Alcoa Australia Rolled Products Pty Limited v Holroyd City Council & Ors
[2007] NSWLEC 548
•29 August 2007
Land and Environment Court
of New South Wales
CITATION: Alcoa Australia Rolled Products Pty Limited v Holroyd City Council & Ors [2007] NSWLEC 548 PARTIES: APPLICANT
Alcoa Australia Rolled Products Pty Limited
[ACN 069 853 229]FIRST RESPONDENT
Holroyd City CouncilSECOND RESPONDENT
THIRD RESPONDENT
Weston Aluminium Pty Limited [ACN 075 245 108]
Leonard Morrice StephensFILE NUMBER(S): 10344 of 2006 CORAM: Preston CJ KEY ISSUES: Designated Development :- application for change in use of existing remelt facility - no material change to physical operations - nature of feedstock to be specified - community objections to air quality - development consent granted subject to revised conditions of consent LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Protection of the Environment Operations Act 1997
Protection of the Environment Operations (Clean Air) Amendment (Industrial & Commercial Activities and Plant) Regulation 2005
Protection of the Environment Operations (Clean Air) Regulation 2002DATES OF HEARING: 27 August 2007
29 August 2007EX TEMPORE JUDGMENT DATE: 29 August 2007 LEGAL REPRESENTATIVES: APPLICANT
Ms S Duggan (Barrister)
SOLICITORS
Holding RedlichFIRST RESPONDENT
Ms L Finn (Solicitor)
SOLICITORS
Abbott ToutSECOND RESPONDENT
THIRD RESPONDENT
Mr K Kanjian (Solicitor)
SOLICITORS
Kanjian & Company
Mr L Stephens (In Person)
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESPRESTON CJ
29 AUGUST 2007
10344 OF 2006
ALCOA AUSTRALIA ROLLED PRODUCTS PTY LIMITED V HOLROYD CITY COUNCIL & ORS
JUDGMENT
1 HIS HONOUR: The appeal relates to a change in the operation of part of the applicant’s aluminium remelt and aluminium fabrication plant at Yennora. The plant has been in operation since the late 1950s although Alcoa has only operated from the site since 1996.
2 The operations of the site include:
(a) the re-melting operations, namely the secondary processing (melting) of materials containing aluminium to reclaim aluminium;
(b) the casting of aluminium ingot from the reclaimed molten aluminium and from primary ingot;
(d) The preparation of the rolled product into a form suitable for the intended purpose of the product.(c) the rolling of ingot into sheets of thicknesses appropriate for the different types of aluminium product produced, namely can stock, sheeting and aluminium foil; and
3 Development application No 2005/674 relates to the operation of part of the site’s existing remelt facility, known as Rotary Furnace 3 (RF 3). The development application is identified as designated development under s 77 of the Environmental Planning and Assessment Act 1979.
4 The remelt process involves remelting aluminium metal and casting the molten metal into ingots used in aluminium rolling operations located on the site. The major feedstock for the remelting process is a range of aluminium-containing materials, including used beverage containers, scrap aluminium and aluminium dross. Aluminium dross is a by-product from both primary and secondary aluminium processing operations and contains quantities of aluminium metal that may be recovered.
5 The application seeks to use dross sourced from the applicant’s Point Henry Smelter in Victoria in addition to the dross generated by the operations at the Yennora site. The dross from Point Henry has been through secondary treatment.
6 There will be no material change to the operations as a result of this development application, the only change being to specify clearly the nature of the feedstock that would be used in RF3.
7 The proposed development does not involve construction or alteration of any buildings or equipment and the operations of the proposed development would be limited to facilities and processes currently in existence on the site.
8 Weston Aluminium Pty Ltd was joined as a party to the proceedings. Mr Leonard Stephens also was joined as a party to the proceedings. Mr Stephens represents the Western Sydney Clean Air and Water Action Group who are concerned about pollution in Western Sydney generally and from the Alcoa facility specifically.
9 The first respondent, the Holroyd Council, resolved on 7 August 2007 to support an application for consent orders.
10 The second respondent, Weston Aluminium, maintained concerns over the proposed development for a time, however, by consent orders document dated August 2007 also came to support the application for consent orders.
