either working on site or delivering materials.
8. Be considerate of adjoining neighbours when having radios
playing onsite.
You and others in your business should be aware of the law and
penalties and take all reasonable care not to harm the environment.
You need to be aware that the Department of Environment and
Conservation (DEC) as well as local Council inspectors are
empowered to monitor the industry and issue penalty infringement
notices. Under the PoEO Act, on-the-spot fines of $1500 will be
imposed. On top of this fine you may also be charged a $320
administration fee.
The law does not recognise:
• whether or not the site is difficult;
• problems that might be encountered in implementing the plan;
• whether or not you are familiar with good soil and water
standards.
If you plan to insert these types of conditions into your subcontracts,
you should first of all seek appropriate legal advice.
A number of builders have found them very handy in focusing the
attention of subcontractors on their responsibilities and to encourage
them to support the builder and developer’s environmental
management systems.
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7.3 Subcontractor Education
A number of educational resources can be utilised to make sure
subcontractors are aware of their responsibilities. These include:
•
site inductions – most builders and developers provide a site
induction to their subcontractors in order to meet the
requirements of the OH&S legislation. Site environmental
management requirements should be incorporated into those
site inductions;
•
onsite signage – many Councils these days are requiring
builders to display environmental warning signs on their
erosion and sediment control systems. Builders may consider
bringing the intent of those signs to the notice of their
subcontractors. Some builders have also developed other signs
they place around the site to support their waste, recycling and
their chemical spill response practices onsite;
•
leaflets – a number of Councils have prepared leaflets targeting
particular trades. A sample of those leaflets are included as
Appendix 4 of this document. You may wish to include copies
of these leaflets with your contracts.
7.4 Onsite Audits
You need to conduct regular basic audit checks of your sites as part
of your due diligence responsibilities (see Section 8 for more details).
A number of companies are now developing formal onsite
“Corrective Action” notices that are served on the subcontractor.
Within that Corrective Action notice you should identify:
• what the problem is;
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• when you want it fixed (e.g., immediately/within the
week/close down work area)
• who is responsible for implementing the requested changes;
• how they will report back when those changes have been
implemented.
Some local courts have found diary notes to be sufficient while others
have required a more formal notification to be delivered to the
subcontractor.
7.5 Conclusion
Subcontractors are a critical part of building and development work.
They can be a challenging group to manage.
If, however, you work with good quality subcontractors and explain
to them your commitment to environmental protection and the
benefits that will be generated for them as well, and the possible fines
that could be incurred if they don’t take any notice of the laws, you
should be able to encourage their support.
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Section 8 – Self Audits
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One of the key components of due diligence is regular checks or
audits of your onsite environmental management systems.
Council enforcement personnel regularly express concern about
builders who put a great deal of time, money and effort into
establishing excellent environmental management systems at the
beginning of a project only to see them fall apart as the project
progresses.
These builders have already spent the money they need to on
hardware. Simple maintenance would make sure they would be
meeting their environmental responsibilities and therefore not be
fined.
8.1 How Often Should Systems be Checked?
Erosion and sediment control systems should be checked at the end
of every day. Chemical storage, waste recycling and designated
cleaning areas should also be checked on a regular basis.
8.2 What Should you Look For?
In order to guide builders and developers identifying what should be
looked for on a building site, we have included a sample checklist
that is used for Council officers for visiting building sites. This is
outlined on the following pages.
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Council Officer Building Site Review Tool
Part 1
Review number: ______________________________________________
Inspection date: _______________________________________________
Officer: ______________________________________________________
Name of owner: ______________________________________________
Name of builder
(trading or registered name): ___________________________________
Name of contractors/
subcontractors (if known): _____________________________________
Contact name of person
responsible for this site: ________________________________________
Address of site: _______________________________________________
Attach a site plan or approval plans of available.
Part 2
Environmental Management
Does this building site have approval:
F Yes
F No
Does this site have require an erosion and
sediment control plan?
F Yes
F No
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If yes, is the plan used?
F Yes
F No
If yes, who is the responsible person? ____________________________
Does the site have a waste minimisation and F Yes
management plan?
F No
If yes, is it used?
F No
F Yes
If yes, who is the responsible person? ____________________________
Are all the people on site aware of their
responsibilities?
F Yes
F No
Are trainings or briefings being given?
F Yes
F No
Notes: _______________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Soil and water management
Does the site have sediment and erosion
controls in place?
F Yes
F No
Is there a single access point that is stabilised F Yes
to prevent tracking of sediment onto the road,
footpath and gutters?
F No
Are the stormwater drains around the site
free of pollution?
F No
F Yes
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Has the site retained a kerbside turf strip
to slow the speed of water?
F Yes
F No
Does the site have all stockpiles behind the
sediment fence?
F Yes
F No
Is there a designated washout area onsite?
F Yes
F No
Is there a person (builder’s rep) onsite who
F Yes
is responsible for checking and maintaining
the sediment and erosion controls regularly?
F No
Have trees and other vegetation been
retained onsite where possible?
F Yes
F No
Are the downpipes connected as soon
as the roof goes on?
F Yes
F No
Is there any evidence that anything other
F Yes
than water is flowing into stormwater drains?
F No
Are there any specific soil and water
F Yes
F No
problems associated with this site?
Details: ______________________________________________________
Waste management
Who are the waste contractors? _________________________________
Is there any evidence of inappropriate
waste management?
F Yes
F No
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Are there measures in place to:
Separate wastes onsite?
F Yes
F No
Reuse wastes onsite?
F Yes
F No
Reduce wastes onsite?
F Yes
F No
Recycle wastes?
F Yes
F No
Are wastes that are awaiting collection
contained and stored to prevent pollution?
F Yes
F No
Specific waste problems with the site: ____________________________
_____________________________________________________________
Hazardous materials
Are any materials stored in a manner that
may lead to stormwater contamination?
F Yes
F No
What spill controls are in place? _________________________________
_____________________________________________________________
Specific hazardous material problems associated with the site: ______
_____________________________________________________________
Air quality management
Is there any evidence of actions to suppress
dust?
F Yes
F No
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Specific air pollution problems with this site: _____________________
_____________________________________________________________
Noise management
When do works begin and end on the site? _______________________
Have there been any noise complaints for
the site?
F Yes
F No
Specific noise problem with the site: _____________________________
_____________________________________________________________
Part 3 – summary
General comments: ____________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Activities of specific concern
Activity of concern
Recommendation
Timetable
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Overall Assessment
F Poor
F Generally good
F Excellent
Follow-up by: ______________________________________ (date)
Person conducting review: ___________________________ (signature)
Seen by site manager: _______________________________ (signature)
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Section 9 – The Sustainable Builder
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Sustainability is all about meeting the needs of today’s generations
without compromising the quality of life for future generations.
It’s not just about environmental protection or management. It’s
about the social and economic wellbeing of our communities.
Sustainability as a philosophy is gaining more and more support
throughout the professional and general community.
The NSW Government’s “Our Environment – It’s A Living Thing” is
all about sustainable living and sustainable lifestyles. Most
professional building and development organisations including the
Master Builder’s Association have made policy commitments to the
promotion of sustainable management of building and development
sites through all phases.
A number of industry awards are also recognising building and
development companies for their sustainable management practices.
9.1 Sustainability
Development Sector
and
the
Building
and
Sustainability in the building and development sector is all about:
• planning;
• design;
• efficient resource use at all stages;
• ongoing use.
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Over the past few years, a number of practives that were once
considered different in the bilding sect6or have now become
mainstream. These include:
• use of solar power;
• water reuse;
• energy efficient appliances;
• water sensitive urban design on major developments;
• waste minimisation initiatives.
9.2 Encouraging Sustainability
The most effective way of encouraging sustainable practices in the
building and development sector is to get all the professions in that
sector working together.
Certainly builders can implement sustainable practices during the
demolition and construction of a project. These practices will have far
more impact, however, if they are being implemented through a
sustainable design and on a sustainably managed piece of land.
