Neil Richardson

6/15/2017 Dirty Soil – Creating, Kippers Creating, Kippers  UNI Dirty Soil When Jim Sullivan, the local community spokesperson, took a pleading phone call last month from a desperate company executive, it confirmed what the lawyers in Melbourne had told him. If the residents were to press for class action proceedings, they had a very strong case. “If they would just sit down with me and the community representatives all this could be sorted. It might cost a couple of million, but that is just a bucket of money compared to what the site is worth,” he said. Instead, controversy rages around a decommissioned lead smelter, with accusations of secret deals between government departments and the site Administrator, the stigma of having contaminated property and big bucks being made out of property development. In September 2003, the Pasminco Cockle Creek Smelter in New South Wales was put into administration. Melbourne firm Ferrier Hodgson were called in as the site Administrators and were told to remediate the site by the Office of Environment and Heritage (OEH) under the Contaminated Land Management Act. This meant that the smelter site would be fully remediated by a “cap and cover” process. The contaminated soil is placed in a cell and covered; it is then replaced with fresh, untainted soil. The houses of Boolaroo and Argenton used to sit in the shadows of the Pasminco lead smelter. For over 100 years the residents of these tiny working class suburbs of Lake Macquarie went about their daily business, unaware that the smokestacks that towered above them were silently belching pollution onto their properties below. As the smelter had polluted the area around it, a rough grid was set up by Mr Sullivan ─ who was the local Environmental Officer at the time ─ to ensure that those houses within it were also investigated for lead contamination. Rona King is one affected resident who has lived in Argenton for over 50 years. During that time her children and her grandchildren have played in the lush green garden attached to her house. HYPERLINK GARDEN PHOTO? Her property is one of the houses within the grid system. It currently has lead contaminated soil of 1540 parts per million with the recommended level standing at no more than 300 ppm. https://awkcmedia.wordpress.com/2017/06/13/dirty-soil/ 1/5 6/15/2017 Dirty Soil – Creating, Kippers By using what he called “primitive protocol,” Mr Sullivan devised the grid for Lake Macquarie City Council. It roughly identified ground locations that could have received atmospheric contamination from the smelter. Controversially though, the grid was used by a Commission of Enquiry as “best available data” without Mr Sullivan’s support and was thus enshrined thereafter. Mr Sullivan said that one of the problems was that the grid encompassed houses on one side of the street and not the other, so some were deemed as being affected and some not. Between the Department of Planning, OEH and Ferrier Hodgson the Lead Abatement Strategy (LAS), based on the unsupported grid, was signed off without community representation. “In November 1995, as part of a development consent, a specific area around the smelter site was identified within which it was considered that residential properties may have been affected by lead dust depositions due to the smelter operations. “In February 2007 the Minister for Planning granted approval for the general remediation of the smelter site,” the LAS says. Those residents deemed to fit into the grid of polluted properties would receive up to 50mm of fresh soil placed on top of their contaminated gardens, with their Certificate 149’s attached to their land being amended by the local council. Section 149 Planning Certificates contain information on how a property might be used and the restrictions on development. They are requested when a property is to be redeveloped or sold. This amendment stipulated that the property had possible affectation by lead contamination. It is this stigma of property within a grid area that is deemed contaminated when the entire Shire could be deemed contaminated that irks the locals. “On the 149 certificate they are still going to make discrimination, but once remediation is done, it should rank exactly the same as every other place in the Shire. They carted lead everywhere, and they might be contaminated with lead . . .the stuff is all over the bloody Shire,” local businessman and community committee member Peter Adam said. However, a Department of Planning spokesperson said, “The remediation of the former Pasminco Cockle Creek Smelter site and the lead abatement works in the surrounding community are two distinct and separate processes.” The site Administrator agreed. “The remediation of the former smelter site land directly contaminated by smelter operations and waste cannot be compared to abatement works at surrounding houses which have been affected by lead dust in the air,” a spokesperson said. Jim Sullivan disagrees. “Why not? They were both contaminated by the same source,” he said. “They agreed on a strategy, more or less in secret, with the developers and it is an inappropriate strategy. “They did a deal with the developers and allowed a remediation program that did not include people’s properties. Or the remediation program wasn’t what was required to remove the contaminants from the soil,” Mr Sullivan said. The Department of Planning, however, state all planning processes were conducted openly and with full consultation with the community. https://awkcmedia.wordpress.com/2017/06/13/dirty-soil/ 2/5 6/15/2017 Dirty Soil – Creating, Kippers The residents are suspicious of the LAS and also dismissive of this statement. “Secret handshake behind closed doors,” Mr Adam said. Local Green Party Councillor Phillipa Parsons was also scathing of the LAS, in particular, the amount of soil Ferrier Hodgson would supply to contaminated properties as part of the lead abatement strategy. “When you factor in erosion from rain and wind or if someone decides to excavate to put in a pool, it’s ridiculous. That lead isn’t going anywhere. “Over years and years of lead testing that they have done, the whole of Boolaroo and Argenton is contaminated, and fifty millimetres is not sufficient to remove the contamination. It goes a lot deeper than that,” she said. Ferrier