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Sachs Gerace Broome Lawyers - 2019 (acting as expert witness)

James was instructed by Sachs Gerace Broome Lawyers and barrister James Emmett (Banco Chambers) acting for the plaintiff in the preparation of an affidavit to substantiate evidence of contamination to the NSW Supreme Court. ​

 

Judgement was in favour of Sachs Gerace Broome Lawyers and the barrister James Emmett. 

Windsor, New South Wales

James was responsible for undertaking detailed PFAS and assessment, remediation management, validation and preparation of long-term site management report / environmental management plan (EMP).

 

Risk assessor Dr Jackie Wright and hydrogeologist Mr Chris Jewell were engaged to support and advise me on risk assessment and hydrogeology / groundwater matter, respectively. In addition, remediation contractor Mr Michael Novak of CETCO was involving in management of PFAS contaminated soil.  

 

On-site PFAS contaminated soil has been managed by installation of capping system which includes:

  • Covering the landscaping areas with CETCO water capping system. The cross section is detailed below (top-down).

  • Topsoil

  • Voltex DN

  • Liquid Boot (2mm) on T-40 / VI-20

  • Voltex DN

  • PFAS contaminated soil

 

  • Covering the car park, walkway and ramp with reinforced concrete slabs.

The concrete slabs and the CETCO water capping system will

  • prevent surface-water infiltration to the soil contaminated with PFAS, as a result, preventing leaching of PFAS from soil into on-site groundwater;

  • reduce potential impact on off-site groundwater and off-site aquatic environment.

 

The fire station prior to transfer to current owner, was operated by Fire and Rescue NSW (previously known as NSW Fire Brigades). The Fire and Rescue NSW should therefore be responsible for the PFAS contamination in accordance with Part 1 Section 6 Clause (1) of the Contaminated Land Management (CLM) Act.

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Pursuant to Section 60 of the CLM Act and based on “Guidelines on the Duty to Report Contamination”, Contaminated Land Notification Form was submitted to NSW EPA. In response, the EPA contacted Fire and Rescue NSW regarding PFAS impacted groundwater associated with the Former Windsor Fire Station.

A long-term site management report / EMP has been prepared to ensure long-term integrity of CETCO water capping system and concrete slabs.

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Site Auditor Mr Adrian Hall was appointed to audit the reports and issue Site Audit Statement to confirm that the site is suitable for residential use (affordable accommodation for elderly people).

Silverwater, New South Wales

Former sheep skin storage and treatment facility developed for industrial/commercial purposes.  Arsenic and Organochlorine (OC) pesticides were found to have been used on site in treatment processes.

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XRF Analyser was used to guide excavation of soil contaminated with arsenic.

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Remediation included landfill disposal of Restricted Solid waste; stabilisation and landfill disposal of Hazardous waste, with EPA immobilisation approved.  Soil classified as ‘Scheduled Chemical Waste’ were stored temporarily at the storage depot of United Transport Services, awaiting an appropriate and economical destruction technology.

Drummoyne, New South Wales

 

 

 

 

 

 

 

 

 

 

 

 

 

Part of the site was used as boat repair and maintenance workshop. Organotin was identified in sediment in close proximity to Parramatta River.

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James was responsible for undertaking preliminary assessment, detailed assessment, preparation of “sampling, analysis and quality plan”, remedial action plan, site remediation & validation report and long-term site management & monitoring report / EMP.

 

Mr Rod Harwood was the Site Auditor who signed-off on the Site Audit Statement.

 

The site is currently occupied by a high-rise apartment building with water view.

Prairiewood, New South Wales

This is the former motor vehicle wrecking yard

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The site was a motor vehicle wrecking yard for nearly 60 years.

James was responsible for soil and groundwater assessments; contaminated soil (waste) classification, remediation management and validation.

 

Risk assessor Mr John Frangos of Toxikos Pty Ltd was engaged to support James on site-specific risk assessment and to advise site-specific clean up values for lead (Pb) contaminated soil (clay and sand) using IEUBK modelling. Ecological risk assessment was also carried out.

 

For determining the bioaccessibility of Pb from clay and sand at the site the method of the Solubility Bioaccessibility Research Consortium (SBRC) was used. This is a physiologically based extraction test, a two-stage digestion system simulating the leaching of a solid matrix in the human stomach and small intestine. The gastric phase of this method for lead and the lead relative bioaccessibility results (relative to a soluble form of Pb, i.e. Pb acetate) from the intestinal phase have correlated well with in vivo lead relative bioavailability when determined using juvenile swine (US EPA 2007; Juhasz et al. 2009).

 

Clay and sand samples recovered from the site were forwarded to Drs. Albert Juhasz and Euan Smith of the Centre for Environmental Risk Assessment and Remediation at the University of South Australia for the physiologically based extraction test.

 

A Site Auditor was appointed to review the reports and sign-off on the project. Site Audit Statement was signed-off by the Site Auditor Mr Adrian Hall.

Leichhardt, New South Wales

Former timber processing factory developed for townhouses. Responsible for investigation planning, data assessment, reports & RAP preparation, management and co-ordination of remediation and validation.  Remediation involved landfill disposal of soil containing Polycyclic Aromatic Hydrocarbons (PAH).