It is important, therefore, for builders and developers to talk to their
designers and their development colleagues. Talk to your suppliers,
talk to your customers.
Sustainable management is the way to a better future for all of us. It
is up to all of us, however, to find out what role we can play in the
implementation of our sustainable management program.
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9.3 More Information
Two very useful websites to start with are:
• DEC website – www.environment.nse.gov.au
• Department of Energy, Utilities and Sustainability (DEUS) –
www.deus.nsw.gov.au
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Appendix 1 - An Overview of the
Environmental Laws relating to the
management of erosion and sediment
control on Council and other building and
development sites
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There are general laws that outline Councils broad environmental
responsibilities and specific laws that outline Council operational and
management enforcement responsibilities.
Outlined below is the summary of the requirements of those laws.
The Local Government Act 1993 (as amended 1997)
The Local Government Act outlines overarching responsibilities for Council in
terms of ensuring the local environment is effectively managed.
The first stated purpose of the NSW Local Government Act (section 7a) is ‘to
provide the legal framework for an effective, efficient environmentally
responsible open system of local government in NSW.’ Another stated purpose
of the Act (section 7e) is to ‘require Council’s, Councillors and Council
employees to have regard to the principal of ecologically sustainable
development in carrying out their responsibilities.’
The Local Government Act 1993 (as amended 1997) (section 8) sets out the
charter of a local Councils in NSW and includes the requirements for a Council to
‘properly manage, develop, protect, restore, enhance and conserve the
environment of the area for which it is responsible.’
Section 402 of The Local Government Act (1997) sets out the contents of a
Council’s draft management plan and also requires that the statement of
principal activities must include particulars with respect to ‘activities to properly
manage, develop, protect, restore and conserve the environment.’
So the Local Government Act sets a broad agenda for Council. Specific links
could then be made from this act to Councils erosion and sediment control
responsibilities in all areas of activity.
It should be noted that Council does have power to issue enforcement notices
under Section 124 of the Local Government Act but the general view of Councils
identified through the research was that the Protection of the Environment
Operations Act (1997) was a much more useful and flexible enforcement tool.
Protection of the Environment Operations Act (1997)
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This is the main environmental protection law in NSW. This law can be used by
the Department of Environment and Conservation (DEC (NSW)) to deal with
inappropriate practice on Council sites. It can also be used by Council to deal
with inappropriate practice on building and development sites in their area.
This Act requires any individual or organisation carrying out any activity to
ensure that activity is completed with ‘due diligence’ or ‘all reasonable care’ in
order to ensure the environment is protected.
The DEC (NSW) has indicated in a number of publications that ‘due diligence’
means:
•
taking all reasonable steps to prevent pollution and protect the environment
•
promoting action to prevent or minimise potential environmental damage
•
showing that all that could have reasonably been done to prevent an incident
from occurring has been done
•
ensuring that all precautionary and control measures are in place and are
regularly checked and maintained to minimise the risk of an environmental
incident.
As well as the broad due diligence requirements, the Act also provides the DEC
(NSW) and Council with some specific enforcement tools. These tools include
a) Clean Up Notices (Section 91).
Under Section 91 of the Act, authorised officers do not have to wait for the
environment to be harmed before they can take action.
Authorised officers from both the DEC (NSW) and Council can issue Clean
Up Notices at sites where they are of the view that an incident has
occurred or is likely to occur.
The Clean Up Notice is a direction notice and not a penalty notice in that
its purpose is to direct the person or organisation receiving it to take action
in order to minimise environmental harm. The Notice must outline the
actions required in broad terms and must specify a deadline for those
actions to be taken. A Clean Up Notice can require immediate action. A
Clean Up Notice can also be served verbally but must be followed up in
writing within 72 hours.
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Clean Up Notices are also not appealable and so any person receiving a
Clean Up Notice must do what it says. If a person receiving a Clean Up
Notice decides not to take the nominated actions, they can receive a
Penalty Infringement Notice (PIN) for a fine of $750 for an individual and
$1500 for a corporation per day. The maximum penalty that may be
imposed upon conviction for non compliance with a notice (Section 97) is
$120 000 for individuals and $250 000 for corporations.
Councils and the DEC (NSW) can also charge an administrative fee of $320
for the issue of a Clean Up Notice. Failure to pay this fee can also attract a
fine for up to $1000. Councils and the DEC (NSW) can decide not to
impose the fee.
Clean Up Notices appear to be the most widely used enforcement tool for
minimising erosion and sediment loss on building and development sites.
Clean Up Notices can be used for example on building sites with no or
poorly maintained erosion and sediment control in place even if it’s not
raining. Councils have also used Clean Up Notices to require developers to
sweep the streets around their development sites at the end of every day.
There is also authority within this Act for Councils to take the clean up
action themselves if the person receiving the notice chooses not to within
the designated time. Councils can recover the costs associated with
completing this work from the person or organisation who received the
original notice (see Part C – Compliance Cost Notices).
b) Prevention Notices (Section 96).
Prevention Notices are for more systematic environmental challenges.
They are used in response to ‘environmentally unsatisfactory behaviour.’
Prevention Notices are appealable and so cannot require action within 21
days.
A Prevention Notice also outlines the actions a person is required to take
and provides a deadline for those actions to be completed. If a Prevention
Notice is not appealed or upheld on appeal and a person chooses not to
carry out the actions outlined in the prevention notice it is a breach of the
POEO Act and will attract a fine of $750 for an individual and $1500 for a
corporation per day. The maximum penalty that may be imposed upon
conviction for non compliance with a notice (Section 97) is $120 000 for
individuals and $250 000 for incorporations.
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The DEC (NSW) and Council can also charge an administrative fee of $320
for serving the notice.
Given the need to allow 21 days for any action to be implemented, it is
unlikely that many Prevention Notices will be used to encourage more
effective erosion and sediment control on Council or privately operated
building and development sites.
c) Compliance Cost Notice (Section 104)
Compliance Cost Notices enable Councils to recover the costs of ensuring
compliance with Clean Up and Prevention Notices.
These costs can include the cost of monitoring action taken under a Clean
Up or Prevention Notice and the cost of a Council doing a clean up
voluntarily or under direction from the DEC (NSW). For example if
Council issues a Clean Up Notice to a developer requiring them to sweep
the streets at the end of every day and upon investigation finds this action
has not been taken, and Council is within their rights to bring the Councils
street sweeper to the site in order to carry out the Clean up Action. The
cost of the street sweeper as well as the cost associated with the Council
officer visiting the site can all be included in a Compliance Cost Notice.
Council is also within their rights to fine the developer for non compliance
with a Clean Up Notice.
d) Penalty Infringement Notices (PIN). (A range of Sections)
Most erosion and sediment control breaches will be dealt with through the
issue of a Penalty Infringement Notice. The Penalty Infringement Notice
operates like an ‘on the spot fine.’ The fines attached to Penalty
Infringement Notices are set in the Act. A sample of those are outlined in
the table below.
Examples of Offences from POEO Regulations
failing to comply with a clean-up notice
failure to pay a clean-up notice fee
failing to comply with a prevention notice
failure to pay a prevention notice fee
polluting waters
causing air pollution
Proposed
Penalty
(individual)
$750
$500
$750
$500
$750
$750
Proposed
Penalty
(corporation)
$1500
$1000
$1500
$1000
$1500
$1500
Section of
Act
91
94
97
100
120
124 – 8
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Penalty Infringement Notices are appealable. It is imperative therefore
when issuing a Penalty Infringement Notice that all care and attention is
taken to the gathering of appropriate evidence to support your case for the
issue of a PIN.
e) Other Penalties
The POEO Act has a three tier offensive system. Tier Three offences (minor
offences) are dealt with through the issue of a Penalty Infringement Notice.
Tier Two offences can attract penalties of up to $250 000 for corporations
and $120 000 for individuals.