11 At the hearing, the third respondent, Mr Stephens representing the Group, maintained opposition to the proposed development application although there was an acknowledgment that the previously raised issues of visual impact, additional traffic and noise were not pressed as such. The outstanding issue related to air quality.
12 Considerable volumes of expert evidence were tendered by the applicant and the first and second respondents. The import of this evidence was to establish that, with the imposition of appropriate conditions of consent, the development could be carried out in a manner which is environmentally acceptable.
13 Mr Hugh Nguyen of 1 Oswald Street, Guildford and Ms Lange of 65 O’Neill Street, Guildford provided evidence on behalf of the third respondent. Mr Nguyen maintained his objection to the proposed development, despite the agreement by the experts on the levels of emissions. His opposition was based on his past experience of living in the neighbourhood and regularly observing smoke coming from the Alcoa site and the odour and dust required him to stay indoors with the windows of his house closed. Mr Nguyen expressed concern as to the manner in which the complaint hotline had worked in the past and the degree of cooperation and consultation by Alcoa with the residents of the neighbourhood.
14 Ms Lange expressed concerns over the transport route for the dross from Point Henry, Victoria. She maintained that the dross was potentially dangerous as when wet it produced ammonia gas. Ms Lange also cited her experiences of discomfort and interference with her residential amenity caused by odour and dust she says emanated from the Alcoa site. She proposed additional conditions that:
(a) prohibit the receipt of dross from the Point Henry site or alternatively limited the amount of dross from the Point Henry site to 5,000 tonnes per annum;
(c) the closure of the RF3 for any non-compliance with conditions of approval.(b) proposed four additional monitoring stations outside the site; and
15 Ms Lange also proposed amendments for a number of conditions, many of which have been incorporated the revised draft conditions.
16 Taking into account the expert evidence and the revised draft conditions as well as the evidence of Mr Nguyen and Ms Lange, I am satisfied that the emissions from RF3 remelt facility will be environmentally acceptable for a number of reasons.
17 First, the conditions prescribe the acceptable feedstock, being dross (but only dross generated within the Yennora facility or from the Rolling Mill Cast House of the Point Henry (Victoria) Smelter), used beverage containers, smelter scrap and general aluminium scrap including but not limited to off cuts, swarf, other waste or by-products of aluminium semi-fabrication and fabrication, and lithographs (conditions 1, 5, 13 and Attachment B, condition 01.1).
18 Second, the conditions to be imposed set performance standards in the form of emission limits for a range of pollutants. These limits accord with the requirements of the Protection of the Environment Operations (Clean Air) Amendment (Industrial & Commercial Activities and Plant) Regulation 2005 (“the Regulation”). (Condition 13 and Attachment B, Condition L3.1)
19 Third, the emission modelling evidence establishes that not only is it practicable for Alcoa to meet the emission limits at the point of emission, i.e., the stack, but that the emissions will meet the appropriate standards at the appropriate receptors external to the site. Compliance with the emission limits should ensure a satisfactory environmental outcome for the neighbouring area.
20 Fourth, the emission modelling has been reviewed by independent experts from the first and second respondent as well as experts from Alcoa. All have found that the emission levels set in the revised conditions of consent are appropriate based on the requirements of the Regulation. The Court is entitled to take some comfort in the rigorous assessment from three separate sources, including a trade competitor.
21 Fifth, the Department of Conservation and Climate Change have issued General Terms of Approval for the proposed development. These are the terms that the Department states it will impose as conditions on an application to vary the existing licence for the Alcoa facility. These are to be included in the development consent (condition 13 and Attachment B). The Department of Conservation and Climate Change encompasses the former Environment Protection Authority of NSW and is responsible for the administration of the Protection of the Environment Operations Act 1997 and the licensing of scheduled activities potentially likely to cause pollution such as the Alcoa facility.
22 Sixth, the Council, being the responsible local government authority for the local government area of Holroyd, has reviewed the amended development proposal and agreed that the revised conditions of consent should ensure that the use can be carried on in an environmentally acceptable manner.
23 Seventh, the conditions require on-going monitoring and reporting on compliance with the conditions of consent including the emission levels (condition 13 and Attachment B, condition M 2.1 to M 2.3 and condition U1).
