EPA issues prevention notice over Tarago lead contamination management

This week the Environment Protection Authority found the cell was "not being managed to the expected level," and issued a prevention notice requiring a host of remedial actions.

The notice was issued on Thursday, following EPA officers' inspection on Monday, in company with Transport for NSW and UGL Regional Linx, which had been contracted to maintain the rail corridor, including the lead contamination.

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Tarago and District Progress Association president, Adrian Ellson, says TfNSW owes the community an apology over its earlier assurances and a 'breakdown' in the monitoring regime.

"The prevention notice is no surprise given the cell's condition," he said.

"They do owe us an apology and I think the (lead contaminated) former station master's cottage should be cleaned up and returned as a community asset."

Goulburn MP Wendy Tuckerman has also rebuked TfNSW, saying it was "time to do the job properly."

Mr Ellson has laid the blame on TfNSW "contracting out its responsibilities" to UGLRL and a breakdown in communication over the monitoring and maintenance.

That company had taken over rail maintenance from John Holland Rail in January, 2022. He said TfNSW' "fundamental mistake" was not to have a concurrent plan for the lead's removal when former contractor, John Holland Rail constructed a new rail siding from 2019.

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He believes the risk to residents is "low," based on EPA officers' comments that a polymer seal is "mostly intact." The Post has asked the Authority to quantify the level of risk to the community.

However Mr Ellson says TfNSW still has many questions to answer over its monitoring regime. The community had been challenging the authority and the Department of Education over its adequacy for some time, including at an August 25 TfNSW community meeting, which EPA representatives attended.

The cell covers contaminated lead retrieved from the rail siding in Tarago. The EPA declared the siding a "significantly contaminated site" in March, 2020, following discovery of lead ore. It was later revealed TfNSW had known about its presence in 2015.

Five nearby properties, including the former station master's cottage, were also found to have lead levels 'higher than acceptable standards.' TfNSW moved a family out of the station master's cottage after a young child tested to high lead levels.

The lead is historic in nature, emanating from rail loading of ore from the former Woodlawn mine.

TfNSW has since committed to an interim action plan, signed off by the EPA, requiring pollution controls, remediation and monitoring. The remediation has been delayed until 2024, infuriating the community.

Mr Ellson alerted the EPA to the cell's condition on August 26, the day after TfNSW' community information session. At the time, he told The Post he observed that "something wasn't right" and that sections appeared to have broken up or eroded.

The EPA has confirmed his suspicions.

Officers inspected two lots, the rail siding and the cell. The prevention notice stated that the cell's overlay sand cement capping was "compromised in sections" and that parts of a geotextile layer underneath was "in varying condition."

"The current condition of the interim containment cell is not in accordance with good environmental practice," the notice stated.

"It requires maintenance and repairs to the overlay layer to protect the integrity of the geotextile membrane."

Further, a soil binding product applied to the historic rail siding in 2019 was "not evident" and there were "sections of exposed soil." Officers observed that vehicles had been driving over the area, "potentially impacting the polymer's integrity."

Other findings were:

The EPA believed there had been a "failure to maintain pollution controls" around the cell and in the rail siding.

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It has directed TfNSW to undertake a detailed inspection of the cell's integrity by September 12 and undertake any works to reinstate its encapsulation layer to prevent surface or air pollution by September 30.

The EPA has also directed:

A TforNSW spokesperson said the statement to residents at the August 25 meeting about the cell's condition was based on UGLRL's advice.

Now the department would work to implement the actions in the required timeframes.

"Transport has engaged an independent specialist to undertake a review and assessment of the polymer and containment cell. The assessment is to determine an action plan for the preventative works," she said.

"Transport will also ensure that an independent specialist oversees the works and will continue to monitor its contractors' inspection and maintenance program."

The Authority would also re-start its air and water quality monitoring, with stations to be installed next week. This monitoring ceased in mid 2021, with EPA approval. The new reports will be posted on the dedicated website at transport.nsw.gov.au/tarago

"Transport takes its role in protecting the safety of the community very seriously and will continue to work closely with the EPA and the independent site auditor in relation to the ongoing management of the site," the spokesperson said.

"(We are) committed to updating the community as we progress this work and provide more information as it becomes available."

Mr Ellson says he wants far more openness about the monitoring and reporting and is calling for another community meeting.

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Meantime, Goulburn MP Wendy Tuckerman said she was disappointed in the way the matter had unfolded. She said the inspection followed the meeting at Tarago, which she attended.

"I understand this inspection identified issues with the site and the controls in place, even though we have previously been assured that there is nothing to see here," she said in a statement.

"I have asked Minister Sam Farraway to keep me abreast as this situation progresses.

"This issue has gone on for far too long and I have communicated fairly clearly to my department that sorry only goes so far, it's time to do the job properly and give the community peace of mind."

Mayor Peter Walker said TfNSW hadn't acted on earlier community concerns and it had taken the EPA's intervention to expose the issue.

"They have put demands in place that are far more rigorous than what TfNSW advocated," he said.

"The community is potentially at risk. This needs to be given a far higher priority than previously. The horse hasn't bolted yet."

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