Tier One offences are the most serious environmental offences. They can
attract fines of up to $1 million for a corporation, clean up costs, frozen
assets and damages while for individuals the penalty can be up to $250 000
and/or seven years imprisonment as well as clean up costs, frozen assets
and damages
The POEO Act is a very flexible and useful piece of legislation.
Environmental Planning and Assessment Act (1979)
The Environmental Planning and Assessment Act (EP&A) (1979) gives Councils
responsibility for the management of their land. That management responsibility
operates over a number of levels including
•
•
Land use planning (Part 3). Through the EP&A Act Councils are required to
prepare and manage land use plans. These land use plans also impose
development controls
Development assessment (Part 4). Through this part of the Act Councils are
required to assess the suitability or otherwise of all developments in their
area. Councils can exclude certain types of activities from the formal
assessment process yet these are usually only very minor.
Councils can also require specific Erosion and Sediment Control Plans or soil
or water management plans at the development assessment phase.
Councils across the state have different approaches to the process of
development assessment. Some have a common approach of requiring an
Erosion and Sediment Control Plan for developments up to 2500 square
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meters and a more detailed Soil and Water Management Plan on
developments over that size.
Other councils decide on their erosion and sediment control requirements on
an ‘application by application’ basis. If the applications do not meet Council's
requirements it can be rejected.
•
Development consent. Councils usually impose erosion and sediment control
conditions on development consent. These conditions can vary from basic
requirements through the use of standard conditions to more detailed job
specific requirements.
A number of sections of the EP&A Act give Councils authority to act against
builders or developers who breach their conditions of consent. The tools that
can be used in the relevant sections of the Act include
o PIN – Section 127a
o CAN – Section 125(1) through local court prosecution
o Summons – Section 125(1) through Land and Environment Court
prosecutions
o Order 15 – through Section 121b
o Application for Land and Environment Court orders – Through
Class 4 Section 123
Through this Act Councils have the authority to minimise the potential of
erosion and sediment control at the planning and application phases as well as
through the construction phase.
Different councils across the state used the key parts of the legislation differently.
Many have found the EP&A Act to be successful in ensuring local environments
are protected. Others have found the POEO Act to be more helpful.
Other Legislation
While the three main laws outlined above are the main ones that Councils need
to be aware of, there are many other pieces of legislation that Councils need to
comply with, including for example:
•
National Parks and Wildlife Act (1974)
MBA Environmental Training Course
119
•
Threatened Species and Conservation Act (1995)
•
Coastal Protection Act (1979)
•
NSW Heritage Act (1977)
•
Fisheries Management Act (1994).
MBA Environmental Training Course
120
Appendix 2: Construction Waste Recycling
Directory
MBA Environmental Training Course
121
Appendix 3 – Neighbourhood Noise Leaflet
MBA Environmental Training Course
122
Appendix 4 – Subcontract Information
Leaflets
MBA Environmental Training Course
123
Appendices
City of Sydney
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
9. Evaluation report - builders environment program
Appendices
MBA Trial Environmental Training
Program Evaluation
Tabled Responses
1 = Strongly Agree
5 = Strongly Disagree
Question
Better understanding of the law
Better understanding of SEA
Would attempt basic SEA or EMP
Better understanding of necessity of erosion
and sediment control
More confident with erosion and sediment
control management
More confident with waste management
More confident with noise, hazardous waste
and air pollution management
More confident with subcontractors
More confident establishing self-audit
1
5
8
7
9
2
4
3
4
3
2
5
6
5
2
5
5
1
3
2
4
8
7
1
4
5
2
1
Please identify the component of the course that you found most worthwhile
and why.
NAME: Iliga Ilcesin
RESPONSE: Environmental legislation – well explained. Waste management –
great video.
NAME: Trevor Smith
RESPONSE: 1) The inclusion of templates, form examples, constructive
exercises.
2) Most information delivered in a way that is practical and easy
to apply within business.
NAME: Dale Anderson
RESPONSE: The implementation of sedimentary control measures.
NAME: Allan Starkey
RESPONSE: Waste management. Waste is expensive. I save money.
NAME: Ray Carden
RESPONSE: Environmental Management Plan
NAME: Oscar Andereazza
RESPONSE: Topics were well structured and delivered by the presenters in
easily understood language supported by an excellent reference document.
NAME: Antonia Krali
RESPONSE: All components were extremely helpful, but especially the
erosion and sedimentation control as it was very perceptive. The speed &
length of the course was also ideal in keeping us moving along whilst giving
us the information relevant to primary contractors.
NAME: Paul Caristo
RESPONSE: Chris – very good presenter
Sharon – good to be taught by someone with that background
NAME: Tom Peters
RESPONSE: The Law and Waste Minimisation
NAME: Dan Naidoo
RESPONSE: All areas covered within this course were beneficial which can be
applied at my workplace, home and within my community.
NAME: Andrew Summons
RESPONSE: Erosion and Sediment Control (the drain is just for rain, not
pollution).
Please identify any components of the course that you found least
worthwhile and why.
NAME: Iliga Ilcesin
RESPONSE: Noise, Air Pollution, Haz. Substances – felt it was a little rushed.
NAME: Trevor Smith
RESPONSE: 1) Pictures in slides not readily clear (due to distance – maybe
one slide per photo)
2) Less time on sediment control examples.
NAME: Dale Anderson
RESPONSE: From what I saw I liked the entire course.
NAME: Allan Starkey
RESPONSE: N/A – every component of the course was excellent
NAME: Ray Carden
RESPONSE: The second video
NAME: Oscar Andereazza
RESPONSE: I could not identify any weaknesses. However, MBA video on
Waste Minimisation referred to obtaining clean fill from a townhouse
development site which was a factory building – unlikely.
NAME: Antonia Krali
RESPONSE: All were worthwhile – I wouldn’t change/eliminate any, but I
would like more time given to contractor management and auditing with
particular strategies to encourage/achieve compliance.
NAME: Paul Caristo
RESPONSE: All important.
NAME: Tom Peters
RESPONSE: Sediment control, only because it seemed to monopolise time.
The % ratio that was devoted to it was too high. I feel other matters could
have been expanded – the pm session.
NAME: Dan Naidoo
RESPONSE: None.
NAME: Andrew Summons
RESPONSE: Managing Subcontractors (hard to control).
Please identify any aspect of environmental management on building and
development sites that you believe should have been covered by the course
and were not dealt with.
NAME: Iliga Ilcesin
RESPONSE: Role of Environmental Consultants and Private Certifiers.
NAME: Trevor Smith
RESPONSE: Possibly link some examples to “Basix” with regard to some
landscaping elements being installed earlier in project – to save double
production for diversion/catchment.
NAME: Dale Anderson
RESPONSE: The information was clear and I believe the folder will help to fill
in any gaps.
NAME: Allan Starkey
RESPONSE: Tree preservation.
NAME: Ray Carden
RESPONSE: Nil.
NAME: Oscar Andereazza
RESPONSE: Management of small/minor works and job sites (focus tended
to be on major sites).
NAME: Antonia Krali
RESPONSE: The course outlined different types of controls, but be more
specific about which circumstances require which types of control and how
each control works; i.e. I was a little lost on the way straw bales work.
NAME: Paul Caristo
RESPONSE: - Individual case specific examples
- Cultural/language barriers
- Advances in technology
NAME: Tom Peters
RESPONSE: Practical approaches to tight sites – practice examples, not just
goals.
NAME: Dan Naidoo
RESPONSE: Pollution and energy rating.
NAME: Andrew Summons
RESPONSE: Nil.
Would you recommend the course to any of our colleagues? Why/why not?
NAME: Iliga Ilcesin
RESPONSE: Yes, although recommend the course start at 8am and finish
around 5pm as the second half of the course was too rushed.
NAME: Trevor Smith
RESPONSE: Yes – filling a need for information that is loosely sought.
Amalgamation of processes usually seen as separate.
NAME: Dale Anderson
RESPONSE: Yes – because it should become common knowledge to all people
involved in the building industry.
