We are interested to hear from you. What are your experiences about how EPA delivers compliance and enforcement?

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by EPA Team 31 Aug 2010, 11:04am

 

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Comments (31) Expand All Replies

Mark Comment 1 3 Sep 2010, 12:25 PM

Generally speaking, the system for reporting litter from vehicles works very successfully - albeit I would like to see the results of my reports to ensure that the information provided is sufficient to lead to an infringement notice being issued. This can probably be remedied by my attendance at an open house session.

Things differ slightly when we consider other forms of littering. As someone who works in a different compliance field, I regularly see littering offences committed. Historically, those in my role had EPA authority and would routinely issue infringement notices to litter offenders in the course of our core more…

 

EPA Team Comment 1.1 5 Sep 2010, 3:08 PM

Great comments Mark. Yes, since the litter reporting system was introduced over 200,000 infringement notices have been issued, see the graph at http://www.epa.vic.gov.au/litter/what_epa_does.asp - and yes, reporting littering where a vehicle is not involved is tricky. Appreciate your points about being able to issue infringement notices with EPA authority in your role prior - if you would like to elaborate further I can try follow it up for you. There is also some general advice about how to reduce litter and its impacts at http://www.epa.vic.gov.au/litter/what_you_can_do.asp as EPA cannot be everywhere and relies on all Victorians to be our eyes and ears when it comes to litter. Gary Laidlaw

Mark Comment 1.1.1 6 Sep 2010, 11:59 AM

Hi Gary,

Thanks for the feedback. I submit a substantial number of vehicle related litter reports - mostly cigarette butts (unsure why smoking is still legal?!) - so this aspect of the business, if offenders are appropriately dealt with, seems to be a good initiative. Coming from a compliance background however, it is easy for me to consider the appropriate points of proof for offences and the consequences of my report, ie. a possible court appearance, good note taking, etc. This is the difficulty with engaging the public with such a reporting system I guess as if the report is not more…

 

Cath Comment 1.1.1.1 14 Sep 2010, 9:47 PM

Good points Mark.

Particularly in relation to the nature of the note taking/recording/reporting. In my professional life, I write a lot of case notes as well as court reports and have to be able to substantiate everything I write but the average person just wants to "do the right thing" and I do believe the reporting process can be somewhat daunting when it requires such specific details. Of course the amount of detail required also means that there is a much greater chance of successfully prosecuting/penalising an offender so it's a double edged sword.

I'm a bit of a "substantial reporter" too and like you - mainly cigarette butts (and a few McDonald's wrappers. I'm surprised people can tell the difference between the wrapper and the food but hey...)

I also set up a facebook page out of sheer frustration seeing people throw lit butts in the days after those horrific bushfires. http://www.facebook.com/search/?q=dob+in+a+butt+tosser&init=quick&sid=0.49779482140200015#!/group.php?gid=52196145097&ref=ts

admin Comment 1.2 29 Mar 2011, 4:58 AM

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the_doctor Comment 2 3 Sep 2010, 8:33 PM

I live in Lilydale and from 2006 to 2010 we had a terrible odour emenating from the compost facility at Coldstream. Despite repeated complaints to EPA, numerous written petitions to our local government, the EPA still took ages to close the facility down. For three years we had to endure the smell of sweet vomit in the air. It was disgusting.

I cannot understand why it took the EPA so long to act in this case when any poor sod driving a car with a dodgy exhaust pipe can immediately cop a fine - no questions asked. The EPA, I more…

 

EPA Team Comment 2.1 10 Sep 2010, 7:23 PM

Valid points the_doctor raises here. What do other people think? Gary Laidlaw

joanna Comment 2.1.1 20 Sep 2010, 10:58 PM

I'm not familiar with the situation, but three years seems a long time for it to be shut down. And considering the facility moved into a populated area with inadequate filtering of chemicals (no matter how toxic or not), it seems to me drastic measures should have been taken within at least 12 months. Just my thoughts on the matter - of which I only have the_doctor's information to go by.

Zedi Comment 3 5 Sep 2010, 3:36 PM

I was a registered reporter of many smoky vehicles over several years. After having seen the same offending vehicle several times still emitting clouds of black smoke, I rang the EPA to ask precisely what happened after I reported offending vehicles. I was so dispirited to hear that all the owner got was a letter saying they'd been reported by a member of the public, that I gave up submitting reports.

I know it would take a great deal of time and effort to follow up reports, but just sending a letter is inadequate, in my view. Penalties need to be spelled out, and some form of follow up with the alleged offender needs to be undertaken. If you want to encourage public support, you must also enable a system that gives some feedback to those who report.

