ENVIRONMENT PROTECTION ACT 1970

SECTION 31A

POLLUTION ABATEMENT NOTICE

Mr. Garry Edwards

RLX INVESTMENT CO PTY LTD
Riparian Plaza
38 71 Eagle ST
BRISBANE QLD 4000

TO: RLX INVESTMENT CO PTY LTD ACN: 129 963 971

ADDRESS: Riparian Plaza, 38 71 Eagle ST, BRISBANE QLD 4000

PREMISES: 139 SUNRAYSIA HWY, MINERS REST VIC 3352

LEGAL REFERENCE: EP Act 1970 s.31A(1) Remedial notice required to address current or likely
pollution, environmental hazard, or non-compliance

Who we are: Environment Protection Authority (EPA) Victoria is an independent statutory authority
established under the Environment Protection Act 1970 (the EP Act). Our purpose is to protect and improve
our environment by preventing harm to the environment and human health.
Why we serve remedial notices: Remedial notices are served to prevent or remedy actual or likely
pollution, environmental hazards and a range of non-compliances with the EP Act.
What you are required to do: Section 31A(2) of the EP Act requires you to comply with the requirements in
this notice with one or more actions to prevent or remedy an actual or likely non-compliance. Under section
60A(1), if someone plans to take control of your premises, you must notify them of this notice and your
progress towards compliance.
When you are required to act: 30 days from the date below.
If you want compliance dates extended: An application to extend a compliance date listed in Section 3 of
this notice must be received at least 10 working days prior to the compliance date. Application forms,
available at www.epa.vic.gov.au/business-and-industry/forms must be addressed to the Manager of the
EPA office listed on this notice with the subject line: “Notice amendment application”. Your served notice
remains legally binding until EPA advises of any change. Refer to the Remedial notices policy (publication
1418) for further information on amendment applications.
What happens if you do not comply: If found guilty of contravening a requirement of this notice, you may
be ordered to pay a fine of up to 2400 penalty units ($386,856) and an additional penalty of up to 1200
penalty units for each day the offence continues ($193,428 a day).
What your review rights are: An application for review of this notice can be made to EPA and/or the
Victorian Civil Administrative Tribunal (VCAT). Applications for an EPA review must be made within 7
calendar days from the notice issue date (below). VCAT applications must be made within 21 days of the
notice issue date. Application forms for an EPA review are available at www.epa.vic.gov.au/business-and-
industry/forms, or from our offices. For more information on your review rights, refer to the Remedial notice
review policy (publication 1531) or contact us on 1300 EPA VIC (1300 372 842).
For the purpose of this notice 'You' means the recipient of this notice or your authorised representative and
'Premises' means the site at the premises address, as identified above.

Tanya McAteer
DELEGATE OF THE ENVIRONMENT PROTECTION AUTHORITY
DATE OF ISSUE: 28/12/2018
 SECTION 31A POLLUTION ABATEMENT NOTICE

NOTICE STRUCTURE

1 EPA OBSERVATIONS

This section details what was observed during the inspection.

2 REASONS FOR VIEW FORMED

This section interprets the observations and articulates why the authorised officer believes a pollution
abatement notice should be issued in accordance with section 31A of the EP Act.

REQUIREMENTS - WHAT OUTCOMES ARE REQUIRED TO

3
COMPLY?

Considering the view that has been formed, this section lists the requirements or actions to address the
environmental risk(s) or impact(s).

4 AN EXAMPLE OF HOW YOU CAN COMPLY

This section provides an example of how you may achieve compliance with the requirements of this notice.

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 SECTION 31A POLLUTION ABATEMENT NOTICE

1 EPA OBSERVATIONS

1.1 In response to a series of community pollution reports of offensive odour, EPA officers attended the
Central Victorian Regional Livestock Exchange (CVLX) premises at 139 Sunraysia Highway MINERS REST
on Tuesday 11 December at 13:40 hours. The duty holder representatives were present throughout the
inspection. The officers:

1.2 Detected a strong wastewater odour while entering the premises in the EPA vehicle and being directly
downwind of first flush lagoon.