Hodgson disagreed and said that the Lead Abatement Strategy was created some years ago based on input from regulators and experts. The experts were responsible for recommending the levels of abatement works required. Ferrier Hodgson also stated that they had no legal requirement to remediate any offsite contaminated properties and that one of the options for the smelter site was to padlock the gate. “This would have seen the site remain an industrial eyesore indefinitely,” a spokesperson said. “They decided to be the Administrator, and they decided to be the developer. With that they took on the responsibility that any developer takes on,” Mr Adam said. As for locking the gate and walking away, Mr Adam said, “They elected to go the way they did because they could make a bucket of money.” Mayor Piper of Lake Macquarie City Council stated that the council did not support the LAS that was signed off and submitted appropriately against it, providing alternative measures and proposals to be considered by the State agencies. Ultimately though he believed that it was the Department of Planning that had “council over a barrel on this site.” “Clearly the State has been sensitive to arguments/threats put by the Administrator that they would walk away from the site putting it at risk over all remediation,” he said. The Department of Planning denied this stating that it was not true that they had pressurised the Lake Macquarie City Council. Mr Adam believed that the government authorities that should have been administrating the issue had let the public down. He had written to newly elected Minister Hazzard, at the Office of Environment and Heritage voicing the community’s fears. “I stressed at the outset, that the people of Boolaroo were very concerned about private meetings that were had with Ministers in the past and we didn’t want this to happen now without at least him hearing our side of the story . . . I would bet London to a brick he’s had a meeting with the Administrators,” he said. The Department of Planning, however, are adamant that they have been open in their dealings with the local community and maintained that all planning processes about the issue had been conducted openly and transparently and with full consultation with the community and Lake Macquarie City Council. Ferrier Hodgson stated that they too had been transparent on the issue and refuted accusations that they were “faceless” in meetings and believed that they had a good relationship with the community. https://awkcmedia.wordpress.com/2017/06/13/dirty-soil/ 3/5 6/15/2017 Dirty Soil – Creating, Kippers When pressed further though, as to why they had not fronted any local community meetings a spokesperson said, “We have sent a representative to attend community meetings when appropriate.” Local Boolaroo storeowner, Stan Kiaos certainly does not agree with Ferrier Hodgson’s statement. Mr Kiaos is an important player in the community as he consistently speaks to the local residents, relaying all that has occurred in layman terms. He puts up printed signs in the front window about the most recent developments so that the residents can see what is happening on their way to the shops. “How many times did we ask [the representative] questions and he said ‘I can’t answer that question I work for Fitzsimmons’ [the Project Managers],” he said. Jim Sullivan is a little bit more scathing about Ferrier Hodgson’s statement. “As spokesperson for the community I have not had any discussion with Ferrier Hodgson, and I would have to disagree that a good relationship exists, in fact, just the opposite and it’s heading for a worsening situation,” he said. Councillor Parsons believed that the Department of Planning should also be held accountable for what had occurred. She believed that all they cared about was subdividing it, selling it off and making as much money as possible. “I think this is a classic case of our elected representatives and the beaurocracy . . . [opting] to support developers and banks over the interests of the local community,” she said. Jim Sullivan believed that the community had been severely let down by the Department of Planning, OEH and that with Ferrier Hodgson “it’s all about the money.” In the meantime, a recent meeting had all the relevant parties present ─ bar Ferrier Hodgson ─ and they agreed upon an overall package for the lead abatement plan with appropriate notification for the 149 certificates. It would be submitted to the Lake Macquarie City Council with the support of OEH. Then Ferrier Hodgson sent out the next letter, without OEH approval, stating that it was now or never. Sign on the dotted line or miss out. “The LAS is a one-time offer of an abatement program to reduce lead dust levels on residents’ properties. Once the program is closed, it is over,” a spokesperson said. Ferrier’s letter included a disclaimer that had to be signed if the resident accepted abatement. This indemnified the Administrator from any future claims about the LAS or any other matters connected to the Pasminco site. Mr Adam believed that Ferrier Hodgson’s action showed that they did not care about the package deal and that OEH did not stop this from occurring when they knew what had been agreed at the meeting. He alleged that the department representative had spoken of being sued and of the Administrators walking away from the site entirely. Ferrier Hodgson believed that the local residents had been significant benefactors since their appointment as a consequence of the work they had done. “The future development of the site [would] also provide major economic benefits to the community via the creation of employment, infrastructure [and] businesses.” https://awkcmedia.wordpress.com/2017/06/13/dirty-soil/ 4/5 6/15/2017 Dirty Soil – Creating, Kippers Mr Sullivan said that if the community had been allowed to enter the initial discussions, there should have been local residents at the table that would have been able to provide insight and direction into what should have been done fairly. Rona King, now almost 80, said, “I just think I am a bit too old to understand what they are talking about . . . I just don’t want the property to be worthless for my family once I have gone.” AWKCMEDIA  Create a free website or blog at WordPress.com. https://awkcmedia.wordpress.com/2017/06/13/dirty-soil/ 5/5