NAME: Allan Starkey
RESPONSE: Yes – the course is very educational and awareness of penalties
and fines
NAME: Ray Carden
RESPONSE: Yes – to learn more about Environment Management of Building
Industry.
NAME: Oscar Andereazza
RESPONSE: Yes – but due to the pace of the presentation they would need to
have some understanding of laws and concepts.
NAME: Antonia Krali
RESPONSE: Absolutely – it was a very well timed course (i.e. 5 hours) and
provides all the information required for future review (which is necessary if
any real change is to be affected) but is very successful in introducing the
issues and concepts and thus introducing awareness.
NAME: Paul Caristo
RESPONSE: Yes – all builders/ head contractors should do this course.
NAME: Tom Peters
RESPONSE: Yes – with regard to obligations; management more so than mid
level due to its predominately goal oriented focus. Site level staff would be
served better with more practical details.
NAME: Dan Naidoo
RESPONSE: Yes – this will better educate all to understand the benefits to the
environment.
NAME: Andrew Summons
RESPONSE: Yes – informative.
Any other comments
NAME: Iliga Ilcesin
RESPONSE: Could you please send me some contact details for Councils that
the MBA can call re. organising 1-2 week seconolments for our staff (so they
can learn more about Environmental Compliance, inspections, hazards,
legislation, etc.).
NAME: Trevor Smith
RESPONSE: List of websites with further information.
NAME: Dale Anderson
RESPONSE: I thank the presenters in helping me to understand the method
ideas and challenges in site management.
NAME: Allan Starkey
RESPONSE: Very professional presentation.
NAME: Ray Carden
RESPONSE: Room too large.
NAME: Oscar Andereazza
RESPONSE: Excellent course that was well presented.
NAME: Antonia Krali
RESPONSE: Excellent presentation – really kept up our interest and the mix
of tasks vs videos vs slides was excellent. AND – thanks for the CD, will also
be very helpful.
NAME: Paul Caristo
RESPONSE: Should be more focused in construction industry on contents of
course. Large construction companies producing waste should factor the
control into time programs and budgets.
NAME: Tom Peters
RESPONSE: Both facilitators seemed very passionate. Chris especially had a
no nonsense approach, which I liked. Thanks for the opportunity. Didn’t
really need to bring plan.
NAME: Dan Naidoo
RESPONSE: A well presented course – highly recommend, however, should
run over a 2 day period.
NAME: Andrew Summons
RESPONSE: “Fast hitting” good impact presentation.
Addendum to Final Report NSW Stormwater Trust Grant No: ST/G 3026
10. Training manual - builders erosion and sediment controls
Appendices
Appendices
City of Sydney
Erosion and Sediment Control:
Builder and Developer Training
Participant Workbook
Prepared by
March 2005
TABLE OF CONTENTS
Section 1 – Environmental Impact of Sediment ........................ 3
Section 2 – The Laws in Relation to Erosion and Sediment
Control: An Overview................................................................... 4
Section 3 – Erosion and Sedimentation: What Causes It? ....... 8
Section 4 – Principles of Erosion and Sediment Control on
Building and Development Sites................................................. 9
Section 5 – Erosion and Sediment Control: the Tools and
Systems....................................................................................... 12
Section 6 – Erosion and Sediment Control Plans/Soil and
Water Management Plans .......................................................... 17
Section 7 – Common Problems on Building and Development
Sites ............................................................................................. 27
Section 8 – Summary ................................................................. 29
Appendix 1: Summary of the Laws........................................... 30
Appendix 2 - Basic Erosion and Sediment Control Tools –
Advantages and Disadvantages ............................................... 37
Appendix 3 - Draft Audit Tool for Building and Development
Sites ............................................................................................. 45
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Section 1 – Environmental Impact of Sediment
“It’s only a bit of dirt…what harm can it cause?”
• Adds to the nutrient load in waterways.
• Can carry contaminants, like paints and chemicals.
• Effects environmental flows.
• Blocks drains.
• Affects light penetration into waterways.
• Covers river beds.
• Scratches gills of fish.
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Section 2 – The Laws in Relation to Erosion and
Sediment Control: An Overview
The main laws that govern the management of
erosion and sediment control on building and
development sites are:
1.Environmental Planning and Assessment Act (1979)
• Development applications – builders/developers are
often required to submit erosion and sediment control
plans or soil and water management plans with
applications.
• Development consent – Council usually includes
erosion and sediment control conditions on
development consent.
A number of sections of the EP&A Act give Councils
authority to act against builders or developers who breech
their conditions of consent. The tools that can be used in
the relevant sections of the Act include:
• PIN – Section 127a: most often used for non-compliance
with development consent and conditions;
• Other sections include 125(1) 125b, and Section 123.
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2. Protection of Environment Operations Act (1997)
Basic thrust of this law is the concept of due diligence. The
law also introduces new enforcement tools:
• Clean Up Notices (Section 91);
- Can be issued when a pollution incident has occurred
or is likely to occur;
- Can require immediate action;
- Must specify a period in which the clean up must be
taken;
- No right of appeal - ignoring a notice is against the
law;
- Recipient required to pay a fee for receiving the
notice - $320.00;
- ARA keeps the money.
NB: Direction notice, not a penalty notice.
• Prevention Notices (Section 96);
- Can be issued when an activity is being carried on in
an environmentally unsatisfactory manner;
- Should specify actions required to ensure activity is
carried on in an environmentally satisfactory manner;
- Cannot require action within 21 days;
- Can be appealed;
- Recipient required to pay a fee for receiving the
notice - $320.00;
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• Compliance Cost Notices (Section 104);
- Enable Councils to recover the costs of ensuring
compliance with Clean Up and Prevention Notices;
- Costs con include costs for monitoring action and
costs for Council doing the clean up voluntarily or
under direction from DEC.
• Penalty Infringement Notices (PIN) (range of Sections);
- Operate like an on-the-spot fine;
- Fines attached are set in the act;
- A sample of those is outlined in the table below:
Examples of Offences from POEO
Regulations
Proposed Penalty
(individual)
Proposed Penalty
(corporation)
Section
of Act
failing to comply with a clean-up
notice
failure to pay a clean-up notice fee
failing to comply with a prevention
notice
failure to pay a prevention notice fee
polluting waters
causing air pollution
$750
$1500
91
$500
$750
$1000
$1500
94
97
$500
$750
$750
$1000
$1500
$1500
100
120
124 – 8
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3. Local Government Act (1993) (as amended 1997)
• Outlines overarching responsibilities for Council in
terms of ensuring the local environment is effectively
managed.
• Section 8 requires Councils to “Properly manage,
develop, protect, restore, enhance and conserve the
environment of the area for which it is responsible”.
• Section 124a allows Councils to issue Enforcement
Notices under the Act; a useful catch Law.
Section 3 – Erosion and Sedimentation: What
Causes It?
• Erosion is the wearing away of the land by the action of
rainfall, running water, wind, moving ice or
gravitational creep.
• Soil detachment (erosion) occurs when the erosive
forces from rain drop impact and/or flowing water
exceeds the soils resistance.
• Sediment is the bi-product of erosion; the small soil
particles that have been detached.
• Sedimentation occurs when the transportation of
detached soil particles ceases and soil particles settle or
fall out of suspension.
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Section 4 – Principles of Erosion and Sediment
Control on Building and Development Sites
Planning
Prepare an Erosion and Sediment Control Plan for your
site before works start and submit it with your building
application. The plan should show how you will prevent
stormwater pollution throughout the construction phase
and until the site landscaping has been completed, i.e., the
erosion hazard has been reduced to an acceptable level.
Different controls might be necessary at different stages
over the construction phase as the nature of the site
changes, e.g., changing drainage patterns, moving
stockpiles to different places, etc. If such changes are
likely, these must be shown on the Plan.
Installation of Controls
Before works start, set up the erosion and sediment
controls and install a sign warning everyone of the
penalties of pollution (this may be provided by Council).