1.3 Observed the premises was much better cleaned than on previous visit, as had been eluded to in the
earlier community meeting.

1.4 Observed the pit directly below the administration buildings servicing the east side of the yards, was
much cleaner than on previous visit.

1.5 Observed a drainage pit located in the corner of roadway area in which the trucks manoeuvre and park
on the unloading ramped gates, located on east side of premises stock-yards. This drainage pit appeared to
be separated from the manure and waste contaminated run-off, however were informed by duty holder
representative that they all drained to first flush lagoon.

1.6 Were informed by duty holder representative that all the pits drain pipes (including the one which
drained the truck unloading road and yard area) from this area discharged into the first flush lagoon.

1.7 Were latter informed in a letter dated 21 December 2018 from the duty holder representative that in fact
this "pit is connected to a pipe that drains to the west below the yards and discharges to the surface water
system west of the facility."

1.8 Observed some accumulated solids in the drain pipe behind the solids sump.

1.9 Were informed by duty holder representative that this area had overflowed and was backed up when
the first flush lagoon was full due to the blocked and then broken pump.

1.10 Observed accumulated sheep droppings In the uncovered sheep yards near to and directly up
gradient of the north east solids pit (below the administration buildings).

1.11 Were informed the sheep remain in these pens once unloaded from the trucks before being moved to
the undercover selling pens, spending approximately equal time in both pen types.

1.12 Observed the solids stockpile pad contained a reasonable amount of solids, the pile estimated to be
about 2 meters high and up to 20 meters long and about 4 meters wide.

1.13 Observed a strong but not excessively offensive odour directly down wind of the stockpile. This was
thought not to be as strong as the odour detected during the Monday 19 October 2018 inspection emanating
from the stockpiles.

1.14 Were informed by duty holder representative that the truck wash solids pits operate in two series of
three pits. The wastewater and solids were flowing into the southern series of three pits, this flow had
recently been switched from northern series of three pits. The northern series of pits were now being left to
drain and dry, then as the southern series becomes close to full they will be emptied and the solids, added to
the stockpile on the solids pad area for further drying.

1.15 Observed a crust forming on the surface of the series of three northern pits. The three pits series

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 SECTION 31A POLLUTION ABATEMENT NOTICE

operate by each pit filling with solids and then overflowing into the next pit in that series and then once two of
the three pits are full and the solids are flowing into the third and last pit, the dried solids in the other three
pits are emptied to the solids stockpile for further drying and the wastewater from the truck wash is switched
to the freshly emptied pits.

1.16 Observed that the aerators on the wastewater lagoons were not operating at time of inspection.

1.17 Were informed by duty holder representative that they were running aerators on reduced cycle to allow
more of the soluble organic material to be available to the growing biomass in the sequencing batch reactor
(SBR).

1.18 Observed the SBR tank appeared to be clean, no sign of the overflow recorded in the digital images
provided by a third party person earlier in the afternoon.

1.19 Observed the solids pit directly above the first flush lagoon on the north west corner of the facility was
essentially clear of waste solids, distinctly different to what had been seen during the Monday 19 November
2018 inspection.

1.20 Observed that the first flush lagoon was also at a much lower level than when inspected on the
Monday 19 November visit with approximately 2 to 3 meters freeboard.

1.21 Were informed differing information from the two duty holder representatives present - one informed
that this was the normal operating level for the first flush lagoon, while the other stated they were considering
lowering the level further.

1.22 Were latter informed in a letter dated 21 December 2018 from the duty holder representative that "the
first flush pond was at the current operational level, but it was planned by site management to lower the level
further."

1.23 Were informed by duty holder representative that the suction of the main pump was located in a sump
isolated from any accumulated solids in the first flush lagoon.

1.24 Were informed by duty holder representative that the intention was to remove as much of the solids by
capturing in the sumps prior to entering the first flush lagoon, thereby to reduce the frequency of desludging
the first flush lagoon.