24 Eighth, the conditions require various pollution studies and pollution reduction programs to improve the environmental performance of Alcoa facility over time (condition 13 and Attachment B, Condition U 2.1, U 2.2 and U 3.1 and U 3.2.
25 Ninth, the conditions require the use to be carried on in a manner which does not interfere with the amenity of the neighbourhood (condition 16 and condition 6 and Attachment A, condition 13).
26 Tenth, the conditions propose mechanisms for engagement and cooperation with the local community including establishing and maintaining a telephone complaints line (conditions 25 and 26) and a Community Consultative Committee (condition 27).
27 Eleventh, the conditions ensure accountability by requiring the operator to disclose to relevant government agencies and the Community Consultative Committee, monitoring and other reports required by conditions 10-13, 26, 27 and Attachment B, conditions M 2.3, U 2.2 and U 3.2.
28 I am not satisfied that the additional conditions suggested to be imposed by Ms Lange are appropriate in the circumstances.
29 Neither a ban nor a tonnage threshold on the dross received from the Point Henry site is able to be sustained on the evidence. The evidence does not establish any threshold in terms of the tonnage of dross beyond which operation of RF3 would cause unacceptable levels of air emissions. A limit on the amount of dross does not necessarily relate to a limit on emissions.
30 Ms Lange suggested that the reason for a ban or threshold was to avoid the impacts of truck movements. However, the consent does not propose any increase in truck movements as a result of the proposal to receive dross from Point Henry. In fact, the revised draft conditions propose an overall limit on heavy vehicles of 240 movements per day (condition 7). These movements are unchanged from the 1980 development consent for the site.
31 The route by which dross is to be delivered to the site is regulated by conditions specifying the use of certain roads only (condition 22). The need to cover the loads of dross to avoid contact with water is also appropriately regulated by other laws.
32 The provision of four external monitoring stations do not, in my view, add to the control of emissions from the site. It is likely that any results at these monitoring stations could be genuinely disputed because of the potential for other sources of emissions from other industrial uses in the area to skew any measurements. Controlling the emissions at source, namely at the stack of the baghouse from which emissions from RF3 emerge, is the most effective way of safeguarding the environment beyond the site. Conditions of consent require this to be done (condition 13 and Attachment B conditions). I also note there are conditions requiring that there be no unreasonable inference to adjoining or nearby industrial, residential or other premises (condition 16 and condition 6, Attachment A, condition 13).
33 The closure of the plant for breaches to any conditions of approval is overly punitive. Adequate avenues are available to pursue any breaches of the conditions of consent by civil enforcement where proper discretion can be exercised by the Court depending on the severity of any breaches.
34 Moreover, the scheme of the conditions of consent including fixing performance standards governing the operation of the facility, requiring monitoring and report to the regulatory agencies, establishing and operating a community consultative committee and having a pollution complaints hotline, amongst others, are designed to prevent, detect and remedy breaches of conditions of consent. This is a preferable regime to having a non-discretionary and not necessarily proportionate response of automatic shutdown of RF 3 in the event of a breach of condition of consent.
35 For these reasons, I am satisfied that development consent should be granted on the revised conditions of consent.
36 Accordingly, the Court orders:
1. Appeal is upheld;
3. Exhibits may be returned.2. Development consent is granted to DA 2005/674 for the use of the Rotary Furnace RF3 at
the Alcoa plant, Yennora subject to the conditions in Annexure ‘A’.
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
PRESTON CJ
29 AUGUST 2007
10344 OF 2006
ALCOA AUSTRALIA ROLLED PRODUCTS PTY LIMITED V HOLROYD CITY COUNCIL & ORS
ANNEXURE A
CONDITIONS OF CONSENT
DEVELOPMENT APPLICATION 2005/674
KIORA CRESCENT, YENNORA
PRELIMINARY
1. Development consent is granted to development application no. 2005/674 for the use of the existing land, buildings, plant and equipment including the current rotary furnace known as RF3 (and any replacement upgraded or modified plant and equipment the need for which arises as a consequence of compliance with the conditions of this consent) at the Alcoa Australia Rolled Products Pty Ltd (Alcoa) site, Yennora, Lot 220 in Deposited Plan 703309, for the purposes of processing or eprocessing including melting, remelting, recovering) materials containing aluminium, being dross (but only dross generated within the Yennora facility or from the Rolling Mill Cast House of the Point Henry (Victoria) Smelter), used beverage containers, smelter scrap and general aluminium scrap including but not limited to off cuts, swarf, other waste or by-products of aluminium semi-fabrication and fabrication and lithographs, and all other matters associated with the foregoing, subject to the conditions below.
