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Add page numbers and title of document as footer Imported Materials Management Guideline Earth Resources Regulation 1. Introduction This guideline has been developed by the Earth Resources Regulation Branch (ERR) of the Department of Economic Development, Jobs, Transport and Resources (the Department). Its purpose is to assist quarry operators to understand the regulatory requirements relevant to importing inert industrial waste onsite materials for the purposes of resource recovery/materials recycling/blending/reprocessing with virgin quarry material and for rehabilitation at quarry sites. In particular, the guideline lists the permissible materials and uses and respective regulators and management requirements. The guideline is aimed at sites that hold a current work authority under the Mineral Resources (Sustainable Development) Act 1990 (MRSD Act), but could also be applied at mining sites that import materials from offsite. Materials recovery is strong in the construction and demolition sector, where the recovery rate is in excess of 80 per cent overall (Victorian Government 2013). This practice provides significant value to the Victorian economy and reduces the environmental impact by keeping reusable or recyclable materials out of landfill while also reducing the demand for raw materials. As such, the appropriate recycling and reuse of materials has benefits for the environment and the community as a whole. Where these materials cannot be recycled however, they are required to be taken to a licenced landfill or waste transfer station. This guideline covers: Imported material categories and acceptance on site Approval requirements When is a material a resource or a waste Onsite operations such as site security, contamination management and stockpiling Site rehabilitation and closure What to include in an Imported Materials Management Plan and material acceptance checklists The Environment Protection Authority (EPA) has produced Industrial Waste Factsheets (EPA Publications 1436 – 1442) for individuals and industry who excavate, supply or receive waste soil and industrial waste. They should be read in conjunction with this Guideline. Factsheet 4 - Engineered/Structural Fill and Factsheet 5 - Haul Road Construction are of particular relevance to quarry sites that import industrials wastes (concrete, brick etc.), and Factsheet 2 - Fill Material Management is of particular relevance where waste soil is imported. 1.1 Earth Resources Regulation ERR regulates extractive industries through the administration of the MRSD Act and subordinate legislation. ERR’s regulatory role is principally the assessment of applications, approval of works and inspection of operations to ensure this industry complies with their obligations and meets community expectations. In addition, ERR also provides advice on how to meet requirements under the MRSD Act and other relevant Acts. Comment [RB1]: the document should clearly state that it applies and is relevant for reprocessing and blending of recycled material, with virgin quarry rock as part of an existing quarrying operation. Comment [RB2]: For clarity purposes it would be helpful to have a table of ‘who regulates what’ – e.g. EER = MRSD, Council = Planning & Env Act, etc Comment [RB3]: Importantly, focus should also be given to use of concrete recycled product in rehabilitation practises. It seems to be intentionally left out of this document but it has proven to be very useful and is acceptable in other states (NSW/WA). Comment [RB4]: It is important to clarify that reprocessing and blending recycled materials with freshly extracted virgin quarry rock is not a ‘new use’ it is the existing quarrying use. This guideline should make clear that the changing face of quarrying to be a more sustainable practise involves reprocessing and recycling of materials. This is important as it is part of the existing planning permit use ‘i.e. extractive’, it is not a new stand-alone use. It would be highly beneficial if this guideline did the same for clarity across the industry, as there really is no increased risk profile, no new use and a more sustainable practise. Issues should be addressed on a risk basis in the work plan like the rest of the operation.

Transcript of 1. Introduction Documents/… · This material type consists of soil (being clay, silt and/or...

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Imported Materials Management Guideline

Earth Resources Regulation

1. Introduction

This guideline has been developed by the Earth Resources Regulation Branch (ERR) of theDepartment of Economic Development, Jobs, Transport and Resources (the Department). Itspurpose is to assist quarry operators to understand the regulatory requirements relevant toimporting inert industrial waste onsite materials for the purposes of resource recovery/materialsrecycling/blending/reprocessing with virgin quarry material and for rehabilitation at quarry sites.

In particular, the guideline lists the permissible materials and uses and respective regulators andmanagement requirements.

The guideline is aimed at sites that hold a current work authority under the Mineral Resources(Sustainable Development) Act 1990 (MRSD Act), but could also be applied at mining sites thatimport materials from offsite.

Materials recovery is strong in the construction and demolition sector, where the recovery rate is inexcess of 80 per cent overall (Victorian Government 2013). This practice provides significant value tothe Victorian economy and reduces the environmental impact by keeping reusable or recyclablematerials out of landfill while also reducing the demand for raw materials. As such, the appropriaterecycling and reuse of materials has benefits for the environment and the community as a whole.Where these materials cannot be recycled however, they are required to be taken to a licencedlandfill or waste transfer station.