OBSERVATIONS OTHER THAN THOSE FROM 11 DECEMBER 2018 INSPECTION

1.25 Read in the approved Environment Improvement Plan (EIP) (Document No. 208120_EIP_7.0.Docx,
Version: 7.0, Issued: 10 October 2018 on page 32 that:
- The external sheep yards shall be dry cleaned on a weekly or as need basis following sales.
- Material removed from the sheep yards shall be placed in the solids stockpile area.
- Sheep yards solids shall be stockpiled with the solids removed from the solids separation basin.

1.26 Were latter informed in a letter dated 21 December 2018 from the duty holder representative that Action
8 from page 32 of the EIP which states: The Site Manager shall inspect the external sheep yards following
dry cleaning and determine if a wash down is required.

1.27 Read in the “Saleyard Complaints Register” provided by duty holder representative in email (arrived at
2145 Hours Wednesday 19 December 2018), that 2 of the 11 reports on the register relate to odour in the
residential areas, one relates to odour at the front gate and road damage, while the other 8 reports relate to
stock trucks in the MINERS REST township.

1.28 Concluded that, since the facility commenced operation up until Wednesday 19 December 2018, EPA

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 SECTION 31A POLLUTION ABATEMENT NOTICE

has received about 100 odour pollution reports from the MINERS REST community alleging the CVLX as the
source and that this situation needed to be rectified via the issue of a remedial notice.

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 SECTION 31A POLLUTION ABATEMENT NOTICE

2 REASONS FOR VIEW FORMED

EPA has received about 100 community pollution reports alleging odour impacts in the residential areas,
surrounding your premises. Current pen cleaning practice using large volumes of water are at odds with the
Environment Improvement Plan (EIP) approved through the Works Approval process, which describes dry
cleaning of the pens and use of minimal water to achieve the acceptable sanitation. Animal pens when wet
are known to generate odours, thus hosing of yards creates high strength wastewater and using the first
flush lagoon to capture and direct these wastewaters to the on premises wastewater treatment plant could
contribute to generation of excessive odour emissions. This use of the infrastructure is not described in the
EIP and as such is not approved. These non-approved practices are believed to be strongly contributing to
offensive odours being emitted to the residential areas surrounding the premises.

On this basis, and considering the observations previously stated, I have formed a view and I am satisfied
that:
• a process or activity which is being carried on at the premises

is likely to cause or has caused pollution, as per section 31A(1)(a) of the EP Act.

In order to address this, you must meet the requirements listed in this notice.

Tanya McAteer
AUTHORISED OFFICER
EPA South West
EPA Victoria
DATE OF ISSUE: 28/12/2018

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 SECTION 31A POLLUTION ABATEMENT NOTICE

REQUIREMENTS - WHAT OUTCOMES ARE REQUIRED TO

3
COMPLY?

General Requirements

3.1 By 15 February 2019, you must modify your cleaning activities to prevent offensive odours being emitted
into the residential areas surrounding the premises.

Reporting Requirements

3.2 By 1 March 2019 you must, in writing to the authorised officer listed on page 6 of this notice, provide a
report that:

a) specifies how the process, activity or use has been carried on or will be carried on, modified or controlled
to achieve compliance with the notice requirements, and

b) is signed by your managing director, most senior executive, or a person authorised to speak on behalf of
the notice recipient.

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 SECTION 31A POLLUTION ABATEMENT NOTICE

4 AN EXAMPLE OF HOW YOU CAN COMPLY

One way of achieving compliance with this notice would be to:

4.1 Follow all the procedures, monitoring and auditing detailed in the comprehensive EIP approved through
the EPA Works Approval process and specifically perform dry cleaning of the sheep pens, such that you do
not add any more water than is absolutely necessary to achieve the appropriate level of sanitation, during
the cleaning activity of the sheep pens at the premises.

4.2 Write to EPA by the date contained in Requirement 3.2 detailing how the activities at the premises have
been modified to prevent the emission of offensive odours into the residential areas surrounding the
premises, including all supporting documentation such as dockets and receipts, digital images and any other
relevant documentation.

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