EPA Team Comment 3.1 10 Sep 2010, 10:06 PM

Hearing the need for feedback loud and strong. Thanks Zedi. My understanding is that excessively smoky vehicles may be issued an infringement notice straight up. You can find out more about it in this publication http://epanote2.epa.vic.gov.au/EPA/publications.nsf/PubDocsLU/636.1?OpenDocument

Gary Laidlaw.

Sammy C Comment 4 5 Sep 2010, 5:40 PM

Sam

My experience with the EPA has been with the Tulla Toxic Dump near where I and my family live in Westmeadows.

In the past four years at meetings with the EPA and the Toxic Dump operators, the EPA has left us stunned, bewildered and in disbelief.

The Tulla toxic Dump was allowed to operate with minimal outside monitoring for around thirty years.

The EPA have failed in their duties, they have not enforced compliance on the dump and have shown a complete disregard for community concerns.

I therefore believe the EPA has put the community and environment in great danger, the complete opposite to what EPA stands for.

I welcome a complete review of the EPA's operations. Hopefully this will lead to positive changes to compliance and especially enforcement.

EPA Team Comment 4.1 10 Sep 2010, 10:08 PM

Thanks Sammy C for your very valid comments. What do other people think? Gary Laidlaw

Cath Comment 5 6 Sep 2010, 1:55 PM

In regard to some of the previous comments about receiving the results of their report, I'd be concerned that such feedback would lead to vexatious reporting and jeopardise the success of the program.

However on another note, I would like to see other options for reporting that are not attached to the vehicle registration system. There are other situations in which a person depositing litter can be accurately identified (eg: an employee in uniform with an ID tag, or name badge etc) I regularly see an employee of a local business standing outside the door of the business, smoking and tossing her cigarette butts on the ground. She has a uniform and name badge and can be readily identified. Similarly, I have seen public transport ticket inspectors smoking on the platform and tossing their cigarette butts. Again - people who are easily and accurately identified. I'd be willing to bet that the companies these people represent would prefer their staff did not set this kind of example.

EPA Team Comment 5.1 10 Sep 2010, 10:10 PM

Great suggestions Cath. Yes agree that litter reporting just from motor vehicles is rather limiting. Good thinking on other ways to identify offenders. Gary Laidlaw

Neville Collins Comment 6 6 Sep 2010, 7:18 PM

Feedback about the outcome of a litter report would be welcome.

It would be nice to know that it has not been a waste of time making a report.

EPA Team Comment 6.1 10 Sep 2010, 10:12 PM

Yes Neville. I have never received feedback about any litter reprots I have made either. Gary Laidlaw

Cath Comment 6.2 14 Sep 2010, 9:38 PM

I recently overheard a woman in the bank complaining to her friend that she had received a penalty notice for throwing a cigarette butt out of her car window. I've also heard of other people who have received fines in the mail for littering from their cars. I'm satisfied that the complaints are acted upon as I've seen the reactions of those who have received fines.

Nell Comment 7 10 Sep 2010, 3:54 PM

I believe the EPA has not had the power to prevent problems and some of the process' they have to go through to uphold the laws are somewhat outmoded.The EPA should have the right to stop within a designated period (decided by the Law givers in conjuction with enforcment Officers) any unlawful activity - Noise, Air pollution, Emmission Pollutants, etc. In my experience with noise pollution in particular once a complaint has been made a private individual needs to obtain a private Contractor to do a noise reading get it signed by others and pesented to the EPA Office. Only more…

 

isabella Comment 8 16 Sep 2010, 1:42 AM

as far as noise pollution goes, you don't seem to be inforcing anything! I've been woken up yet again by Calcorp cleaning who use vehicles that do not meet your guidelines and nobody cares less. I've spoken to MCC, Calcorp etc and they do nothing.... because you do nothing! I'm proceeding with legal action now. Noise pollution and sleep deprivation have serious health consequences.

EPA Team Comment 8.1 5 Oct 2010, 6:23 PM

No doubt that noise pollution and sleep deprivation have serious health consequences Isabella. What EPA guidelines are Calcorp failing to meet? Gary Laidlaw

Jo Archbold Comment 9 16 Sep 2010, 6:54 PM

I have had abysmal experiences with how the E.P.A. delivers compliance and enforcement.

What compliance? What enforcement?

I have complained many times about noise, from M.G Koroit. I also had to fight to stop them digging up a huge waste water treatment " POND"

without a planning permit.

This was shown on WIN TV over here 9 years or so back. The Company was fined 50 thousand dollars, until the permit was granted, then had their money returned to them by Moyne Shire Council.