This guideline covers: Imported material categories and acceptance on site Approval requirements When is a material a resource or a waste Onsite operations such as site security, contamination management and stockpiling Site rehabilitation and closure What to include in an Imported Materials Management Plan and material acceptance checklists

The Environment Protection Authority (EPA) has produced Industrial Waste Factsheets (EPAPublications 1436 – 1442) for individuals and industry who excavate, supply or receive waste soil andindustrial waste. They should be read in conjunction with this Guideline. Factsheet 4 -Engineered/Structural Fill and Factsheet 5 - Haul Road Construction are of particular relevance toquarry sites that import industrials wastes (concrete, brick etc.), and Factsheet 2 - Fill MaterialManagement is of particular relevance where waste soil is imported.

1.1 Earth Resources RegulationERR regulates extractive industries through the administration of the MRSD Act and subordinatelegislation. ERR’s regulatory role is principally the assessment of applications, approval of works andinspection of operations to ensure this industry complies with their obligations and meetscommunity expectations. In addition, ERR also provides advice on how to meet requirements underthe MRSD Act and other relevant Acts.

Comment [RB1]: the document shouldclearly state that it applies and is relevantfor reprocessing and blending of recycledmaterial, with virgin quarry rock as part ofan existing quarrying operation.

Comment [RB2]: For clarity purposes itwould be helpful to have a table of ‘whoregulates what’ – e.g. EER = MRSD, Council= Planning & Env Act, etc

Comment [RB3]: Importantly, focusshould also be given to use of concreterecycled product in rehabilitation practises.It seems to be intentionally left out of thisdocument but it has proven to be veryuseful and is acceptable in other states(NSW/WA).

Comment [RB4]: It is important toclarify that reprocessing and blendingrecycled materials with freshly extractedvirgin quarry rock is not a ‘new use’ it is theexisting quarrying use. This guidelineshould make clear that the changing faceof quarrying to be a more sustainablepractise involves reprocessing andrecycling of materials. This is important asit is part of the existing planning permit use‘i.e. extractive’, it is not a new stand-aloneuse. It would be highly beneficial if thisguideline did the same for clarity across theindustry, as there really is no increased riskprofile, no new use and a more sustainablepractise. Issues should be addressed on arisk basis in the work plan like the rest ofthe operation.

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1.2 Purpose of the guidelineThe purpose of this guideline is to provide practical guidance (recommended practice) to quarryoperators for the management of materials imported into quarry sites for the purposes of siterehabilitation and/or materials recycling. Following this guideline will help ensure compliance withenvironmental legislation related to these practices.

1.3 Who should use this guidelineThis guideline is primarily for use by quarry operators who hold a current work authority and importor may import materials to a location within the work authority. This guideline is not intended forwaste or materials that are generated on site (for example, redundant equipment, excess quarryproducts or used tyres). However the general principles of waste management outlined in thisguideline may still be relevant for reuse of products manufactured on site such as bricks or excessquarry materials.

This guideline is not intended for former quarry sites where there is no current work authority.While these sites may be importing materials as part of the final land use development, they fallunder the regulatory jurisdiction of EPA or the local Council. However, the general principlesoutlined in this guideline may still be relevant.

1.4 Legislative FrameworkThree Victorian Acts of Parliament are relevant to the importation of materials into quarry sites.These are the MRSD Act, the Environment Protection Act 1970 and the Planning & Environment Act1987. For further information on the application of these Acts, refer to Appendix 1.

2 Imported material categories

Materials imported into quarry sites predominately consist of industrial waste or fill material. Thesematerials are described below in more detail.

Typically, prescribed industrial waste (PIW) is soils contaminated with hydrocarbon, metal orpesticide/herbicides. It can be similar in appearance to fill material and as such, PIW has also beendescribed in more detail below. PIW must not be accepted on site unless approval from EPA hasbeen obtained.

The material descriptions are based on EPA’s Industrial Waste Resource Guidelines (EPA 2012).

Industrial WasteIndustrial waste includes waste arising from all commercial, industrial or trade activities. It is themain material imported onto a quarry site for the purpose of resource recovery, often consisting ofsolid inert waste such as concrete, bricks, asphalt, dry timber and metals. These materials aremainly sourced from building construction/demolition, renovations or repairs, and road constructionand maintenance and does not require EPA approval.

For an industrial waste to be suitable for recycling, it must meet the criteria for classification as aresource rather than a waste. Refer to Section 4 for further details outlining the difference betweena waste and a resource.

Fill material (also known as clean fill)This material type consists of soil (being clay, silt and/or sand), gravel and rock of naturally occurringmaterials. This soil is generally imported for the purpose of site rehabilitation or site maintenance

Comment [RB5]: Care needs to beexercised here as the importation ofmaterial should be considered part of theexisting quarrying use rights. Assessing andapproving an extraction operation is ahigher risk assessment than importing,blending etc materials for quarryingpurposes. Recycling of materials andblending of the same should be consideredpart of the changing face of quarrying andit is not a ‘new use’ under the P&E act.Lawyers may be able to advise EER aboutP&E Act. Member companies haveobtained legal opinion that supports thisperspective. This guideline should reiteratethis perspective to remove futureuncertainty.