Make sure that all site workers understand their
individual responsibilities in preventing pollution. A
recommended sequence for setting up controls is:
i)
establish a single stabilised entry/exit point to the
site;
ii) install sediment fences along the low side of the
site;
iii) divert upslope water around the site and, if
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necessary, stabilise the channels and outlet;
iv) clear only those lands which need to be disturbed
during the building works. Put up a barrier fence
around areas where the vegetation is to not be
disturbed;
v) ensure that any stockpiles are on your land – not
the footpath of the next-door neighbour’s land.
Where necessary, seek approval from the Council
or your neighbour(s) for any offsite stockpiles.
Ensure stockpiles have appropriate erosion and
sediment controls;
vi) install onsite waste receptacles, such as skips or
bins, and wind-proof litter receptacles;
vii) start building works;
viii) install and connect roof downpipes to the
stormwater then the roof is completed; and
ix) stabilise and exposed earth banks when the
building works are completed.
Maintenance of Controls
All erosion and sediment control works should be checked
at least once a week and after each rainfall event to ensure
they are working properly. Maintenance might include:
i)
Removing sediment trapped in sediment fences,
catch drains or other areas;
ii) Topping up the gravel on the stabilised access;
repairing any erosion of drainage channels; and
iii) Repairing damage to sediment fences.
Remember that the erosion and sediment control works
might need to change as the slope and drainage paths
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change during the development phase. Best practice
includes anticipation of the likely risks and being
prepared for unusual circumstances, e.g., having spare
sediment fence material on the site.
Finalisation of Works
Ensure that 75% of the site is stabilised before removing
the erosion and sediment controls. If landscaping is not
completed before handing over the site to the owners,
ensure they are aware of their responsibilities under the
PoEO Act to prevent pollution.
Four Basic Principles
i)
Make sure everyone working on the site
understands how important it is not to pollute
stormwater.
ii) Do not disturb more of the site than you have to.
iii) Install erosion and sediment controls before
starting work.
iv) Maintain your erosion and sediment control works
throughout the construction phase.
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Section 5 – Erosion and Sediment Control: the
Tools and Systems
Minimising Erosion
1. Minimising Impact of Flowing Water
• Diversion of upslope water where practical. Upslope water
should be diverted around the site.
• Small turf or geotextile lined catch drains or diversion banks
can be used.
• Diverted stormwater should be discharged onto stable areas,
and should not be diverted into neighbouring properties;
• Connect downpipes to stormwater as soon as gutter is fixed;
• Diversion of water around onsite stockpiles;
• Designated rubbish areas
2. Minimising Raindrop Impact
• Maintain as much vegetation on site as is practical;
• Encourage mulching of cleared areas;
A range of tools available for mulching, including:
• Plant material
• Fabrics.
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3. Minimising movement on site
• Established stockpile areas;
• Established waste minimisation areas;
• Established stabilised entry/exit point – usually required
by Council’s Standard Conditions of Approval. Should
be designed and signposted to ensure it is a common
entry and exit point for all movements on or off site.
The standard drawing for stabilised drawing for entry/exit
points from the “Blue Book” is outlined on the next page.
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Sediment Control
Sediment control is about putting in place systems that slow the flow of
sediment laid water in order for sediment to settle out and be captured.
A range of tools are available for sediment control, including:
• Sediment fencing (the construction notes for sediment fencing
from the “Blue Book” are outlined below);
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Waverley Municipal Council
Other sediment control devices include:
• Sediment socks;
• Hay Bales;
• Sandbags;
• Sand or gravel sausages;
• Sediment traps;
• Turf strips.
See Appendix 2: “Basic Erosion and Sediment Control Tools –
Advantages and Disadvantages” for more information.
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Section 6 – Erosion and Sediment Control
Plans/Soil and Water Management Plans
Nearly every Council across the state is now requiring
builders/developers to prepare an Erosion and Sediment
Control Plan (ESCP) or a Soil and Water Management Plan
(SWMP) showing how they will minimise soil erosion and
trap sediment that may be eroded from the site during the
construction phase.
Some Councils require this plan to be submitted with the
development application, while others require it to be
submitted before they issue a construction certificate.
The complexity of the plan depends upon the nature and
scale of any particular development, but especially the
amount of land likely to be disturbed. Small scale
development such as house extension and the construction
of small driveways will not require a plan, but should still
be undertaken in a manner which reduces pollution risk.
The plan should be a stand alone document consisting of
both drawings and a commentary that can be understood
easily by all site workers. Outlined on the following pages
is a model Erosion and Sediment Control Plan developed
by Landcom for a single lot residential building. It contains
all lead key components, i.e., the drawing, the commentary
and the standard drawings.
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A Model Erosion and Sediment Control Plan
The Drawing
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Inclusions for Drawing
It is essential that the following information at the very least
represented on the drawing:
•
•
•
•
•
Location of site boundaries and adjoining roads;
Appropriate grades and indications of directions of
fall;
Approximate location of trees and other vegetation
showing items for removal or retention (consistent
with other plans attached to the application);
Location of site access, proposed roads and other
impervious areas, (e.g., parking areas and site
facilities), existing and proposed drainage patterns for
stormwater discharge points;
North point and scale.
The Commentary
The Commentary is usually provided with a drawing. The
Commentary usually outlines the sequence of events that
will take place onsite. Below is a sample commentary
provided as a guideline.
1. Site works will not start until the erosion and sediment
controls outlined in clauses 2 to 4, below, are installed
and functional.
2. The entry/exit of vehicles from the site will be confined
to one stabilised point. Sediment or barrier fencing will
be used to restrict all vehicular movements to that point.
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Stabilisation will be achieved by either:
-
constructing a sealed (e.g. concrete or asphalt)
driveway to the street
constructing a stabilised site access following
Standard Drawing SD 6-14 or other suitable
technique approved by the Council.
3. Sediment fences (SD 6-8) and barrier fences will be
installed as shown on the attached drawing.
4. Topsoil from the work’s area will be stripped and
stockpiled (SD 4-1) for later use in landscaping the site.
5. All stockpiles will be placed in the location shown on the
ESCP and at least 2 metres clear of all areas of possible
areas of concentrated water flow, including driveways.
6. Lands to the rear of the allotment and on the footpath
will not be disturbed during works except where
essential, e.g. drainage works across the footpath. Where
works are necessary, they will be undertaken in such a
way to minimise the occurrence of soil erosion, even for
short periods. They will be rehabilitated (grassed) as
soon as possible. Stockpiles will not be placed on these
lands and they will not be used as vehicle parking areas.
7. Approved bins for building waste, concrete and mortar
slurries, paints, acid washings and litter will be provided
and arrangements made for regular collection and
disposal.
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8. Guttering will be connected to the stormwater system or
the rainwater tank as soon as practicable.
9. Topsoil will be re-spread and all disturbed areas will be
stabilized within 20 working days of the completion of
works.
10. All erosion and sediment controls will be checked at
least weekly and after rain to ensure they are maintained
in a fully functional condition.
Standard Drawings
The Soils and Construction (Vol 1) (4th Ed. March 2004) –
Managing Urban Stormwater (the Blue Book) is the
definitive guide to erosion and sediment control for all
types of works.
The Blue Book contains standard drawings for the more
common features of erosion and sediment control activities.
It is not unusual to attach standard drawings to an Erosion
and Sediment Control Plan. Outlined on the following
pages are the standard drawings included in the sample
Landcom document.
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Soil and Water Management Plans
Soil and Water Management Plans are often required when
a development is large (a common rule of thumb used by
planners is for developments over 2500m2) or for sites that
have the potential to impact on environmentally significant
features of local communities.
Soil and Water Management Plans are much more detailed
than Erosion and Sediment Control Plans. They are usually
prepared by people with expertise in erosion and sediment
control. These would include those personnel approved by
the Consent Authority or those certified by:
•
•
•
the Institution of Engineers, Australia, for engineering
and hydrology matters;
the International Erosion Control Association CPESC
Program for soil conservation matters;
The Australian Society of Soil Science, for collection or
analysis of soil data.
