Land and Environment Court of New South Wales CITATION : Fabcot Pty Limited v Byron Shire Council [2010] NSWLEC 1013 This decision has been amended. Please see the end of the judgment for a list of the amendments. APPLICANT Fabcot Pty Limited PARTIES : RESPONDENT Byron Shire Council FILE NUMBER(S) : 20491 of 2009 CORAM: Hussey C KEY ISSUES: LOCAL GOVERNMENT APPROVAL :- Section 68, On site sewage management system (OSMS); site suitability; groundwater; on-site irrigation pump-out risk; future sewer connection. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1993 Byron Local Environmental Plan DATES OF HEARING: 28-29 September 2009, 16, 18 and 20 November 2009, 18 and 23 December 2009 DATE OF JUDGMENT: 27 January 2010 APPLICANT Mr C McEwen (SC) Mr M Staunton (Barrister) SOLICITOR LEGAL REPRESENTATIVES: Corrs Chambers Westgarth RESPONDENT Mr T Robertson (SC) SOLICITOR HWL Ebsworth Lawyers JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Hussey C 27 January 2010 20491 of 2009 Fabcot Pty Limited v Byron Shire Council JUDGMENT Background. 1 This appeal is against Byron Shire Council's refusal of an application made pursuant to Section 68 of the Local Government Act 1993 for the installation and operation of an on site sewer management system ("OSMS") to service an approved but not yet constructed supermarket and liquor store ("Development") at Lot 1 DP112508, Station Street, Mullumbimby ("Land"). 2 The s 68 application follows the development consent previously granted by the Minister for Planning and contains complete details of the OSMS to enable its construction and operation on the basis of the plans and supporting information tendered to the Court. In this case, the respective engineers and environmental consultants discussed a number of detailed technical modifications to the original design, resulting in their general agreement to the adequacy of the final details submitted. 3 The conferencing by the respective experts has involved: Mr T Bristow; Council's consulting engineer, Ms C Hird; Council's environmental consultant, Mr N Sutherland; Council's consulting environmental scientist Dr D Martens; Applicant's consulting environmental engineer, 4 The evidence discussed by these experts is of a detailed technical nature. Considering the revisions made during the appeal process, the applicant has provided written submissions, which contain the updated OSMS plant details and Management Plan. In the absence of any challenge to these technical details, I rely on these updated facts, which are reproduced in the following text. The Development Consent 5 The Development was approved by the Minister for Planning on 6 November 2006 ("Original Consent"). The Original Consent provided for the Development to be undertaken in 2 stages as follows: (a) Stage 1 Subdivision (2 lot boundary realignment) Construction of a supermarket with a GFA of 1550 sq m Construction of a bottle shop with a GFA of 250 sq m 90 car parking spaces An on site waste water management system Landscaping (b) Stage 2 Expansion of the existing supermarket by an additional 700 sq m of GFA to a total development with a GFA of 2,500 sq m An additional 48 car parking spaces Connection to reticulated sewer Additional landscaping 6 A modification of the Consent was approved by the Minister for Planning on 22 January 2009 ("Modified Consent"). It provided for the Development to be undertaken in 2 stages as follows: (a) Stage 1 Construction of a supermarket with a GFA of 2,500 sq m including a bottle shop with a GFA of 170 sq m The supermarket would not include on-site meat preparation or baking, fresh seafood or chicken cooking 125 car parking spaces An on site waste water management system Landscaping and fencing (c) Stage 2 Reticulated wastewater management 13 additional car parking spaces Installation of a meat preparation area and chicken cooking appliances Additional landscaping 7 The Modified Consent also approved an upgraded on-site sewer management system to that approved by the Original Consent. However, during the assessment process of the upgraded on-site sewer management system, objectors and the Council raised significant concerns. 8 In response to the concerns raised by objectors and Council, the Minister engaged the services of an independent wastewater specialist, Whitehead and Associates, to review the proposed upgraded system and various amendments that were made by the applicant during the assessment process. Whitehead and Associates recommended approval of the system which at that time was based on the following: (a) irrigation area of 1157 sq m; (b) daily wastewater generation rate of 2480 litres. (c) 25 sq m sand filter (d) wet weather storage of 35000L (e) assumed pump out of 6 times a year (f) buffers of 0.5m to 1 m (g) design irrigation rate of 15mm per week (h) no toilet re use -- Section 68 Application 9 Condition B20 of the Modified Consent requires the Applicant to obtain a Section 68 approval for the OSMS prior to the issue of a construction certificate for the Development. The Applicant lodged the s68 application the subject of these proceedings with Council on 19 March 2009. Following this a number of requests were made by council seeking additional information. 