Comment [RB6]: This should be clearerand commentary should be made onbricks, concrete and bitumen, as these arethe more common construction materialsthat are recycled. It would be expectedthat these are not Prescribed IndustrialWaste and the importation of bitumen,asphalt and concrete does not result in thepremises being classified as scheduledpremises, and therefore no works approvalfrom the EPA is required

Comment [RB7]: Operators should stillbe able to import clean rock/sand, egpaddock rock for blending and processingwith quarry material without anyadditional regulation. This material shouldbe explicitly excluded from this guideline.

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and may be from a range or sources including rural sites and domestic or commercial developments.This material may be classified as ‘Fill Material’ where it is free from industrial waste such as bricks,and has contaminant levels below those specified in the EPA Publication IWRG621 Soil hazardcategorisation and management.

Prescribed Industrial WasteThese wastes have the potential to adversely impact human health and the environment. They mayeither be from an industrial, trade or commercial source or be contaminated soils. These wastes areclassified as hazard category A, B or C in accordance with IWRG631 Solid industrial waste hazardcategorisation and management or IWRG621 Soil hazard categorisation and management. Asbestosis also classified as a prescribed industrial waste. These wastes must not be imported or stored onsite unless there is an EPA licence in place.

3. Approval requirements for importing materials

Table 1 outlines a range of activities for which a quarry site may want to import materials. Itdescribes the materials that may be suitable for this activity and the approval that would berequired.

It is highly recommended that discussions are initiated with Council and the Department as soon asany changes to land use or site operations are being considered. Seek advice in writing to ensureapproval requirements are clearly understood by all parties.

Table 1. Activities relating to material importation and associated requirements

Activity Acceptable materialsat a quarry site

Regulator Approval Mechanism Material end use

Rehabilitation Fill material - soil,sand, clay or rock

TheDeptDEDJTR.

Compliance with EPAIWRG621

Requirement for Importedmaterials managementplan for new work plans orwork plan variations

Siterehabilitation,site maintenance

Acid sulphate soils EPA andtheDeptDEDJTR.

Environment ManagementPlan (EMP) approved byEPA and ERR approval viarisk based work plan

Siterehabilitation

Drilling mud (wherethe soil componentmeets therequirements forclassification as fillmaterial and the liquidcontains only water)

TheDeptDEDJTR.

Imported materialsmanagement planincluding requirement toprevent runoff to theenvironment

Siterehabilitation

Comment [RB8]: Careful as this is not achange to use under the P&E Act. It is thechanging face of the quarrying use whichalready undergoes amenity assessmentthrough the P&E Act. An assertion that it isa new use is inaccurate.

Formatted Table

Comment [RB9]: Operators should stillbe able to import clean rock/sand, egpaddock rock for blending and processingwith quarry material without anyadditional regulation. This material shouldbe explicitly excluded from this guideline.

Comment [RB10]: This should becarefully considered…. Compliance withEPA Guideline should be within the RiskBased Work Plan, an Imported MaterialsManagement Plan shouldn’t be. An IMMPshould be a procedural siteprocess/component of the EMP which canbe updated from time to time andamended to meet the criteria = Compliancewith EPA guideline. This should not bescrutinised by the DEDJTR at this fine levelof detail. The Dept should be concernedthat the EPA guideline is being compliedwith only.

Comment [RB11]: NB that recusedmaterial can be used in rehab as well andmixed with other products.

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Activity Acceptable materialsat a quarry site

Regulator Approval Mechanism Material end use

MaterialsRecycling/Production

Solid inert industrialwaste includingconcrete, bricks, tilesasphalt, timber,metals

Excess wet concretemixture (without freeliquid)

Council Planning permission fromcouncil

Recycled into asaleable oruseable product.Used on site eg.for haul roadconstruction

Vegetation, treebranches

Council Planning permission fromcouncil

Recycling intomulch for resaleor sitemaintenance/rehabilitation

WasteTransferStation

Nil Council Planning permission fromcouncil

Needs to be excised fromwork authority area

-

WasteDisposal/landfill

Nil EPACouncil

EPA licencePlanning permission

Needs to be excised fromwork authority area

-

Rehabilitation Purposes

Fill material may be used for site rehabilitation in accordance with the site rehabilitation plan, whichforms part of the approved work plan (See Section 6). In addition, for a new work plan or a workplan variation, the Department will include a condition requiring that an imported materialsmanagement plan be developed prior to importing material on site for rehabilitation purposes (seesection 5.1).

Other materials (such as concrete or PIW), are not suitable for use in rehabilitation, unless a sitespecific approval has been granted by EPA and the Department.