What did the E.P.A do? I requested liners to be placed in the " ponds".....(.more like acres of milk more…

 

golfer Comment 10 29 Sep 2010, 7:57 PM

Over the past few years Incetic Pivot at Portland have been operating under a protocol regarding wind direction of emmissions blowing over the main land and heavily populated area's, unfortunately after darkness these protocols are not always observed, phones calls to the plant at the time just go to a messagebank, problem resolved by the time call can be forwarded to EPA next day. Emmissions include fluoride which is causing damage to house windows, glazing and aluminium frames, car windows and paintwork. Unsure of possible human health effects from home grown fruits and vegetables as fugitive fluoride is not measured near the plant. Additional monitoring and results published to community would add confidence to the authority's enforcement profile. Implement a warning charter outlining penalties, including suspension of operation that shall have a significant financial impact on the plant.

EPA Team Comment 10.1 5 Oct 2010, 6:31 PM

Thanks for the comments golfer. Does Incitec Pivot interact with the local Portland community? Sounds like Incitec Pivot could benefit by forming a community liaison committee. http://epanote2.epa.vic.gov.au/EPA/publications.nsf/PubDocsLU/740?OpenDocument Gary Laidlaw

golfer Comment 10.1.1 5 Oct 2010, 9:24 PM

Incetic Pivot do run bi-annual community meetings, unfortunately these are only supported by approx six residents from the nearby neighbourhood. IP always claim that protocols in place are followed, but they are often not initiated until phone calls from a few concerned citizens, after hours calls go to a messagebank. Presentations always claim that environment licence levels are achieved however fluoride monitoring is not close to the site. Thanks for your response.

Tony Comment 11 4 Oct 2010, 1:40 PM

As a landcare project officer/facilitator, I have come across 2 or 3 Dairy Properties with effluent issues. My role is as a capacity builder, not an enforcer so I feel a sense of betrayal if I dob them in, I have never alerted the EPA, even though i would like them to attend to their duty of care.

EPA Team Comment 11.1 5 Oct 2010, 6:41 PM

Hi Tony, thanks for this information. Ideally we encourage people to report pollution and providing contact details helps us with follow up investigations - we all have a job to protect Victoria's environment - EPA cannot do it alone. Your anonymity can be protected for sure - just emphasise your wish to remain anonymous. Here is a link to the reporting pollution info on our website. http://www.epa.vic.gov.au/reporting/

Gary Laidlaw

Sophia Comment 12 8 Oct 2010, 2:52 PM

It is inconsistent and aimed at easy targets rather than the more difficult problems. You only need to look at the list of PINs issued recently to see that there is no rhyme or reason to how the decisions are made. Some should have been warnings and some prosecutions. Interesting to see that Melbourne Water lost over 200,000l of sewage and were only given a PIN whereas others had minor volumes of waste stored incorrectly and received the same fine. Disparity between how you treat private companies and government organisations. Also in the Melbourne Water incident it is unforgivable that there was no EPA presence at the time of the incident to allow for evidence collection.

Sometimes an EPA presence on site is also a form of enforcement. It serves as a reminder to all levels of employees that compliance with the Act, regulations and licences is taken seriously. Pollution Line should be a 24hr service with EPA officers able to respond to complaints at any time of day or night (obviously using a system of prioritisation). Lets face it - if someone is deliberately going to do something dodgy it will be done at night!

Lou Comment 13 15 Oct 2010, 8:58 PM

I have been a resident of the Brooklyn area for a few years. I have made several complaints to the EPA about the awful odours we get from industrial sites and waste places nearby. I am very aware of the EPA's involvement with the council & local community groups, and I appreciate the frequent updates provided to residents. What concerns me however, is that the odours just keep on coming and the area seems to get more and more industrial - and I don't know that anyone actually has a long-term solution to improve the area for the people who live here. I've read that some of the penalties for the offending companies have been quite large but still it doesn't seem to have much effect. I'm concerned about the increasing dust levels, the odours, the noise, and the trucks. Is the only solution to move?

antonvigenser Comment 14 23 Oct 2010, 8:07 PM

Would be great to have an APP for iphone to easily complete litter report forms when out and about. the main thing that stops me from dobbing in people is that i write it down on a bit of paper... and forget to action it once i get home. maybe even an sms service too.

Mother Earth Comment 15 24 Oct 2010, 11:48 AM

My experience with the EPA delivering compliance and enforcement has not been a positive one, you need to get out of the office to check the complaints, a phone call does not do it, and informing local council does not do it either.

And believe what community are telling you .It took 2 years of reporting to get any real action and the offender gets off without having to clean the site a good behaviour bond for 12 mths BUT the offender had another site that it also contaminated awaiting court action so the courts don’t support the seriousness of these crimes.

You need to become a credible government agency .VCAT doesn’t to take you’re recommendation seriously. The courts need to take these crimes against the environment and you need to enlighten them on the issues

Protect the environment from the pollutes and make them pay

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