2. This consent does not grant approval for the replacement of any plant or machinery for which development consent is required to be obtained for its construction and use.
3. This consent shall lapse if the use is not actually commenced within two (2) years of the date of this development consent. Any person entitled to act on the consent may apply to Council at least thirty (30) days before this two year period expires, for an extension of one year, provided that good cause is shown.
Note: Failure to lodge an application for extension of consent will mean the consent lapses and a fresh application will be required that will be assessed in accordance with current controls.
4. (a) Development shall take place in accordance with all operating commitments outlined in the following reports submitted in support of the proposal except where amended by relevant condition/s of this development consent or NSW Environment Protection Authority (EPA) licensing requirements:
- (Revised) Environmental Impact Statement — North Remelt Facility Alcoa Australia Rolled Products Pty Ltd, prepared by Dick Benbow and Associates, dated 10 November 2005.
- Addendum Report No1 Air Emissions Assessment for Alcoa Australia Rolled Products Pty Ltd Yennora Site, prepared by Dick Benbow and Associates, dated June 2005.
- Addendum Report for Alcoa Environmental Impact Statement — North Remelt Facility Alcoa Australia Rolled Products Pty Ltd, prepared by Dick Benbow and Associates, dated October 2005.
- Response to CH2M Hill Australia Pty Ltd Addendum Report No.3 Alcoa Environmental Impact Statement — North Remelt Facility Alcoa Australia Rolled Products Pty Ltd, prepared by Dick Benbow and Associates, dated April July 2006.
- Land Use Safety Planning Review (Addendum 4) for Alcoa Environmental Impact statement — North Remelt Facility Alcoa Australia Rolled Products Pty Ltd, prepared by Benbow Environmental, dated July 2006.
- Alcoa Yennora Traffic Impact Assessment 2005, prepared by Christopher Stapleton Consulting Pty Ltd
- (b) Within three months after the date of this consent, the operator must provide a document to the Council, Weston Aluminium Pty Ltd and Leonard Stephens, the contents of which is to derive from the above mentioned reports and is to identify in reasonable detail the operating commitments to govern the activity.
Inspection Protocol 5. (a) Within one (1) month (maximum 31 days) from the date of consent, the operator shall submit to Council and the NSW EPA an inspection protocol for Rotary Furnace feedstock received at the facility. The inspection protocol shall cover the method and frequency of inspections and require a record to be kept of the physical composition of all feedstock fed into the Rotary Furnace, and the criteria used to determine the quality of the feedstock. The procedure must also include the protocol used for rejection of feedstock in terms of its disposal, return to supplier, or treatment to render suitable. The operator must modify the protocol if reasonably required by either the Council or NSW EPA.
- (b) The development shall be carried out in accordance with
- Existing Development Consent
6. The operator shall ensure that all operations associated with this approval are conducted in accordance with the conditions of Development Consent 80/40 as stated in Attachment ‘A’, except where amended by this consent.
7. Heavy vehicle movements to and from the site shall not exceed a total of more than 240 movements per day in accordance with details submitted under Development Consent 80/40.
NSW EPA Licence
8. The operator is to apply to the NSW EPA within one (1) month (maximum 31 days) of development consent being granted to vary the existing licence (number 642).
9. A copy of the application to the NSW EPA to vary the existing licence shall be forwarded to Council immediately upon lodgment with the NSW EPA.
Submission of Reports to Council
10. At no more than two (2) yearly intervals the operator is to conduct an audit of the environmental performance of Rotary Furnace 3, including compliance with the conditions of this development consent, and give a copy of it to Council.
