The operators of a fire-prone Geelong tip must start an immediate clean-up of the site and provide a $1.195 million guarantee this week.
Victorian Civil Administrative Tribunal’s (VCAT) latest ruling forms part of a long-running dispute between Geelong’s council and Natjon Pty Ltd’s Lovely Banks recycling plant.
VCAT issued the enforcement order last week after Natjon breached conditions of its planning permit.
Under the order, Natjon must “immediately” stop using the Staceys Rd site as a recycling facility and remove all prohibited material within four months.
The decision comes after Natjon failed to comply with past orders to supply a bank guarantee and remove prohibited material by specified dates, the tribunal heard.
An inspection by VCAT senior member Geoffrey Code last week found “significant” quantities of prohibited material at the site and no machine processing of material.
“Council has pressed the respondents on many occasions to remove this material without success,” Mr Code said.
In March the tip was the site of a mulch fire that took 130 firefighters five days to extinguish.
There was no firefighting water at the site, with fire crews providing 10.5 million litres of water to extinguish the fire, the tribunal heard.
VCAT found that since the incident Natjon failed to engage in fire prevention measures or prepare a fire risk plan.
Mr Code labelled the tip a “risk to public safety” with prohibited material remaining at the site.
“The contravention is serious because it has caused and is causing fire risks,” he said.
Natjon must provide an unconditional $1.195 million bank guarantee to cover the costs of the clean-up by Thursday, the tribunal heard.
Natjon asked for an $800,000 guarantee and a time extension to remove the material, but Mr Code refused the requests.
“It is wholly unacceptable to ignore the condition, ignore the Tribunal’s order and some seven months later seek a more lenient obligation,” he said.
“The respondents have already had sufficient time to remove the prohibited material.
“Extensions of time have already been granted by the tribunal.”
The enforcement order also requires daily temperature monitoring of waste stockpiles, with logbooks sent to the CFA weekly.
