EPA is reminding Victorians that accepting free soil can end up costing them plenty unless they know exactly what is in it.
The warning comes after the authority fined a Mornington contractor $4,070 and a Tuerong contractor $2,035 for unlawfully depositing thousands of cubic metres of soil containing both asbestos and chemical contaminants at properties in Tyabb and Tuerong.
The contractors had advertised the soil online as free ‘clean fill’ but have now been ordered to have it sampled so it can be properly dealt with.
Contaminated soil may only be disposed of at a licensed landfill, and EPA executive director of operations Rachel Gualano said everyone in the waste chain, including transporters and receivers, had a duty to understand what was in any soil they were handling.
EPA also warned property owners that they have an obligation to know what soil they are accepting, or they could be liable for its removal.
“If you accept soil that has not been independently tested, you risk being held responsible if it turns out to be contaminated,” she said.
“Soil can be contaminated with heavy metals, hydrocarbons like fuel and oil, industrial chemicals, asbestos and other waste which can harm plants, animals and human health, as well as contaminate land and groundwater,” she said.
“Contaminated soil is costly to treat or dispose of and unscrupulous operators could be trying to reduce their costs at your expense.
“Your property might be a cheap option for a dodgy operator, leaving you with the real costs for clean-up if the dodgy dumper disappears.
“For transporters, even those sub-contracted, to transport soils, you may pick up from someone saying it is clean, but you’re responsible for ensuring it is.”
EPA advises landowners to take the following steps before accepting soil on their site:
Understand where the soil is coming from. Soil from industrial and commercial sites have a higher risk of contamination.
Ask for proof that the soil is clean, including laboratory results. If in doubt, avoid it.
Have a signed contract with the supplier that specifies the volumes and quality to be received.
Keep soil from different sites separate and keep good documentation to prove what has been placed where.
Visually check every load for contamination – reject soil that contains waste of any kind or doesn’t look or smell right.
Soil transporters, whether behind the desk or the wheel, also have responsibilities under the Act.
Sites without an EPA permission can only accept fill material with all waste removed so far as reasonably practicable. If you are dropping off soil with any visible waste, it is your responsibility to make sure they’re allowed to take it. Waste includes plastic, concrete, tiles, building materials, paper, and green waste.
Under the Act, everyone involved in transporting waste has the responsibility to appropriately categorise the waste, get the right Permissions from EPA to transport the waste if necessary, and only deposit the waste at a lawful place. You cannot pass your responsibility off to anyone else, and legal action can be taken against both a company and a natural person.
The contractors who have been fined have the right to have their infringement notices reviewed.