12. By 31 December 2007 the operator must submit to Council in writing advice as to the impact of the Continuous Improvement Report, as required by the NSW EPA General Terms of Approval Notice No.1062126, and U3.2 in Attachment ‘B’ on the current approved use.11. By 31 December 2007 the operator must submit to Council in writing advice as to the impact of the Dioxin Emission Capture and Emission Control Report, as required by the NSW EPA General Terms of Approval Notice No. 1062126, and U2.2 in Attachment ‘B’ on the current approved use.
- Be comprised of at least:
- be chaired by the representative of the Council, the NSW EPA or the operator as elected by the members attending the meeting.
- meet bi-monthly;
- review the operator's performance with respect to environmental management and community relations;
- undertake regular inspections of the operations of Rotary Furnace 3;
- review community concerns or complaints about the operations of Rotary Furnace 3, and the operator’s complaint handling procedures; and
- provide advice to:
- ensure that at least 2 of its representatives attend CCC meetings;
- provide the CCC with regular information on the environmental performance and management of the project;
- provide meeting facilities for the CCC;
- arrange site inspections for the CCC, if necessary;
- respond to any advice or recommendations the CCC may have in relation to the environmental management or community relations;
- take minutes of the CCC meetings, and put a copy of these minutes on its website within 1 month of the CCC meeting;
- forward a copy of the minutes of each CCC meeting, including a response to any recommendations from the CCC, to the Council and any member of the local community who so requests within 1 month of the CCC meeting; and
- table at the next CCC meeting any report required by the conditions of consent to be provided to the Council or the NSW EPA.
- Works, including the pruning or removal of any tree(s) not authorised in the preceding conditions or on the approved plans. Council’s Tree Preservation Order protects trees by definition taller than 3.5 m or having a trunk circumference exceeding 500mm measured one metre above ground level. If in doubt contact Council’s Tree Management Officer.
- Any fencing located forward of the proposed building and exceeding the limitations specified in Schedule 1 of Development Control Plan No. 32 “Guidelines for Exempt and Complying Development”.
- The erection of any advertising sign, not being exempt from the need to obtain approval.
- The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like.
- the development application (DA) 2005/674 submitted to Holroyd City Council on 14 September 2004; and
- the letter received by the NSW EPA from Alcoa Australia Rolled Products Pty Ltd dated 16 June 2006. This letter supersedes all previous documentation pertaining to the development application received by the NSW EPA.
- Fugitive dioxin emissions are minimised to the maximum extent practicably achievable; and
- Dioxin emissions from discharge point 5 are minimised to the maximum extent practicably achievable.
- General Terms of Approval and related conditions
13. The operator must comply with the conditions derived from the General Terms of Approval, issued by the NSW EPA on 17 July 2006 under Notice No. 1062126 and related conditions set out in Attachment ‘B’.
CONDITIONS RELATING TO USE
The following conditions are applicable to the use of the development.
Safety & Amenity
14. No signs or goods are to be displayed or trading of any description is to be carried out on the public road, public footpath, utility service land, customer and / or employee parking area, the driveways or pedestrian walkways outside or in the immediate vicinity of the premise.
15. Hours of operation are permitted 24 hours a day, seven days a week, subject to compliance with conditions of this development consent.
16. All industrial activity is to be conducted so that it causes no unreasonable interference to nearby industrial, residential and other premises.
Parking
17. The car parking spaces, driveways and maneuvering areas are to be used for employees and visitors vehicles only and not for the storage of new or used materials, finished goods or commercial vehicles.
18. Instructions concerning procedures to be adopted in the event of an emergency are to be clearly displayed on the premises for both public and staff information at all times to the satisfaction of Council, prior to commencement of the use.Emergency Procedures
19. The owner shall comply with the requirements of Part 9 of the Environmental Planning and Assessment Regulation 2000.
Signage on Stormwater Drains (Commercial / Industrial)
20. Signs shall be displayed adjacent to all stormwater drains indicating that only clean water is allowed to enter these drains. Examples of possible signage include: ‘Clean Rainwater Only, Clean water only - ‘H20 only’.