Recycling of Industrial wasteThe Department supports the practice of materials recycling within a work authority area where it iswell managed. However, planning approval from the local council (see 1 below) must be obtainedprior to the commencement of the recycling activity, unless existing use rights apply (see 2 below).

1. Planning approvalUnder the Victoria Planning Provisions (VPPs), a planning permit is required to operate a materialsrecycling facility. The quarry operator needs to apply to the local Council for a permit and theapplication must have regard to Clause 52.45 and Clause 52.10 of the VPPs. It is likely that theapplication will also be referred to the Department for comment.

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Comment [RB12]: Careful with thesecomments as material recycling forproduction is not a new use under P&E Actand so a new planning permit is notrequired. It is considered part of theexisting use rights of a quarrying/extractionoperation.NB products are usually blended.

Comment [RB13]: Should be regulatedby DEDJTR rather than council when mulchis used for onsite maintenance orrehabilitation as part of approvedrehabilitation plan, not additional planningpermit from council

Comment [RB14]: Quoteregulation/legislation that supports this

Comment [RB15]: Quoteregulation/legislation that supports this

Comment [RB16]: This position shouldbe reconsidered and discussed with EPAand DED if it is meant to apply to concretewaste product being reprocesses withblended material and used in rehab. Thistype of material is very effective and safe inrehabilitation. It is acceptable in otherstates (NSW/WA). Please considerremoving this type of statement if it’sapplication is towards concrete wasterecycled products

Comment [RB17]: this should be partof extractive use. It is not a new use for asite therefore approval forquarrying/extractive use should permitreprocessing and blending of material aspart of quarrying activities.

Comment [RB18]: Relevant for a newmaterials recycling facility only rather thana facility within a quarry blending virginand recycled material.Blending with recycled material does notconstitute a new use. Dept may wish toseek legal advice on this as membercompanies have contrary legal advice forrecycling concrete into a blended product.

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2. Existing Use RightsExisting use rights may apply to a site if a recycling activity has occurred for more than 15 years.Where existing use rights do apply, the site may not need a planning permit to continue to operateas a recycling facility. The local Council determines if existing use rights apply at a site. Where itapplies, written confirmation should be sought from the Council, and this should also be provided tothe Department.

Further information on planning requirements and how they apply at a specific premise should besought from the relevant local Council.

Waste Disposal/Landfill

A landfill or waste disposal site cannot be located within the works authority area. To operate alandfill an EPA licence would be required and a planning permit for ‘refuse disposal’. The site wouldthen need to be excised from the work authority before accepting waste.

The requirement for EPA approval may also apply where materials that could be recycled (such asconcrete) are deposited onsite and stored unprocessed for an undefined timeframe, as the site haseffectively become a landfill.

See section 4 for more information on determining when a material is considered a waste or aresource and potential enforcement or rectification requirements where an material is not managedappropriately.

Waste Transfer StationA waste transfer station is not a suitable activity to take place within a work authority area. Shouldan operator wanthat to run a waste transfer station, a planning permit would be required and thesite would be excised from the work authority.

Table 2 lists materials/wastes that are unsuitable for acceptance on a quarry site.

Material Type Appropriate destinationDomestic waste Municipal landfillPrescribed industrial waste (PIW) – includingcontaminated soil

Premise licensed by EPA to accept PIW of theappropriate category (eg. Landfill or treatmentfacility)

Acid sulphate soils – unless an EPA approvedEMP is in place for the site

Premise licensed to accept ASS – need to checkwith EPA

Asbestos Landfill licensed to accept asbestosTyres Recycling facilityIndustrial waste that is not considered solid inertwaste and/or where it is not intended forrecycling on site

Waste Transfer station, offsite recycling facilityor landfill

Table 2. Unsuitable Imported materials

To summarise, if material is being accepted for rehabilitation, a quarry must demonstrate that thematerial meets the definition of fill material in accordance with IWRG621. If a quarry is acceptingmaterials for recycling, a permit from council is required (except where existing use rights apply).If a quarry is accepting anything else, then EPA approval is usually required.

Comment [RB19]: A quarry is not arecycling facility.Perhaps legal advice should be sought onthe Objective of Clause 52.45 d 52.10 ofthe VPPs as quarrying/extractive is aprimary use and blending is part of thatuse. As long at the material is not an EPAPIW then no further assessment is requiredand existing use rights specifically forrecycling & process of material are notrelevant.

Comment [RB20]: Definition should beclearer as sometimes quarrying storeconstruction materials in a depot type useand this is totally independent of a wastetransfer station.

Comment [RB21]: Bricks, bitumen andconcrete should be specified as anexclusion of the definition of IndustrialWaste

Comment [RB22]: See previouscomments. This is not correct forblended/reprocessed material.

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4. When is a material a waste or a resource?

To determine whether a material is considered a waste that needs to be disposed of to landfill ormeets the requirements of being a resource (which can be recycled or used on site), a site operatorwould need to demonstrate that it can meet the conditions outlined in this section. An ImportedMaterials Management Plan should be developed to describe how these conditions are being met(refer to Section 5.1). The onus is on the site operator to ensure these conditions are being met forthe material type being imported on site.

