Do you know what to do if you receive a Show Cause notice?  Click here to read an S&B Case Study.
We've spent a lot of time in the past talking about the DEHP, Environmental Harm and Reporting Responsibilities. We've really focused on educational pieces designed to help you know how the process is "supposed" to work. One thing that we've realised is that you may not know what to do when things don't go the way they should. More specifically, what do you do when something has gone wrong and the process hasn't been followed the way that it should be.

You may be afraid to reach out to the DEHP and report something when you've missed the deadline and you may think it would be better to say nothing.  Aside from that being a further violation of the Environmental Protection Act , it just won't work: Nothing stays hidden forever.  The DEHP has a mandate to protect the environment. As part of enforcing that mandate, they keep a close eye on the sites performing environmentally relevant activities (ERAs) and any reports by the public.
 
Why dob yourselves in? Because it is better for you. It is always better to complete your reporting obligations, even if you've missed a deadline. Otherwise, in addition to fines or penalties you may have to deal with for the initial violation, you'll be dealing with a far worse situation, where you are charged with failure to report and/or providing a false/misleading statement.
 
I don't mean to lecture you and I'm sure you are doing your best to live up to your site license requirements, including proper reporting. However, there may be some of you out there who need help because something has gone off the rails and I think it is important that you know you can still get support.

- Elena Moeller (Engineering & Scientific Services Manager)
Some of the Things That Can Get You Into Trouble
 
  • Exceeding your licence limit (causing environmental harm)

  • Not reporting on an exceedance you have become aware of (failure to notify)

  • Exceeding your licence limit and not doing anything about it (negligence and causing environmental harm)

  • Breakdowns in communication leading to accusations from the DEHP related to false and misleading information. For example, if an employee back-fills his/her log sheets from a diary, the employer may have missed the window to report potential or actual environmental harm.

What Was SUPPOSED To Happen Next 


1. Report any potential environmental harm, license limit exceedances or unauthorised releases within 24 hours of becoming aware of the incident. 

 
The initial notification can be done to the pollution hotline: 1300 130 372 or email to pollutionhotline@ehp.qld.gov.au . Pollution incidents can be reported 24 hours a day, 7 days a week.

2. Following the initial incident report, you are expected to complete all necessary investigations and make enquiries and follow up with a report (within 5 business days) containing, as a minimum, the following information:
  • Contact details of the person giving notice

  • Details of the affected land, property or business description

  • A description of the activity that has led to the event, provide a reference number for the environmental authority, i.e. the licence reference number

  • Nature and circumstances of how the event occurred, including timeframes

  • How and when you became aware of the event

  • If you have notified the registered owners or occupiers of affected land, detail when and who you have notified

  • If applicable, detail what rectification of environmental harm (i.e. clean-up) has been done, any preventative measures that you've put in place to avoid reoccurrence of the incident and any other relevant information to demonstrate that you are proactively rehabilitating the environment or putting measures in place to reduce the risk of this happening again.
You can also use the standard form EM468 provided on the DEHP website:


 

Something Has Gone Wrong: What do I do now?
 
First and foremost - if you have the opportunity to report within the required timeframe, please do so!
 
Otherwise, even if you are outside the required window, we recommend reporting as soon as possible.
 
Then, if you would like support dealing with the DEHP, reach out to Simmonds & Bristow and we can help you by talking you through the situation, what is likely to happen next and how we can help. We have extensive experience in providing non-bias technical reports that are based on good engineering and science to support your response to the DEHP.
 
Whilst we are happy to assist you with your response, we much prefer preventing the need for it in the first place. Our experienced environmental professionals and process engineers can help bring your water or wastewater operation into compliance.

Just call.


 


What Will Happen After An Incident Has Occured and Has Been Reported?
 
  • The department will issue the licence holder with a pre-enforcement letter.
  • Usually the department will provide an opportunity to submit further information relating to the alleged breaches of the license within a limited period of time, e.g. 5 days.
  • The minimum enforcement action penalty is a formal warning letter. The maximum penalty is 6250 penalty units or 5 years imprisonment ($761,875).
  • Repeat warnings are likely to prompt the DEHP to issue a show cause notice.