Maintenance of Stormwater Treatment Devices
21. All wastewater and stormwater treatment devices (including drainage systems, sumps and traps) shall be regularly maintained in order to remain effective. All solid and liquid wastes collected from the devices shall be disposed of in a manner that does not pollute waters.
22. All heavy vehicles travelling to and from the site from Cumberland Highway shall traverse the following roads only, Stuart Street, McCredie Road, Fairfield Road, Dursley Road, Pine Road, Loftus Street, Norrie Street and Kiora Crescent.Heavy Vehicle Routes
23. Salt slag produced by the Rotary Furnace must be processed or caused to be processed so that it is, at least, suitable for disposal to a landfill appropriately classified to receive salt slag.
Dross and Smelter waste
24. Despite anything to the contrary in this development consent, the Rotary Furnace may process dross generated at Yennora and from the Rolling Mill Cast House of the Point Henry (Victoria) Smelter but must not process dross or any other waste or any other aluminum bearing by-products from any primary aluminum smelter located in Australia or any other country.
25. The operator must maintain a telephone complaints hotline for the purpose of receiving complaints from members of the public in relation to activities conducted at the premises.Telephone complaints hotline
- The operator must notify the public of the complaints telephone hotline number on its web-site and in a published notice in a suitable publication circulated in the locality within 3 months of this development consent.
26. The operator must keep a legible record of all complaints made to the operator or any employee or agent of the operator in relation to pollution arising from any activity.
Recording of pollution complaints
The record must include details of the following:
a) the date and time of the complaint;
b) the method by which the complaint was made;
c) any personal details of the complaint which were provided by the complaint or, if no such details were provided, a note to that effect;
d) the nature of the complaint;
e) the action taken by the operator in relation to the complaint, including any follow-up contact with the complainant; and
f) if no action was taken by the operator, the reasons why no action was taken.
The operator must ensure that the record of complaint is kept for at least 7 years after the complaint was made. The record must be produced to any authorised officer of the NSW EPA and the Council who asks to see them.
27. Within 3 months of this development consent, the operator shall establish a Community Consultative Committee (CCC) for the development.Community Consultation Committee
- The CCC shall:
- I 2 representatives from the operator, including the person responsible for environmental management on site;
II 1 representative from Council (if available);
III 1 representative from the NSW EPA (if available); and
IV as many members of the local community who wish to attend.
I the operator on improved environmental management and community relations, including the provision of information to the community and the identification of community initiatives to which the operator could contribute;
II the Council regarding the conditions of this development consent; and
III the general community on the performance of Rotary Furnace 3 with respect to environmental management and community relations.
The operator shall:
The operator's attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including:
NOTE: Other Necessary Approvals
ATTACHMENT ‘A’
1. BUILDING LINE : The building line for the purposes of Section 308 of the Local Government Act, has been fixed at 15 metres to Loftus Road and Norrie Street and 7.62 metres to Kiora Crescent.
Conditions from Development Consent 80/40
- That part of the site between the road alignment and the building line shall be suitably landscaped and maintained. It shall be kept free of buildings, roads and paths (except access directly across the landscaped strip), parked vehicles and stored materials. Full details of landscaping must be submitted for consideration with the building application. A dwarf wall is required around the edges of the landscaped areas to prevent vehicular access within this area.
2. OFF-STREET PARKING : Adequate provision shall be made on the site and behind the building line for the parking of employees’ and visitors’ vehicles. The minimum provision required is 1 car space (2.5m x 5.5m) for each 70 square metres of floor area or 1 car space for every two employees, whichever is the greater. A plan showing the details of parking facilities must be submitted with the Building Application referred to in Condition 15. The parking area and access roads are to be constructed, sealed, marked and drained, to Council’s satisfaction. The area is to be used for employees’ vehicles only and not for storage or new or used materials, finished goods or commercial vehicles. A total of at least 11 spaces is required on the site in accordance with the floor area of plans submitted with this application, making a total of 498 spaces for the total development.
3. STORMWATER DRAINAGE : No line of natural drainage nor any drainage channel, pipeline or other work is to be filled in, diverted or otherwise interfered with, except by construction of a pipeline of size, materials and location approved by the Council. Approval of Engineering plans and specifications for construction will be required before release of the building application.