Fill MaterialTo be used on site, soil must be classified as fill material in accordance with IWRG621 Soil hazardcategorisation and management and must not contain industrial waste. Where the soil does notmeet these requirements, it is considered a waste and must be managed accordingly.

Industrial Waste as a resourceEPA‘s Industrial Waste Factsheets specify the conditions that need to be satisfied to classify anindustrial waste as a resource rather than a waste. These materials are considered a resource wherethey are used as an input or raw material substitute, following reprocessing.

At quarry sites, this would typically involve the importation of waste concrete or bricks from ademolition site which is then reprocessed (crushed) to a specified size and made available for resaleor reuse as a quarry product substitute or blended with virgin quarry material (for example, roadbase product or temporary haul road material).

To demonstrate that an imported material is being reused/recycled appropriately (and is thereforeconsidered a resource) the following conditions need to be met as per EPA’s Factsheet: The material can be processed to meet a particular engineering standard such as VicRoads

Specification 820 –Crushed Concrete for Pavement Sub Base or a specification provided by apurchaser.

The final product is free from contamination such as metals or plastics. A market or clearly specified future use or need for the final product has been identified. A schedule for material processing has been developed to reflect the identified market. Details of the source, destination and relevant stakeholders for the imported materials are

maintained.

Industrial Waste - remaining a wasteWhen the conditions discussed above are not being met, the material is not fit for purpose andtherefore remains an industrial waste. Specific examples include situations where: minimal or no crushing or processing is occurring or is planned, while the volume of material

continues to grow. contamination cannot be removed or different materials cannot be separated sufficiently to

meet a specification. the material is stored or stockpiled for future processing without a clear understanding of the

future need for its use.

Enforcement/RectificationWhere imported materials are not used or recycled appropriately or an approval is not in place toconduct the importation activity, they remain industrial wastes and must be deposited at a site thatis licensed to accept them. Depositing , dumping, discarding or abandoning industrial waste withoutapproval is an offence under the Environment Protection Act 1970. Where non-compliance is

Comment [RB23]: This is like an EMP,i.e. an operating procedure that should notneed to be approved by government as it isthe site processes. The regulator needs tobe concerned that the proposal complywith the legislative requirements andguidelines to avoid risks

Comment [RB24]: Bitumen, asphaltand concrete are not PrescribedIndustrial Waste… The importation ofbitumen, asphalt and concrete does notresult in the premises being classifiedas scheduled premises, and thereforeno works approval from the EPA isrequired.

Comment [RB25]: This exactapplication does not require PlanningPermit approval and permitting forquarrying operations covers this use

Comment [RB26]: This is quite clearand well described.

Comment [RB27]: It has already beendescribed in the previous comments thatthis is not warranted.

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detected, EPA can issue a clean-up notice requiring the removal of the material or undertake furtherenforcement action as necessary.

In circumstances where there is a planning permit for quarrying or extractive operations in place andsolid inert materials such as concrete stockpiled on site, without a market determined the site mayprocess existing material for recycling or to accept new material for recycling in future. However,nothing precludes the EPA from taking enforcement action if deemed necessary, depending on thecircumstances surrounding the offence.In circumstances where there is currently no approval in place but solid inert materials such asconcrete are on site, it may still be appropriate for the site to apply for a planning permit for amaterials recycling facility. This may allow the site to process existing material for recycling or toaccept new material for recycling in future. However, obtaining a planning permit does not precludeEPA from taking enforcement action if deemed necessary, depending on the circumstancessurrounding the offence.

5 OPERATIONAL MANAGEMENT

This section outlines the recommended practices that should may be adopted to help ensurecompliance with legislation related to the practice of importing materials. Where the purpose ofimporting is for materials recycling, then the majority of these practices should may be followed.However, when soil is imported for rehabilitation, some practices may not be as relevant.

5.1 Imported Materials Management PlanAll sites accepting imported material should have an Imported Materials Management Plan in placeprior to receiving material. In particular this will need to detail how the recommended practicesthroughout the rest of this section are being addressed. Where fill material is imported forrehabilitation, a plan will be required as a condition of a new work plan or a work plan variations.Where a recycling facility is being run, the planning permit may require the development of a plan tomanage this activity.

Regardless of whether a plan is legally required or not, the development of a plan in accordancewith this guideline provides evidence demonstrating that a site is complying with relevantenvironmental legislation. Having an effective plan is considered best practice by the Departmentand EPA.

Refer to Appendix 2 for a list of possible items to include in the plan. A site receiving fill material forrehabilitation purposes only may require less detail in the plan than that specified in Appendix 2.Where a recycling facility is present, the plan should include all the information outlined.