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Site Audit Statement was signed-off by the Site Auditor Mr C Jewell

Killara, New South Wales

Former service station, with underground fuel storage tanks, proposed for commercial redevelopment.  Involved in site assessment, preparation of reports and Remedial Action Plan, co-ordination of remediation and validation.  Remediation by landfill disposal and on- site remediation / bio-remediation was carried out mainly due to the presence of Lead, volatile & semi-volatile organic compounds.

Lakemba, New South Wales

The site, previously used as a workshop, with underground fuel storage tanks and showroom for a car dealership, was proposed for residential/commercial redevelopment.  Responsible for site assessment, preparation of reports and a Remedial Action Plan, co-ordination of remediation and validation.  Remediation by on-site remediation / bio-remediation and validation was required mainly due to the presence of light-fraction Total Petroleum Hydrocarbons (TPH), as well as volatile Benzene, Toluene, Ethyl Benzene and Xylenes.

Marsdens Law Group - 2017 (acting as expert witness)

James was instructed by Marsdens Law Group acting for the plaintiff to prepare a report to substantiate evidence of contamination to the Court and to assist the Court in quantifying the financial loss of the plaintiff due to illegal dumping of waste on the land (Austral) of the plaintiff.

 

Marsdens and the plaintiff succeeded in winning this matter.
 

Moss Vale, New South Wales

Part of the site was used as a fuel storage facility.

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James was responsible for undertaking preliminary assessment, detailed assessment, preparation of remedial action plan and site remediation & validation report. 

 

The hydrogeologist Mr Chris Jewell was advising James on hydrogeology / groundwater matter.

 

A Site Auditor (Mr Adrian Hall) was appointed to review the reports and issue Site Audit Statement.

Rushcutters Bay, New South Wales

 

 

 

 

 

 

 

 

 

 

 

 

 

The site is about 1.1 hectares (11,000 square metres). It was used to house a tyre and rubber factory, vehicle service workshops, smash repair workshops, car dealerships, car park and printing shop.

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James was response for soil and groundwater assessments; contaminated soil (waste) classification, remediation management, validation and preparation of a long-term site management & monitoring report / EMP. The overall remediation cost was about 5 million dollars ($5,000,000) which included removal and treatment of hazardous waste, disposal of Restricted Solid waste, General Solid waste; and the treatment of potential acid sulphate soil.

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Site Audit Statement was signed-off by Site Auditor Mr Ross McFarland.

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The site is currently occupied by 3 high rise apartment buildings and 1 heritage listed building with restaurants and shops.

St Marys, New South Wales

About 350 hectares of this former Australian Defence Industry (ADI) site was assessed. Houses, with some apartment buildings, terraces, shops, community hubs/centres, public reserves / parks, ovals, school, churches, lakes, etc are now located throughout the site.

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James undertook assessment, working with Unexploded Ordnance (UXO) / ammunition contractor (G-tek Australia) and waste classification.

 

Mr Brad Eismen was the Site Auditor who signed-off on the Site Audit Statement.

Woollahra, New South Wales

Laundromat

 

Site inspection revealed the presence of an old dry-cleaning machine at this site which was a laundromat.

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The risk assessor Dr Jackie Wright Environmental Risk Sciences Pty Ltd was engaged to advise James on soil vapour risk due to the use of dry-cleaning solvent (tetrachloroethene, known as perc or PCE).

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The assessment involved collection of vapour from beneath the building slab and analysis of the potential for vapour inhalation risk.

Campsie, New South Wales

Former joinery site, with underground fuel storage tanks, proposed for commercial/industrial redevelopment.  Responsible for site assessment, preparation of reports and a Remedial Action Plan, co-ordination of remediation and validation.  Remediation by on-site land farming / bio-remediation was carried out mainly due to the presence of light-fraction Total Petroleum Hydrocarbons (TPH), as well as volatile Benzene, Toluene, Ethyl Benzene and Xylenes.

Numerous Market Gardens, Orchards & Poultry Farms, New South Wales

Numerous previous market gardens with dams (surface water), orchards and poultry farms, located in Austral, Glenwood, Kellyville, Kellyville Ridge, Quakers Hill, Rouse Hill, Stanhope Garden, Casula and Prestons, in which I have made a significant contribution to the assessments, remediations which subsequently led to approval by local councils for use as residential lands, parks, public reserves, playing fields, recreational open space or schools, after assessment, successful remediation and validation.

Turrella, New South Wales

 

 

 

 

 

 

 

 

 

 

The site was used for processing, storing, packaging and distribution of dry-cleaning solvent.

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As part of the response to the notice of variation of licence no. 11304 by the EPA, hazardous ground gases / soil vapour assessment was undertaken.

 

The objectives were to determine the locations and spread of Volatile Organic Compounds (VOC) contamination across the site and to assess the potential for offsite migration.

 

Volatile Tetrachloroethene/Perchloroethene (PCE), Trichloroethene (TCE), 1,1-Dichloroethene (DCE), cis-1,2-DCE, Vinyl Chloride (Chloroethene), Dichloromethane (Methylene Chloride) and/or Bromochloromethane were identified within the soil and groundwater.

 

Vapour intrusion was conceptualised as shown in the figure above. The VOC in soil and groundwater have the potential to partition into the air in the soil pore. The VOC volatise from the impacted soil and groundwater beneath the site, will diffuse and advect toward the surface of the site, and can move into building and ambient air.

© 2023 by Environmental Engineering & Technology Consultants

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