6. INDUSTRIAL WASTE WATER : Industrial waste water is not to be discharged onto the site, nor onto neighbouring land, nor into any road, drain, pipeline or watercourse.
7. UNREASONABLE NOISE : The industry shall be conducted so as to avoid unreasonable noise and cause no interference to adjoining industrial occupations. Special precautions must be taken to avoid nuisance in neighbouring residential areas, particularly from warning sirens, public address systems, heavy duty compressors and the like.
9. AMENITIES : Provision of toilet facilities and amenities to the satisfaction of the Council’s Inspector.
16. FUTURE ADDITIONS : Any future additions to the buildings or occupations of the site will require the prior consent of the Council.13. AMENITY OF THE NEIGHBOURHOOD : All industrial activity is to be conducted so that it causes no interference to the existing and future amenity of the adjoining industrial occupations and the neighbourhood in general.
ATTACHMENT ‘B’
Note: The following conditions are derived from the General Terms of Approval given by the Department of Environment and Climate Change (DECC).
Administrative Conditions
A1.1 Except as expressly provided by the other conditions in this Attachment, works and activities must be carried out in accordance with the proposal contained in:All Information supplied to the EPA
L3 Concentration limits
L3.1 For the monitoring/discharge point being the emissions stack for Rotary Furnace 3 specified in the table below (by point number 5), the concentration of a pollutant discharged from that point, must not exceed the concentration limits specified for that pollutant in the table.
AIR
POINT 5
| Pollutant | Units of measure | 100 percentile concentration limit |
| Cadmium | mg/m3 | 0.2 |
| Dioxins & Furans | ng/m3 | 0.1 |
| Type 1 and Type 2 substances in aggregate | mg/m3 | 1 |
| Hydrogen chloride | mg/m3 | 50 |
| Total Fluorides (as HF) | mg/m3 | 10 |
| Mercury | mg/m3 | 0.2 |
| Nitrogen Oxides | mg/m3 | 100 |
| Opacity | % opacity | 20 |
| Solid Particles | mg/m3 | 10 |
| Volatile Organic Compounds | ppm | 20 |
Operating Conditions
01 Rotary Furnace 3 Permissible Aluminum Containing Feedstock
01.1 Subject to condition 24 of this development consent, Yennora Dross, Point Henry Dross, Used Beverage Cans, Smelter Scrap and General Aluminum Scrap are the only permissible Aluminum containing feedstocks for Rotary Furnace 3.
Monitoring Conditions
M2 Requirement to monitor concentration of pollutants discharged
M2.1 For the monitoring/discharge point being the emissions stack from Rotary Furnace 3 specified in the table below (by point number 5), the operator must monitor (by sampling and obtaining results by analysis ) the concentration of each pollutant specified in Column 1 in the following table. The operator must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns.
POINT 5
| Pollutant | Units of measure | Frequency | Sampling method 2 |
| Cadmium | mg/m3 | Quarterly | TM-14 |
| Dioxins & Furans | mg/m3 | Quarterly | TM-18 |
| Type I and Type 2 substance in aggregate | mg/m3 | Quarterly | TM - 12& 13 |
| Hydrogen chloride | mg/m3 | Quarterly | TM-8 |
| Hydrogen fluoride | mg/m3 | Quarterly | TM-9 |
| Mercury | mg/m3 | Quarterly | TM-14 |
| Nitrogen Oxides | % | Quarterly | TM -11 |
| Opacity | % | Continuous | CEM-1 |
| Solid Particles | mg/m3 | Quarterly | TM -15 |
| Volatile Organic Compounds | mg/m3 | Quarterly and continuous 1 | TM - 34 & CEM-8 |
| Dry gas density | mg/m3 | Quarterly | TM-23 |
| Moisture content | % | Quarterly | TM -22 |
| Oxygen (02) | % | Quarterly | TM -25 |
| Temperature | °C | Quarterly | TM -2 |
| Velocity | m / s | Quarterly | TM -2 |
| Volumetric flow rate | m3/ s | Quarterly | TM -2 |
Note 1 : Continuous monitoring is required after 31 October 2007.
Note 2 : These sampling methods are defined in the dictionary of the environment
protection licence that was granted to the operator for the Yennora site.