 


Litigation Support: How Does It Work?

David Bristow is the Managing Director of Simmonds & Bristow. Davi d  is also an experienced Expert Witness in the Planning and Environment Court who has extensive experience supporting clients who have found themselves in difficult situations. David leads the Litigation Support practice at S&B.

David, can you tell us a bit about your background?
 
I'm a third generation water engineer, with Bachelor in Engineering from the University of Queensland. I've been kicking around for more than 30 years  now, with experience in water and wastewater engineering throughout Australia, PNG, Indonesia and the South Pacific.

I'm a member of the Institute of Engineers Australia, the Chemical College of IEAust, The Executive Connection and the Australian Water Association. I'm also a Registered Professional Engineer of Queensland, and an Associate Fellow of the Australian Institute of Management.
 
You're also a registered and chartered professional engineer?

I am indeed.

Can you tell us a bit about your areas of expertise?
 
My stock in trade has been  in the design, procurement, construction and operation of water and wastewater collection, treatment, storage and reticulation systems. I've made it my business to become experienced across a wide range of technologies and operating environments. I find that level of diversification is the best way to be of service to my clients.

I have been heavily involved in setting national water industry competency standards and am regularly called in to give expert testimony to the Supreme Court and Planning and Environment Courts across Australia, as well as the Building Services Tribunal in areas of water quality, storm water, groundwater, sewage, water supply and water recycling.

What does it mean to you to offer Litigation Support to our clients?

A large number of the clients I work with in this area are discussing future developments and whether or not they are likely to cause environmental harm. It is my job to take a look at the situation and to offer expert advice and testimony about whether or not I think that is the case. This accounts for about 80% of the litigation support practice.

The remaining 20% of the practice relates to cases where real environmental harm has been caused. This is the area of our business where we offer support to clients who are at their most vulnerable. Clearly, when they reach out to me, things have not gone the way they ought to, either in terms of actual or alleged violations of the EPA. For example, my task may be to provide an opinion and expert testimony, sometimes including analytical services and reports.

Regardless of the type of case, I am assisted in this work by my very capable staff in the Engineering and Scientific Services team, who have their own unique expertise.

Ultimately, I see this service as the opportunity to offer realistic and fair insight, opinion and support in a way that allows our clients to best move forward, regardless of what has happened in the past or where they find themselves at the moment.

What general advice would you give to clients who find themselves thinking "What do I do now?"
 
Do not allow yourselves to be intimidated into silence. Things do happen, they do go wrong and when they do, inaction can seem very appealing. It is far better, in terms of the environment, in terms of dealing with the DEHP, in terms of protecting your reputation and your business, to reach out and get the support you need. You do not have to go it alone!


New! Web Video: Get to Know Fiona Milnes
 
Fiona is an Environmental Scientist with Simmonds & Bristow. She has a technical laboratory background and has worked in the Environmental industry for over 13 years, with a focus on quality. Fiona says "My true passion is striving for continuous improvement and building a better and sustainable business outcome for us and our clients."
Fiona returned to Simmonds & Bristow in late 2016, having worked with us some years back as Laboratory Manager. A NATA signatory, Fiona, brings a wealth of scientific and laboratory experience to her role.

Fiona has recently added oversight of Simmonds & Bristow's field sampling work to her duties as an Environmental Scientist. The goal is to keep building on our strong history with our clients, by bringing in a fresh perspective to further enhance our existing environmental focus.Don't hesitate to reach out to Fiona and find out how she can help you!

And In Other News....

Do you want a better understanding of what the DEHP means when they talk about "Environmental Harm"? Interested to know exactly what fines and penalties are out there - and what your obligations are? Check out this helpful overview here on our website.

Simmonds & Bristow|  engineering@simmondsbristow.com.au | 1800 620 690 | simmondsbristow.com.au