Waste flareup

By Shaun Inguanzo
A QUEEN’S Counsel’s investigation has this week renewed concerns that a tip operator is wrongfully dumping hazardous waste in Lyndhurst.
The City of Greater Dandenong this week received a letter of legal opinion from Victorian bar member Mark Dreyfus QC which was written after he investigated Lyndhurst Landfill operator SITA’s waste dumping.
The legal opinion was the result of a presentation made to council in November 2004 by antiwaste group Residents Against Toxic Waste in the South East (RATWISE) under its belief that prescribed waste going into the SITA landfill was hazardous.
RATWISE claimed the dumping was in breach of SITA’s planning permit, issued prior to council amalgamations in 1994, which forbids it to dump hazardous waste.
RATWISE spokesman Stuart Marriner said SITA had been dumping according to the Environmental Protection Agency’s licence that, in contrast to the permit, allowed the dumping of certain materials including mercury, lead, cadmium, acids and alkaline, at the Lyndhurst site.
Council sought legal advice from Mr Dreyfus in May 2005 as to whether an argument that waste was hazardous existed, and if so, what action council could take to prevent any hazardous waste being dumped at Lyndhurst.
Greater Dandenong chief executive Carl Wulff this week said council would turn to Monday night’s meeting to consider its course of action after Mr Dreyfus’ legal opinion formed the view that prescribed waste being dumped could constitute hazardous waste.
SITA state general manager Daniel Fyfe said he had read the legal opinion and would await council’s resolution on Monday night.
Mr Fyfe said SITA had been operating transparently and dumping in accordance with its Environmental Protection Agency (EPA) licence.
“In essence, SITA has been operating in accordance with its EPA licence, works permit, and planning permit. We will be seeing what resolution is passed at council Monday night, if one is passed.
“Based on what actions are taken by the City of Greater Dandenong, we will respond and take legal advice ourselves.”
Mr Fyfe said the issue centred on the definition of ‘hazardous waste’.
“Our opinion is that the EPA has advised us over the course of the last 14 years what we can and can not accept, and we have operated in accordance with instructions from the EPA as to what we can and can not receive.”
RATWISE president Geraldine Gonsalvez said the group was happy with Mr Dreyfus’ opinion after 14 years of opposition to the dumping.
Ms Gonsalvez said the group also had other concerns as to where waste would go if deemed hazardous and no longer dumped at Lyndhurst.
Council will discuss its course of action at this Monday’s council meeting in Dandenong.
The Lyndhurst Landfill is based on a 54 hectare site along Taylors Road, Lyndhurst and prior to council amalgamations was located within the Shire of Cranbourne.
Mr Dreyfus’ legal opinion will be tabled.