10 Subsequently on 2 July 2009 Council resolved to refuse the s68 application and this triggered the current appeal. The amended proposal 11 As a result of recommendations from the applicant's expert Dr Martens and the respondents' experts Ms Hird and Mr Bristow, engaged by Council to advise on this matter, the proposed OSMS has been amended to the following specifications: (a) The system has been designed for a peak flow rate of 2,651 litres per day + 5% for spikes per day. (The respondent's expert Mr Bristow estimated a peak flow rate of 1,985 litres per day). (b) The peak flow comprises: 30 staff @ 50 litres per day 50 shoppers @ 6.5L per shopper/day Delicatessen @500ET/ha and 180L/ET/d Fruit & Veg @500 ET/ha and 180L/ET/d 10 buckets for cleaning (c) The OSMS will reuse 47% of the daily flow (1,263 litres per day) through toilet flushing; (d) The balance of the daily flow of 1,388 Iitres per day will be directed to the irrigation field. (e) The total storage volume of wastewater has been increased from 80KL to 118KL. (85 days wet weather storage capacity). (f) The 118KL of storage consists of 20KL toilet flushing of which 15KL is available (baffle) and 103KL is contained in 3 irrigation tanks (g) The irrigation fields has been increased from 1157 sq m to 1200 sq m. It slopes 1.5 degrees from the property boundary to avoid surface run off to adjoining properties. (h) The mean irrigation rate is 1.16mm/day (over a year taking into account rainfall). (I) The depth of imported soil layer is 200 mm of sandy loam and there are 1m buffers to all property boundaries. Components 12 There are 2 source flows into the OSMS: (a) sewerage waste streams (b) waste streams with grease or trade waste. 13 All trade wastes go to the 4000L grease trap prior to passing to the sewer treatment plant. All other wastes pass directly to STP. (Grease trap pump-out approved by Council June 2009). (1) Sewerage pump out chamber (2) Pump discharge tank (3) Two primary treatment tanks (4) Flow balancing tank (5) Recirculating sand filter bed (6) Clarifier (7) Effluent transfer pump station (8) Backwashing sand filtration unit (9) Two chlorine dosing systems (10) Ultra filtration unit (11) UV disinfection unit (12) Chlorine contact chamber 14 The toilet flushing system consists of: (1) 20,000 toilet flushing storage tank (2) backup potable water automatic supply system (3) reclaimed water storage header tank. 15 The irrigation system consists of: (1) 3 dedicated irrigation storage tanks (2) irrigation pump set (3) irrigation scheduling control system (STP Panel) (4) irrigation subfields (a) to (d) (area 1250 sq m) (5) irrigation control by soil moisture probe and backup rain sensor set to cease irrigation at 70% soil moisture content. Rain sensor set to cease irrigation at 15 mm/d rainfall. (6) Reclaimed water irrigation system (sub surface irrigation system). (7) Buffers 1 m to all boundaries (8) Pool fencing around irrigation areas The evidence 16 Notwithstanding these amendments, there were some outstanding concerns particularly from the residents relating to the suitability of the site for the OSMS, the reliance on pump outs, effluent quality, ground water impacts and possible hazards. Oral evidence was given by a number of the objectors and these have been considered in conjunction with the expert evidence. Pump out 17 The current controls do not support pump out systems. However, the pre-development assessment recognised that in some circumstances, pump out may be required. The consent recognised that possibly 4 such events may occur each year. 18 The detailed controls are contained in Byron Shire Council Policy 5.59, wherein the stated objectives are" " 1.1 To encourage the principles of demand management and the reuse of water by the adoption of on-site sewage management systems (OSMS) guidelines. 1.2 To define the parameters for the design and installation of on-site sewage management systems within sewered urban areas. 1.3 To maintain public health. 1.4 To protect the environment through ESD principles. 19 These objectives have been assessed by the experts resulting in their agreement that: The proposal will manage demand and reuse water through toilet flushing and irrigation and is consistent with all relevant guidelines. The proposal either meets all relevant guidelines or alternatively where a parameter is not met a departure is justified in the circumstances of the case. The system can meet the relevant standards for public health and that subject to compliance with a comissioning regime and plan of management the proposal will maintain public health to the requisite standard so that Objective 1.3 is met. The proposal will protect the environment through ESD principles. 