Reference Conditions
These reference conditions must apply when taking samples from point 5.
| Pollutant | Reference Conditions | Averaging period |
| Opacity | Gas stream temperature above dew point, path length corrected to stack exit diameter | 6 minute block calculated from at least 36 data points evenly spaced over each 6 minute period |
| VOCs | n-propane equivalent | 1 hour rolling |
| Dioxins and Furans | Dry 273K 101.3kPA 19% 02 | Rolling annually |
| All other air pollutants | Dry 273K 101.3kPA 19% 02 | As per test method |
M2.2 The selection of sampling positions must be carried out in accordance with test method TM-I (see Note 2 above).
M2.3 The operator is to submit an annual monitoring report of concentrations of pollutants discharged including an evaluation of compliance with the conditions of this development consent to the Council.
Pollution Studies and Reduction Programs
U1 Continuous VOC monitoring
By 31 October 2007 the operator must commence continuous Volatile Organic Compounds monitoring in accordance with CEM-8.
U2.1 ObjectivesU2 Dioxin Emission Capture and Reduction
U2.2 Dioxin Emission Capture and Emission Control Report
1) Benchmarks the design, operation and performance of rotary furnace 3 against international best practice for secondary aluminum smelters. The benchmarking must refer to recent research and current versions of the following documents:By 31 December 2007 the operator must submit in writing to the EPA Manager Sydney Industry, P0 Box 668 Parramatta 2124 , a report that:
(a) United Nations Environment Programme (UNEP), Draft Guidelines on Best Available Techniques (BAT) and Guidance on Best Environmental Practice (BEP) relevant to the provisions of Article 5 and Annex C of the Stockholm Convention, Section V Subpart D Secondary Aluminum Production, January 2005; and
- (b) European Commission Integrated Pollution Prevention and Control (IPPC) Reference Document on Best Available Techniques in the Non Ferrous Metals Industries, Pollution Control in the Secondary Aluminum Industry, December 2001.
2) Discusses all relevant measures, including (but not limited to) pre-sorting and treatment of feed material, fugitive emissions capture and dioxin control technologies,
3) Outlines a timetable for the implementation of the identified measures.
Dioxins means dioxin and furans as defined in clause 29 of Part 4: Emissions of Air Impurities from Activities and Plant in the Protection of the Environment Operations (Clean Air) Regulation 2002.
The measures outlined for implementation must be carried out within the time periods specified by the NSW EPA and in accordance with the requirements of the NSW EPA.
U3 Dioxin Emission Reduction -- Continuous Improvement
U3.1 Objective
The objective of the Pollution Reduction Program for dioxins is to ensure continuous improvement in applying best available techniques (BAT) and best environmental practices (BEP) to reduce emissions of dioxins as far as practicable.
U3.2 Continuous Improvement Report
By 31 December 2007 and hence annually, the operator must submit in writing to the EPA Manager Sydney Industry PO Box 668 Parramatta 2124 , a Continuous Improvement Report that
2. Benchmarks the design, operation and performance of the premises against international best practice for secondary aluminum smelters. The benchmarking must refer to recent research and current versions of the following documents:1. Discussed the BAT and BEP measures implemented in the past 12 months;
a) United Nations Environment Programme (UNEP), Draft Guidelines on Best Available Techniques (BAT) and Guidance on Best Environmental Practice (BEP) relevant to the provisions of Article 5 and Annex C of the Stockholm Convention, Section V subpart D Second Aluminum Production, January 2005; and
b) European Commission, Integrated Pollution Prevention and Control (IPPC) Reference Document on Best Available Techniques in the Non Ferrous Metals Industries, Pollution Control in the Secondary Aluminum Industry, December 2001.
3. Evaluates the cost-effectiveness of the BAT and BEP measures not yet implemented at the premises; and
4. Identifies measures to be implemented in the next 12 months.
The measures outlined for implementation must be carried out within the relevant 12 month period and in accordance with the requirements of the NSW EPA.Dioxins means dioxin and furans as defined in clause 29 of Part 4; Emissions of Air Impurities from Activities and Plant in the Protection of the Environment Operations (Clean Air) Regulation 2002.
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