5.2 Contamination Management and PreventionContamination is a key risk associated with importing materials, that if not managed appropriately,can result in a lasting liability and risk of enforcement action. All efforts should may be made toaddress this risk by preventing contaminated material from entering the site in the first place. SeeSection 5.6 for management of contaminated materials if it is inadvertently received on site.

Recommended Suggested Site Operational Measures

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Comment [RB28]: Considerationshould be given to recycled materials e.g.concrete waste blended with otherproducts and used in rehabilitation

Comment [RB29]: Care should beexercised here. This is not consistent withthe Risk based work plan approach. EERshould be requiring compliance with theEPA guidelines etc but the specificsshouldn’t been included in the Work Planitself.

Comment [RB30]: See previouscomments. Recycling facility may need tobe clearly defined as producing 100%recycled products whereas quarries areblending recycled products and are not anew use under P&E Act

Comment [RB31]: As per abovecomments

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Pre Delivery Require prior notification of a delivery of material. Information to be provided includes what the

material is, the expected quantity, origin of the material and any laboratory sample results (ifrequired).

Have guidance available for clients so they are aware of what will/will not be accepted on site. Where applicable, require a soil assessment report to confirm that any soil coming on site is free

from contamination. The assessment must be in accordance with EPA requirements. Avoid accepting mixed loads of imported materials – require the producer to separate them at

the source site.

At the Quarry Entrance/Weighbridge Display a sign stating that all delivery trucks must report to the weighbridge/office first. All drivers to complete a delivery checklist prior to depositing material and include vehicle

registration, name, source of material and company. See Appendix 3 for an example checklist. Pre-acceptance inspection checklist to be filled out by the quarry operator - See Appendix 4 for

an example checklist.

5.3 Site SecurityThe site should be secured so that material cannot be brought on site undetected.

Recommended Suggested Operational Measures The imported material stockpile area should may be fenced with access via a gate operated by

pass /key/code/quarry personnel to prevent unauthorised entry. Consider installing cameras to monitor activity and to help identify the vehicle involved if

unauthorised dumping is discovered. Entry to the entire site should may only be through monitored access gates to prevent illegal

dumping of waste anywhere on site.

5.4 SortingTo meet specifications and client requirements, it is important that different materials are keptseparate both prior to and following processing.

Recommended Suggested Operational Measures Designated and sign posted areas are required for different materials e.g. brick, concrete, rock,

soil. This will ensure the materials are not mixed which then require resorting. Other materials such as metal reinforcement or incidental plastics to be mechanically removed

or sifted using an excavator or other equipment. Have bins on site to collect incidental recyclable materials such as metals, plastics and for

general waste, and arrange for them to be removed from site as required. Store the final products separately from incoming materials and other on site materials to

ensure no contamination occurs.

5.5 Stockpiling materialsStockpiling of unprocessed material or fill materials is sometimes required as part of the resourcerecovery/rehabilitation process. For materials recycling, this is most likely to occur when there is anoversupply of a material in the market. However, this is distinct from stockpiling as a means to avoidthe costs of waste disposal or where there is not a legitimate future use for the material.

Recommended Suggested Operational Measures Specify the maximum amount of imported material that can be accepted on site at any one

time. This will may be determined by the size of the storage areas, the capacity to process onsite and or the demand for the product at a given time.

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Where the limit is reached, the site should may be closed to deliveries to ensure stockpiles donot continue to grow beyond what can be processed and soldthe storage capacity of the site. Asdemand for the product returns or there are confirmed orders, deliveries can recommence.

Ensure erosion and runoff from stockpiles is controlled and contained. Bring fill material on site just prior to using it for rehabilitation. This will help prevent minimise

the soil being washed away and minimise the opportunity for weeds to grow.

5.6 Contamination and hazardous materials managementThe primary mechanism to prevent contamination is when a delivery arrives at the quarry entrance.The following recommendations apply in the event that contaminated material inadvertently entersthe site.

Recommended Suggested Operational Measures If a contaminated load is discovered, the producer is to be contacted and requested to pick up

the load for appropriate disposal. If waste has been illegally dumped on site by unknown and unidentifiable persons, its

management becomes the responsibility of the work authority holder to manage. This mayinclude contaminant testing, transport and disposal to a landfill as appropriate.

Persons caught illegally dumping waste on site should be reported to EPA and also banned fromthe site.

5.6 Other Impacts Weeds and pests should may be managed as part of a wider site pest management program and

in accordance with the existing planning permit and work authority. Noise and dust generation must be managed in accordance with the existing work authority and

Planning Permit to ensure that impacts beyond the boundary of the site meet compliance levels. Community consultation should may be undertaken as part of the site community engagement

plan. The operation (particularly any sorting and crushing) should may be strategically located away

from the site boundary and in particular away from any sensitive receptors such as residentialproperties to reduce noise or dust issues.