Along with all the information provided in an Erosion and
Sediment Control Plan, the “Managing Urban Stormwater –
Soils and Construction, Vol. 1 (March 2004) (the Blue Book)
suggests Soil and Water Management Plans should also
include:
•
the location of lots, public open space, stormwater
drainage systems, schools, shopping community
centres;
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•
the location of land designated or zoned for special
used;
•
the location and general diagrammatic representations
of all necessary erosion and sediment control BMP;
•
the location and engineering details of supporting
design calculations for all necessary sediment bases;
•
location of basic details of any other facilities proposed
to be included as part of the development, works such
as constructed work lands, gross pollutant traps, or
trash racks or trash collection separator units.
The plan should also specify the scale, type, operation and
maintenance of all soil and water management devices in
the soil and water management program.
On larger sites (where more than 2500m2 of land is
disturbed), identify all items listed above, as well as:
(i)
(ii)
the following information:
• the location of lots, public open space,
stormwater drainage systems, schools,
shopping/community centres
• the location of land designated or zoned for
special uses
• existing site contours;
the location and general diagrammatic
representations of all necessary:
• erosion and sediment control BMPs;
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(iii)
(iv)
location and engineering details with supporting
design calculations for all necessary:
• sediment basins; and
location and basic details of any other facilities
proposed to be included as part fo the development
or works, such as:
• constructed wetlands
• grass pollutant traps
• trash racks or trash collection/separator units.
Detailed design criteria for these latter facilities should be
sourced from other manuals/reports and are not an integral
part of a construction phase SWMP. Usually they are
considered as a separate function of the development
approval process.
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Section 7 – Common Problems on Building and
Development Sites
Typical Problems Include…
• No systems or tools at all;
• Right systems of tools but in the wrong place or poorly fitted;
• Wrong systems;
• Poorly maintained systems.
• Sediment fence not dug in 150mm;
• Stakes in sediment fence too wide apart;
• Sediment fence constructed across the contour, no turn backs;
• Sediment fence fitted in areas of concentrated flow;
• No stabilised entry;
• No upslope drain controls;
• No diversion around stockpiles;
• Stockpiles above 2m high;
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• Downpipes not connected as soon as roof is completed;
• Hay bales used in the wrong place;
• Removal of all vegetation from site when it’s not necessary;
• Removal if potential filter strips, i.e. bushland or turf, before
any construction occurs;
• Poor management of subcontractors on site.
See Appendix 3 – Onsite Erosion and Sediment Control Audit Tool
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Section 8 – Summary
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Appendix 1: Summary of the Laws
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An Overview of the Laws relating to the management of erosion and
sediment control on Council and other building and development
sites
There are general laws that outline Councils broad environmental responsibilities and
specific laws that outline Council operational and management enforcement
responsibilities.
Outlined below is the summary of the requirements of those laws.
The Local Government Act 1993 (as amended 1997)
The Local Government Act outlines overarching responsibilities for Council in terms of
ensuring the local environment is effectively managed.
The first stated purpose of the NSW Local Government Act (section 7a) is ‘to provide
the legal framework for an effective, efficient environmentally responsible open system
of local government in NSW.’ Another stated purpose of the Act (section 7e) is to
‘require Council’s, Councillors and Council employees to have regard to the principal of
ecologically sustainable development in carrying out their responsibilities.’
The Local Government Act 1993 (as amended 1997) (section 8) sets out the charter of a
local Councils in NSW and includes the requirements for a Council to ‘properly
manage, develop, protect, restore, enhance and conserve the environment of the area for
which it is responsible.’
Section 402 of The Local Government Act (1997) sets out the contents of a Council’s
draft management plan and also requires that the statement of principal activities must
include particulars with respect to ‘activities to properly manage, develop, protect,
restore and conserve the environment.’
So the Local Government Act sets a broad agenda for Council. Specific links could then
be made from this act to Councils erosion and sediment control responsibilities in all
areas of activity.
It should be noted that Council does have power to issue enforcement notices under
Section 124 of the Local Government Act but the general view of Councils identified
through the research was that the Protection of the Environment Operations Act (1997)
was a much more useful and flexible enforcement tool.
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Protection of the Environment Operations Act (1997)
This is the main environmental protection law in NSW. This law can be used by the
Department of Environment and Conservation (DEC (NSW)) to deal with inappropriate
practice on Council sites. It can also be used by Council to deal with inappropriate
practice on building and development sites in their area.
This Act requires any individual or organisation carrying out any activity to ensure that
activity is completed with ‘due diligence’ or ‘all reasonable care’ in order to ensure the
environment is protected.
The DEC (NSW) has indicated in a number of publications that ‘due diligence’ means:
taking all reasonable steps to prevent pollution and protect the environment
promoting action to prevent or minimise potential environmental damage
showing that all that could have reasonably been done to prevent an incident from
occurring has been done
ensuring that all precautionary and control measures are in place and are regularly
checked and maintained to minimise the risk of an environmental incident.
As well as the broad due diligence requirements, the Act also provides the DEC (NSW)
and Council with some specific enforcement tools. These tools include
Clean Up Notices (Section 91).
Under Section 91 of the Act, authorised officers do not have to wait for the environment
to be harmed before they can take action.
Authorised officers from both the DEC (NSW) and Council can issue Clean Up Notices
at sites where they are of the view that an incident has occurred or is likely to occur.
The Clean Up Notice is a direction notice and not a penalty notice in that its purpose is
to direct the person or organisation receiving it to take action in order to minimise
environmental harm. The Notice must outline the actions required in broad terms and
must specify a deadline for those actions to be taken. A Clean Up Notice can require
immediate action. A Clean Up Notice can also be served verbally but must be followed
up in writing within 72 hours.
Clean Up Notices are also not appealable and so any person receiving a Clean Up
Notice must do what it says. If a person receiving a Clean Up Notice decides not to take
the nominated actions, they can receive a Penalty Infringement Notice (PIN) for a fine of
$750 for an individual and $1500 for a corporation per day. The maximum penalty that
may be imposed upon conviction for non compliance with a notice (Section 97) is $120
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000
for
individuals
and
$250
000
for
corporations.
Councils and the DEC (NSW) can also charge an administrative fee of $320 for the issue
of a Clean Up Notice. Failure to pay this fee can also attract a fine for up to $1000.
Councils and the DEC (NSW) can decide not to impose the fee.
Clean Up Notices appear to be the most widely used enforcement tool for minimising
erosion and sediment loss on building and development sites.
Clean Up Notices can be used for example on building sites with no or poorly
maintained erosion and sediment control in place even if its not raining. Councils have
also used Clean Up Notices to require developers to sweep the streets around their
development sites at the end of every day.
There is also authority within this Act for Councils to take the clean up action
themselves if the person receiving the notice chooses not to within the designated time.
Councils can recover the costs associated with completing this work from the person or
organisation who received the original notice (see Part C – Compliance Cost Notices).
Prevention Notices (Section 96).
Prevention Notices are for more systematic environmental challenges. They are used in
response to ‘environmentally unsatisfactory behaviour.’ Prevention Notices are
appealable and so cannot require action within 21 days.
A Prevention Notice also outlines the actions a person is required to take and provides a
deadline for those actions to be completed. If a Prevention Notice is not appealed or
upheld on appeal and a person chooses not to carry out the actions outlined in the
prevention notice it is a breach of the POEO Act and will attract a fine of $750 for an
individual and $1500 for a corporation per day. The maximum penalty that may be
imposed upon conviction for non compliance with a notice (Section 97) is $120 000 for
individuals and $250 000 for incorporations.
The DEC (NSW) and Council can also charge an administrative fee of $320 for serving
the notice.
