URGENT UPDATE: The state’s planning tribunal has mandated immediate action for a contaminated dirt mound in Bangholme, with ESI Projects Pty Ltd required to clean up the site by December 29. This order follows a significant ruling from the Victorian Civil and Administrative Tribunal (VCAT) regarding hazardous waste management.
The contaminated soil, located at 576 Frankston Dandenong Road, is classified as category B contamination, which includes dangerous asbestos fragments. Alarmingly, the site is just 400 meters from the Willow Lodge retirement village, raising serious health concerns among residents.
In a detailed submission to VCAT, ESI Projects estimated remediation costs between $4 million and $6 million. The tribunal’s decision underscores the urgency of addressing the contamination, which poses a direct threat to public safety.
ESI had initially received a permit to accept only ‘clean fill’ and maintained an exclusive contract with local flower farm Jakupi Flowers to process a minimum of 400,000 cubic meters of soil over three years. The company claimed it had no knowledge of the contaminated material being imported to the site, arguing that it followed all necessary protocols to prevent contamination.
However, VCAT found that ESI’s reliance on soil testing results from Renex, a soil recycler, was misguided. The tribunal determined that Renex, which was licensed to process only Category A soil, posed a significant risk of contamination, thus requiring ESI to perform additional testing on incoming materials.
“There is a paramount duty to minimize the risk of harm,” VCAT noted in its ruling, emphasizing the legal and moral responsibility of ESI to ensure public safety.
Despite arguing that the clean-up order could lead to insolvency—following a reported operating loss of $382,000 for the previous ten months—VCAT affirmed the clean-up directive. ESI contended that it would be “irrational” and “impractical” to conduct independent analyses of all soil types brought onto its premises.
VCAT’s decision, made on September 24, serves as a critical reminder of the responsibilities companies hold in managing hazardous waste. ESI has an opportunity to seek costs from other parties responsible for the contamination in future proceedings.
With the deadline for clean-up fast approaching, community members are urged to stay informed about developments regarding the remediation efforts. As the situation unfolds, the health and safety of local residents remain at the forefront of this urgent issue.
Stay tuned for further updates on this developing story and the implications it holds for environmental safety in Bangholme.
