Removal and disposal
Environmental Protection Act 1994
Under the Environmental Protection Act 1994 (EP Act) polluters of a site are primarily responsible for any contaminated soils which are generated on a property as a result of their activities. The Environmental Protection Agency (EPA) actively supports the national target of a 50% reduction in waste going to landfill and promotes on-site remediation as the preferred option for dealing with contaminated soils where appropriate. In the hierarchy of remediation options, disposal to landfill should be used only when no other method of dealing with the contaminated soil is available and the operator of the landfill agrees to the disposal.
In accordance with section 424 of the EP Act a person removing and disposing of contaminated soil from land which is recorded on the Environmental Management Register (EMR) or Contaminated Land Register to an off-site location must obtain a disposal permit from the EPA. Disposal permits enable appropriate and legal disposal and tracking of contaminated soil or materials.
When deciding whether to grant or refuse an application for a disposal permit, the EPA considers the standard criteria defined in the EP Act, including:
- the principles of ecologically sustainable development as set out in the National Strategy for Ecologically Sustainable Development, and
- best practice environmental management.
Disposal permits allow contaminated soil to be removed for disposal or for remediation and treatment at another site. The EPA will only approve the removal of contaminated soil to a site that is listed on the EMR or to a licensed landfill.
Removing contaminated soil
If disposal is the only viable option, all possible efforts should be made to
reduce the volume of soil requiring disposal. Very highly contaminated or leachable
soils should be separated from less contaminated soils. Separation will reduce
volumes requiring specific treatment and will significantly reduce the disposal
and treatment costs associated with highly contaminated soil.
An in-situ Stage 2 investigation (see the EPA’s Draft Guidelines for the Assessment and Management of Contaminated Land in Queensland), based on laboratory sampling, will normally be required to delineate the extent of contamination and determine the volume and level of contamination before commencement of any excavation. This will ensure that mixing of contaminated soils with uncontaminated soils does not occur. Reducing contaminant concentrations by dilution is not an acceptable remediation strategy.
The EPA issues disposal permits for a specified volume of soil. Because errors can occur in estimation of volumes of soil, some minor variation in volumes (e.g. +/-10%) will be accepted. Advice should be sought from the EPA if volumes in excess of that specified in the disposal permit require removal. If, during remediation, any details of the removal and disposal change (e.g. if additional soil requires disposal), a separate application to dispose of the additional contaminated soil should be lodged. Anyone undertaking site investigation and remediation works should not assume that a disposal permit will be granted whenever an application is made. Accordingly, activities that inhibit management of the soils or that create potential environmental harm if approval is refused must be avoided.
Applying for a disposal permit
In normal circumstances, when work is being conducted to remediate a site, an
application for a disposal permit will not be considered until a site investigation
report has been assessed. When a notifiable activity continues on a site and
disposal of contaminated soil becomes necessary, a site investigation report
is not required.
Applications for a disposal permit should be lodged on the Application for Disposal Permit form available from the EPA, and accompanied by:
- written agreement from the owner of the disposal site to accept the contaminated soil, stating any conditions to be placed on the soil disposal;
- information which demonstrates the contaminated soil may be accepted under licence conditions issued under the EP Act;
- a copy of the Certificate of Title of the site from which soil is to be removed;
- a copy of the Certificate of Title of the site receiving the contaminated soil (if the soil is not going to a local government-administered landfill);
- copies of all laboratory reports for contaminated soil analyses (one laboratory sample/50m3 soil is considered a minimum for stockpile sampling) and leachate testing results;
- a plan showing the location of sampling sites in relation to the contamination source; and
- a completed Notification of land form (if the site from which the soil is being removed is not listed on the Environmental Management Register or Contaminated Land Register).
In situations where a site investigation report has already been lodged with the EPA, duplication of information provided in that report is not required. When completing the Application for Disposal Permit form, the applicant can refer to relevant pages of the report.
Applicants should allow sufficient time for the application for a disposal permit to be considered and the permit issued before extracting the material.
Last updated: 28 November 2003