Given the need to allow 21 days for any action to be implemented, it is unlikely that
many Prevention Notices will be used to encourage more effective erosion and
sediment control on Council or privately operated building and development sites.
Compliance Cost Notice (Section 104)
Compliance Cost Notices enable Councils to recover the costs of ensuring compliance
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with Clean Up and Prevention Notices.
These costs can include the cost of monitoring action taken under a Clean Up or
Prevention Notice and the cost of a Council doing a clean up voluntarily or under
direction from the DEC (NSW). For example if Council issues a Clean Up Notice to a
developer requiring them to sweep the streets at the end of every day and upon
investigation finds this action has not been taken, and Council is within their rights to
bring the Councils street sweeper to the site in order to carry out the Clean up Action.
The cost of the street sweeper as well as the cost associated with the Council officer
visiting the site can all be included in a Compliance Cost Notice. Council is also within
their rights to fine the developer for non compliance with a Clean Up Notice.
Penalty Infringement Notices (PIN). (A range of Sections)
Most erosion and sediment control breaches will be dealt with through the issue of a
Penalty Infringement Notice. The Penalty Infringement Notice operates like an ‘on the
spot fine.’ The fines attached to Penalty Infringement Notices are set in the Act. A
sample of those are outlined in the table below.
Examples of Offences from POEO Regulations
failing to comply with a clean-up notice
failure to pay a clean-up notice fee
failing to comply with a prevention notice
failure to pay a prevention notice fee
polluting waters
causing air pollution
Proposed
Penalty
(individual)
$750
$500
$750
$500
$750
$750
Proposed
Penalty
(corporation)
$1500
$1000
$1500
$1000
$1500
$1500
Section
Act
of
91
94
97
100
120
124 – 8
Penalty Infringement Notices are appealable. It is imperative therefore when issuing a
Penalty Infringement Notice that all care and attention is taken to the gathering of
appropriate evidence to support your case for the issue of a PIN.
Other Penalties
The POEO Act has a three tier offensive system. Tier Three offences (minor offences) are
dealt with through the issue of a Penalty Infringement Notice.
Tier Two offences can attract penalties of up to $250 000 for corporations and $120 000
for individuals.
Tier One offences are the most serious environmental offences. They can attract fines of
up to $1 million for a corporation, clean up costs, frozen assets and damages while for
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individuals the penalty can be up to $250 000 and/or seven years imprisonment as well
as clean up costs, frozen assets and damages
The POEO Act is a very flexible and useful piece of legislation.
Environmental Planning and Assessment Act (1979)
The Environmental Planning and Assessment Act (EP&A) (1979) gives Councils
responsibility for the management of their land. That management responsibility
operates over a number of levels including
Land use planning (Part 3). Through the EP&A Act Councils are required to prepare
and manage land use plans. These land use plans also impose development controls
Development assessment (Part 4). Through this part of the Act Councils are required to
assess the suitability or otherwise of all developments in their area. Councils can
exclude certain types of activities from the formal assessment process yet these are
usually only very minor.
Councils can also require specific erosion and sediment control plans or soil or water
management plans at the development assessment phase.
Councils across the state have different approaches to the process of development
assessment. Some have a common approach of requiring an Erosion and Sediment
Control Plan for developments up to 2500 square meters and a more detailed Soil and
Water Management Plan on developments over that size.
Other councils decide on their erosion and sediment control requirements on an
‘application by application’ basis. If the applications do not meet councils requirements
it can be rejected.
Development consent. Councils usually impose erosion and sediment control
conditions on development consent. These conditions can vary from basic requirements
through the use of standard conditions to more detailed job specific requirements.
A number of sections of the EP&A Act give Councils authority to act against builders or
developers who breach their conditions of consent. The tools that can be used in the
relevant sections of the Act include
PIN – Section 127a
CAN – Section 125(1) through local court prosecution
Summons – Section 125(1) through Land and Environment Court prosecutions
Order 15 – through Section 121b
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Application for Land and Environment Court orders – Through Class 4 Section 123
Through this Act Councils have the authority to minimise the potential of erosion and
sediment control af the planning and application phases as well as through the
construction phase.
Different councils across the state used the key parts of the legislation differently. Many
have found the EP&A Act to be successful in ensuring local environments are protected.
Others have found the POEO Act to be more helpful.
Other Legislation
While the three main laws outlined above are the main ones that Councils need to be
aware of, there are many other pieces of legislation that Councils need to comply with,
including for example:
National Parks and Wildlife Act (1974)
Threatened Species and Conservation Act (1995)
Coastal Protection Act (1979)
NSW Heritage Act (1977)
Fisheries Management Act (1994).
For further information
DEC (NSW) Pollution Line
Telephone: 131 555
www.epa.nsw.gov.au
(Information sheets on environmental law)
Environmental Defenders Office
Telephone: 02 9262 6989
www.edo.org.au
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Appendix 2 - Basic Erosion and Sediment
Control Tools – Advantages and
Disadvantages
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Basic Erosion and Sediment Control Tools – Advantages and
Disadvantages
INTRODUCTION
The function of erosion control measures are to either protect or reinforce the
soil surface/ subsurface from the forces of erosion or convey run-off in a nonerosive manner.
Sediment control measures aim to capture eroded soil particles by either
slowing the velocity of water flow so that soil particles can settle out by
gravity or by chemical treatment to flocculate suspended soil particles.
As sediment is only generated when soil erosion occurs, installation or
construction of erosion control measures should be the first priority. Erosion
control is also easier and cheaper than sediment control.
Although the list of measures is comprehensive it is not exhaustive. New
erosion and sediment control technologies are being developed all the time.
The measures described are proven and are known to work if designed and
implemented correctly. Permanent erosion and sediment control measures
require formal design. Failure to undertake formal design in most instances is
an unacceptable risk.
Erosion and sediment control is not rocket science, however, inappropriate or
poorly designed or installed control measures can often cause more problems
than they solve. When in doubt seek independent expert advice. Many self
proclaimed erosion and sediment control experts are product suppliers and
therefore have a vested interest in promoting their product over what is right
for the sight. Be aware of this when seeking erosion and sediment control
advice from salesmen.
Expert advice can be obtained from Certified Professionals in Erosion and
Sediment Control (CPESC) through the International Erosion Control
Association (Australasia) (IECA). The Government guideline “Managing
Urban Stormwater – Soils & Construction” or also known as the “Blue Book”
is a great reference book that can assist with selection of products.
EROSION & SEDIMENT CONTROL MEASURES
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Surface Roughening – Track Walking
Description: A technique that leaves the soil surface in a roughened state to
increase water infiltration, decrease and slow down run-off and to encourage
sediment retention and vegetation establishment.
It also discourages
vehicular traffic across the soil surface.
Application: For any slope that is safe for the use of machinery. For trackwalking maximum 1(v):2(h).
Installation Aspects: Upslope run-off should be diverted away from the slope
to be treated.
Problems: Upslope stormwater is not diverted around area and rill erosion
will occur.
Turf
Description: Refers to a layer of topsoil and grass harvested from the field by
specialist machinery. Rolls can be supplied up to 5 m wide by 9m long.
Reinforced turf in similar to conventional turf except that grass is grown
through an artificial 2 dimensional poly-propylene grid to provide additional
strength.
Application: Turf and Reinforced Turf can be used in both sheet flow and
concentrated flow situation to provide erosion protection. It is often used as a
“softer” alternative to “hard” channel linings such as rock and concrete in
urban situations.
Design/Construction Aspects: Turf is only capable of withstanding relatively
low flow velocities. Reinforced Turf can withstand flow velocities a lot higher
than turf. Deposited sediment can kill turf. For this reason upstream erosion
protection and sediment detention measures must be installed before the turf
can be placed. As turf and reinforced turf rely on the grass root system for
strength, the substrate on to which the turf is being placed must be suitable
for vegetation establishment. The edges of the turf/reinforced turf must be
installed flush with the existing soil surface so that erosion along the turf/soil
interface does not occur.