6. Site rehabilitation and closure

The use of imported materials has implications both for the rehabilitation of the site and its closureonce the quarry operations have ceased.

Material used in site rehabilitationRehabilitation of the site may occurs progressively (rehabilitation of worked out or surplus areaswhile extractive operations continue) and continues once extractive operations have ceased. A keypart of this is filling/landscaping the site to meet the requirements for its final land use. Unlessotherwise authorised by the Department and EPA, the only filling material that can be imported foruse on site rehabilitation is ‘fill material’.

The fill material must be fit for purpose and used in accordance with the rehabilitation plan whichforms part of the approved work plan.

Where a new work plan or a work plan variation is required, a condition will be included stating thatan Imported Material Management Plan is to be developed prior to accepting fill material on site, forthe purpose of rehabilitation.

Comment [RB32]: Please reviewprevious comment about concrete wastebeing blended with source product tomake a rehab material used to assist whengenerating batters.

Comment [RB33]: This doesn’t seemconsistent with a risk based approach. Thisis not consistent with statutory approvalprocesses.If this condition remains it should only bereviewed by DED. There is no statutoryreason to require Council/EPA.

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If a work plan is not required for the site (and therefore no rehabilitation plan), then rehabilitationmust be completed in accordance with the relevant Code of Practice (eg. Code of Practice for SmallQuarries).

Redundant equipment and materialsPrior to leaving the site, the work authority holder should rehabilitate the site according to theapproved rehabilitation plan, which may undertake include the following: Remove all equipment used for processing the imported material, unless such infrastructure is

part of the approved rehabilitation plan. Remove any waste arising from a recycling operation and dispose of accordingly. Remove any unprocessed material and dispose to landfill or other appropriate site. Sell, dispose or rehome any remaining processed material.

Where there is a planning permit in place, the local Council may impose specific requirements priorto leaving the site.

Post Quarry OperationsIn some circumstances a former quarry site will continue to be used as a materials recycling facilitypost rehabilitation of the site. However, once the work authority has been revoked, theDepartment has no continuing role in the management or administration of the site, and this insteadfalls under the jurisdiction of the local Council and/or EPA.

7. Earth Resources Regulations Contacts

Contact details for ERR District Managers

Melbourne DistrictPh: +61 03 9092 1954Mobile: 0419 593 303

Comment [RB34]: Materials recyclingor waste recycling facility?

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South West District

Ph: +61 03 5336 6802Mobile: 0447 391 274

Gippsland District

Ph: +61 03 5160 9011Mobile: 0429 400 569

North East District

Ph: +61 03 5761 1501Mobile: 0408 218 383

North West District

Ph: +61 03 5430 4692Mobile: 0409 541 160

For more information and a detailed list of contacts, please visit www.energyandresources.vic.gov.au

Comment [RB35]: Format so thatphone numbers appear under correctheading

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8. Definitions

‘Material’ is anything that serves as crude or raw matter to be used or developed

‘Materials Recycling Facility’ means land used to collect, dismantle, treat, process, store, recycle, orsell used or surplus materials

‘Recycling’ is a term used to cover a range of activities, including collection, sorting, reprocessingand manufacture into new products

‘Resource’ means a material or waste that can be reprocessed or remanufactured into a newproduct

‘Resource Recovery’ is the process of recovering value from discarded materials to make newproducts

‘Solid inert waste’ is classified as hard waste that has a negligible activity or effect on theenvironment.

‘Waste Transfer station’ is land used to collect, consolidate, temporarily store, sort or recover,refuse or used materials before transfer for disposal or use elsewhere.

‘Waste’ includes any discarded, rejected, unwanted, surplus or abandoned matter.

9. References

EPA (2009). Industrial Waste Resource Guidelines – Solid Industrial waste hazard categorisation andmanagement. Website: www.epa.vic.gov.au

EPA (2009). Industrial Waste Resource Guidelines – Soil hazard categorisation and management.Website: www.epa.vic.gov.au

EPA (2010). Industrial Waste Resource Guidelines – Waste Categorisation. Website:www.epa.vic.gov.au

EPA (2012). Industrial Waste Factsheets. Website: www.epa.vic.gov.au

VicRoads (2009). Section 820 – Crushed Concrete for Pavement Subbase and Light Duty Base

Victoria Government (2013). Getting Full Value – The Victorian Waste and Resource Recovery Policy.Website: www.delwp.vic.gov.au

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10. Appendices

Appendix 1: Legislative framework

Mineral Resources (Sustainable Development) Act 1990Victoria’s extractive industries operate in accordance with the provisions of the MRSD Act. The Actaddresses licensing and approvals, and other issues including compensation, rehabilitation androyalties for the mining and extractive industries. The Act seeks to encourage economically viablemining and extractive industries which make the best use of earth resources in a way that iscompatible with the economic, social and environmental objectives of the State. The Act isadministered by ERR.

