EPA inspection at Fish Creek leads to a fine

Environment Protection Authority Victoria (EPA) has fined a farming company for setting up a dairy effluent pond in the bed of an existing waterway where it could overflow into Fish Creek.

EPA Gippsland Regional Manager Jessica Bandiera says the company has been ordered to fix the problem and clean up any effluent already in the pond.

"EPA officers inspected the property after a pollution report from the public. They found there were three effluent ponds, including one that has been constructed in the bed of an unnamed waterway that runs into Fish Creek," Ms Bandiera said.

"The waterway had been diverted around the new effluent pond, but with the two ponds further uphill already full and the third taking in dairy effluent that was flowing down a farm track, any rain event would have sent the overflow straight into the waterway, and from there into Fish Creek," she said.

Dairy effluent flowing into a creek can harm fish and other aquatic life, and it can make the water harmful to people and animals, due to increased risk from waterborne pathogens.

"Dairy effluent can be valuable fertiliser on the farm, but in a waterway it is a hazard to the environment and people's health; the creek and native wildlife don't need it, and your neighbours and their stock downstream don't need it," Ms Bandiera said.

EPA issued the company with a legally enforceable Pollution Abatement Notice (PAN) requiring controls to be put in place to prevent dairy effluent entering surface waters, and a Clean Up Notice (CUN) requiring the removal of all dairy effluent and contaminated water from the lowest pond.

EPA has fined Takcarm Pty Ltd, of Harding Lawson Rd, Fish Creek, $8,261 for depositing industrial waste in a place that is not licensed to accept it.

Under the Environment Protection Act 1970 and the Infringements Act 2006, the company has the right to have the decision to issue the infringement notice reviewed or alternatively to have the matter heard and determined by a court.

Members of the public can report pollution by calling EPA's 24 hour hotline on 1300 EPA VIC (1300 372 842).

ADDITIONAL INFORMATION

The initial inspections of the property took place on 20 and 28 January 2021, the PAN was issued on

9 February 2021 and the CUN on 19 February 2021.

The offence is under Section 27A(2) of the Environment Protection Act 1970.

West Gippsland Catchment Management Authority (CMA) confirmed that the lowest effluent pond was in a waterway, an unnamed tributary of Fish Creek.

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