Problems: Deposited sediment can kill turf. Due to the way reinforced turf is
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grown, the roots can become “root bound” and therefore the time for the roots
to bind into the soil surface is increased thus increasing the erosion/failure
potential. Turf must be watered until adequately established.
Erosion Matts and Blankets
Description: A rolled matt or blanket made from jute, coconut fibre, wool,
nylon and poly-propylene that is placed on the soil surface to protect it from
raindrop impacts and low velocity sheet and concentrated flows.
Application: Erosion control blankets are used on batters and embankments
and other sheet flow environments to protect the soil from erosion and
promote vegetation. Blankets are generally temporary measures and are
designed to biodegrade. Typically these products are made from wood fibre,
wool and jute. Erosion control matts are designed to be used in concentrated
flow environments and are therefore made from more durable materials such
as jute, coconut fibre, nylon and poly-propylene.
Design/Construction Aspects: Due to the vast range of proprietary products
available, independent advice should be sought on the appropriate
matt/blanket for a particular situation. Manufactures supply product
specifications and installation guidelines.
Problems: When blankets are placed in concentrated flow areas. A blanket is
designed to cover the ground from raindrop impact and a matt is a heavier
product designed for concentrated flow. Remember B is for blanket as in
Batter.
Rock Check Dams
Description: A small temporary rock weir structure. Can also be constructed
from sandbags and logs.
Application: Used as temporary erosion protection and limited coarse
sediment retention in concentrated flow environments such as perimeter and
table drains by limiting flow velocity. Not to be used major flow lines or
streams.
Design/Construction Aspects: Rock check dams are temporary measures and
therefore do not require formal design.
The middle of the Check Dam must have a spillway to stop water running
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around the ends.
Check dams should be installed so that the toe of the upslope check dam is
the same level as the crest of the immediate downslope dam.
Problems: Erosion around the edge of the dams due to insufficient spillway
depth. Erosion immediately downslope of the check dam to insufficient rock
protection.
Surface Mulching
Description: Mulching is the placement of a protective cover over the soil
surface to protect it from the erosive effects of raindrop impact and shallow
sheet flows. Common mulch materials include wood chip, straw, wood fibre,
paper pulp, bagasse, brush matt and bitumen emulsion.
Application: The type of mulch to be used in dependant on the type of
environment to be protected, climatic conditions, location and available
mulch material.
Design/Construction Aspects: Common to most situations where mulches
are to be used, divert flows away from the area to be protected. The
application of mulch material should be even and uniform.
Problems: Mulch washed away due to failure to divert flows away from
mulched area. Erosion due to insufficient quantity of mulch or tackifier.
Weed infestation due to weed contaminated mulch (eg hay instead of clean
straw).
Vegetation
Description: For erosion purposes vegetation includes native and introduced
grasses, ground covers, shrubs and trees.
Application: Any erosion control program will benefit from temporary and
permanent vegetation covers. The above ground vegetative material provides
protection from raindrop impact, slows flow velocities and traps eroded soil
particles. Roots help bind the soil surface thus minimising erosion.
Problems: Weed infestation due to the use of contaminated seed. Difficulty in
maintaining an adequate vegetative cover due to climatic/soil constraints.
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Sediment Fence
Description: A sediment fence is a temporary barrier of permeable geotextile,
partially installed in a trench and supported by posts.
Design/Construction Aspects: Not to be used in concentrated flow. Silt fence
should be installed on the contour with the ends turned up so that the turnup
ground level is equal to the top fabric level at its lowest point.
Sediment fence must be anchored in a 150mm deep compacted backfilled
trench. The sediment fence posts must be on the downslope side of the fabric
otherwise the fabric will come away from the peg when put under pressure.
Problems: Not installed with a turnback at either end causing water to run
around the ends. Not trenched in deep enough causing fabric to pull out of
the ground. Not compacting the trench after installation causing water to
tunnel under the sediment control fence. (you only need to compact the
ground with you boots no need for a compactor to be brought in)
Check Dams
Description: A small temporary rock weir structure. Can also be constructed
from sandbags and logs.
Application: Used as temporary erosion protection and limited coarse
sediment retention in concentrated flow environments such as perimeter and
table drains by limiting flow velocity. Not to be used major flow lines or
streams.
Design/Construction Aspects: Rock check dams are temporary measures and
therefore do not require formal design.
Check dams should be installed so that the toe of the upslope check dam is
the same level as the crest of the immediate downslope dam.
Problems: Erosion around the edge of the dams due to insufficient spillway
depth. Erosion immediately downslope of the check dam to insufficient rock
protection.
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Straw Bales
Description: A small temporary dam. Straw bales are suitable for low flows
of water. It is only recommended that these be used in limited applications.
They maybe used to reduce the flow velocity of water.
Design/Construction Aspects: Not to be used in concentrated flow. Straw
bales should be installed on the contour with the ends turned up so that the
turnup ground level is equal to the top of the middle bale.
Straw bales should be anchored into the ground 100mm with a star picket
post to secure. The minimum number of strawbales to be used is four. You
can not make a dam with one or two strawbales.
Problems: Erosion around the edge of the straw bale dam due to insufficient
spillway depth and insufficient number of bales used. Remember minimum
number of bales to be used is four. Erosion immediately downslope of the
strawbale dam to insufficient rock protection.
Sand Bags
Description: Sand bags are used to make a temporary sediment trap and are
measures that capture eroded sediments by slowing the velocity of water so
that the soil particles settle out. They generally do not have an outlet they
form a pond.
Application: Their function is to trap coarse sediments in both
concentrated and sheet flow situations. They should be located immediately
downstream of disturbed areas.
Design/Construction Aspects: Sediment traps can be formed by
constructing some form of structure to form a pond using materials such as
rocks, logs, sandbags and rock-filled wire baskets.
Problems: Common problems include not building the structure large
enough to contain the amount of water that will be washed from the site.
Difficulty in cleaning out sediment, due to poor location and design.
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Sediment Traps
Description: Sediment traps are measures that capture eroded sediments by
slowing the velocity of water so that the soil particles settle out. They
generally consist of a stable inlet and outlet, and some form of pond.
Application: Their function is to trap coarse sediments in concentrated flow
situations. They should be located immediately downstream of disturbed
areas.
Design/Construction Aspects: Formal design of sediment traps is required.
Sediment traps can be formed by excavating an earthern pond, or by
constructing some form of structure to form a pond using materials such as
rocks, logs, sandbags and rock-filled wire baskets.
Problems: Common problems include inlet and outlet erosion due to
inadequate erosion protection. Difficulty in cleaning out sediment due to
poor location and design.
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Appendix 3 - Draft Audit Tool for Building
and Development Sites
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Draft Audit Tool for Building and Development Sites
Site Address: ________________________________________ File
Ref:
_____________
Builder/Developer:
_________________________________________________________
Status
of
Construction:
______________________________________________________
Brief desc: Est Area: _________________ Level?
Or Cross Fall….2m
4m..>5m
Date of Inspection: ___/___ /___
Name
of
Inspector:
_____________________
Description
Condition
a. Sediment Fence Yes/No
Fabric buried 150mm
trench?
Stakes spaced at 3m
interval
Constructed
along
contour?
Turn-Backs installed?
Fence at least 2m from
slope?
Subject to concentrated
flows?
b. Stockpile Entrance Yes/No
Upslope
drainage
controls?
Catch drains or sed.fence
at toe?
Less than 2m high?
Covered?
c. Stabilised Entrance Yes/No
Material used? Ave.size?
Est.
Thickness
of
entrance?
Graded to sed fence?
Geo textile used?
d. Other Items:
Down pipe connected?
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Do any items need repair
or cleaning out a. to d.
above?
Evidence of Drainage and
Sed. into street?
Fencing of buffer zones?
Other concerns?
Maintenance of existing items, comments related to above:
Does the site have areas of high risk of erosion from expected rainfall? If so
what action should be taken?
Diagram of Site
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