Environment Protection Act 1970The Environment Protection Act 1970 (EP Act) is the overarching legislation for protecting the qualityof Victoria’s environment and is the primary legislation under which waste and resource recovery ismanaged in Victoria. It outlines which premises are Scheduled and are therefore subject to licencingand works approval. All extractive industry sites in Victoria are required to comply with the EP Act, inaddition to the requirements set under the MRSD Act.

A central concept to waste management in Victoria is that of resource efficiency. The EP Actestablishes the waste hierarchy for Victoria, which provides a list of preferences for managementoptions:

From EPA website

Appropriate reuse and recycling is the preferred method of managing waste materials rather thandisposal to landfill.

Planning & Environment Act 1987The Planning & Environment Act 1987 establishes a framework for planning the use, developmentand protection of land in Victoria. The Victorian Planning Provisions (VPPs) are subordinate to theAct and provide a standard format for all Victorian planning schemes. In particular, the VPPs set outthe type of activities that require a planning permit. Clause 52.45 of the VPP sets out therequirements for land that is used or is proposed to be used for a materials recycling facility.

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Appendix 2 - Imported Materials Management Plan

The table below outlines what should may be included in an Imported Materials Management Plan.Where relevant, examples are also provided to demonstrate how this might be implemented.

Plan Inclusions Examples

Show all areas to be used for imported materialstorage and processing in relation to sensitivereceptors and other operational areas of the site,such as site office, weighbridge, quarry pit etc.

Include an aerial photo with markups showing features ofthe site relative to material storage and processing.

Provide evidence of the approval that is in placeto allow the acceptance and processing ofimported materials

Include a copy of the work plan section, planning permit,EPA licence or letter confirming that Existing Use Rightsapply

List the type of materials and quantities that willbe accepted and managed on site

Evidence of input materials, processing, products andsales to be kept on site

Outline potential/known uses for the finalproduct and a likely processing schedule toreflect this

Procedure for the collection of documentationfrom the producer or transporter to demonstratethe material origin and waste classification

Checklist to be filled out by producer (see Appendix 3)Require results of samples taken (if relevant)Require proof of origin for material– showing siteoccupier and address

Procedure outlining how each load of incomingmaterial is screened for contamination beforecoming on site

Pre-acceptance checklist completed by quarry (seeAppendix 4)

Procedure in place to ensure contaminants areidentified, separated, treated and/or disposed ofoff-site in accordance with EPA requirements

Specify criteria used to determine when materialneeds to be sampled in accordance with EPA’sSoil Hazard Categorisation and Managementguide (IWRG621) before it is accepted

Requirement that all soil is to be accompanied by anassessment report confirming that it is fill material

Comment [RB36]: Care should beexercised here. There is no requirement toobtain new approvals for bringing materialto site where quarrying approvals are inplace. The quarrying use is the primary use.Please review this in line with priorcomments.

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Specification that is used to determine whatproducts are being produced on site.

Vic Roads Specification 820Other specifications provided by clientsRequirement that Haul Road Construction materials tobe less than 50mm size for pavements and 100mm forbasic road formation and stabilization materials

Stockpile management including drainage anderosion protectionSite security procedures (to preventunauthorised access)Noise, dust and community consultationprocedures, including complaints handlingPest and weed management

Procedures outlining how occurrences of illegaldumping will be managedStaff training requirements

How client details and checklists will bemaintained

Maintain a register for collecting these details that is keptby the quarry manager

Appendix 3 – Example checklist to be filled out by delivery driver

Date of delivery

Truck/Vehicle Registration

Driver Name

Company they are making the delivery for

Type of material

Quantity in current load

Number of additional loads expected

Source site description including addressAttach any sampling results

Appendix 4 – Example checklist to be filled out by site

Type of material Concrete Other (Please specify)Brick Rock …………………………………Soil

Does the site have approval to accept this type Yes No

Comment [RB37]: This is already in aWork Plan. This would be duplication.Please consider that this is within theexisting Work Plan.

Comment [RB38]: This is already in aWork Plan. This would be duplication.Please consider that this is within theexisting Work Plan.

Comment [RB39]: This is already in aWork Plan. This would be duplication.Please consider that this is within theexisting Work Plan.

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of material?Delivery driver checklist filled out adequately? Yes No

Are records available to confirm origin ofmaterial and contamination status (if required)?

Yes No

Visual inspection of the imported materialundertaken?

Yes No

Confirm details provided by the driver Material type………………Quantity……………………Sample results (if required)……………….

Can you observe any inert contamination in load(eg. Plastic, metal, tiles)?

Type of contaminationpresent……………………………………………………………………………………………………………………………………………Estimate of % contamination……………

Ease of removing any inert contaminationpresent …………………………..Any prescribed waste visible (eg. asbestos) orother unacceptable waste (eg. Putrescible waste,household waste)

Yes No

Based on assessment, is load suitable to accepton site?

Yes No