20 There was some concern expressed by the residents that the proposal will be contrary to clause 2.4(ii) of the Policy which provides as follows: "2.4 On any allotment or development Council will accept a combination of an on-site system and a connection to the Council sewer, only on the grounds that the system is in accordance with the requirements of this policy, and the following requirements: - i) Within an allotment or a development, sewage that passes through the OSMS must be separately plumbed and absolutely isolated from that passing to the sewer. The two systems are to be completely independent. ii) Council does not allow the use of holding tanks or pump-out tanks as a sewage management system within the sewered urban areas of the Shire except for temporary events (eg Festivals) and dwelling houses in New Brighton pending provision of a reticulated sewerage system. An on-site sewage management system must deal with all its liquid within the allotment or development. No liquid will be allowed to be either pumped out and removed from the site or to be discharged to the Council sewer. The periodical removal of treated sludge will be allowed as part of this policy." 21 However sub-paragraphs i) and ii) of clause 2.4 are qualified by the opening words of clause 2.4, which provide that clause 2.4 applies where there is a combination of an on-site system and a connection to the Council sewer. In this case there is no sewer connection. Therefore I do not consider the objections raised in this regard would result in the refusal of the application. 22 In any event the Minister assessed the proposal when the Consent was granted and when the Modified Consent was approved. On both occasions the proposal included a limited pump out option. In the assessment of the latest modification the Minister assumed a pump out of up to 6 times a year and found that to be acceptable. 23 The experts have agreed that the worst case pump out is 13 times a year (This assumes no irrigation at all throughout the year which scenario is most unlikely). The experts agree that the likely average range of pump-outs is 1-4 events in 50% of years. In the other 50% of years there will be no pump out. Treated water suitable for re-use and safe for human contact - no untreated sewerage would be pumped out. 24 Dr Martens (using modelling) estimated average pump out of the unamended system as once every 3 years. Since then the storage capacity has been increased from 60KL to 118KL. Dr Martens estimated the average pump out of the now proposed system as being once in every 6 years. 25 Notwithstanding this, it is apparent that any on-site management system is likely to require pump out from time to time for maintenance or emergency purposes so pump out is not prevented by the policy. The experts agree with this position. It then appears from the evidence that the likely maximum range of pump outs is 1-4 events in 50% of years. 26 Having regard to the Minister's assessment and the experts' agreement that the pump out requirement for the system meets the relevant objectives of the Policy, I do not consider the application should be rejected on these grounds. Furthermore, I do not consider it would set any undesirable precedent as development consent has been granted for the system after merit assessment and the objectives and intent of the Policy have been met. Effluent Quality 27 The evidence is that the reclaimed water quality achieves the standard for unrestricted public access. This means that the reclaimed water is entirely safe for human contact and that going to the irrigation field will meet the toilet flushing standard for high exposure risk. 28 The quality of reclaimed water irrigated on this site will exceed the quality acceptable (pathogens) for irrigation by 1,000 times. Considering that an irrigation system for a dwelling has no standard for pathogens, I am satisfied that the level of wastewater treatment is of high order that meets acceptable limits. Ground Water 29 In their joint report of 12 November 2009 (Exhibit 13) the groundwater experts have agreed that the reclaimed water from the STP will: "( a) produce pathogen levels which would not put at risk the groundwater resource when irrigated over the nominated irrigation field; (b) salinity levels within the reclaimed water are within the expected concentration ranges of the local groundwater resource and are therefore not expected to detrimentally impact the resource; (c) nutrient levels within the reclaimed water are applied at a sustainable rate such that, with appropriate harvesting of vegetation from the irrigation areas, there is no significant risk of nutrient leaching to the groundwater and impacting the local groundwater resource. " 30 Consequently, the experts agreed: ''that with the current STP design and operation of the SBMP as documented in the joint report between Hird, Bristow and Martens, that the risk of groundwater contamination from the reclaimed water irrigation field is acceptable, and can be removed as a contention in the proceedings' 31 The impact on groundwater is a matter on which Mr Dey, one of the residents of the area gave evidence. Mr Dey produced a photo (Exhibit 22) showing a hole, which he made with an auger on 17 July 2008 following rain. Mr Dey had previously provided a copy of that photo and his report objecting to the OSMS to the Minister when the Minister assessed the modified OSMS. Mr Dey spoke with Mr Sutherland about his concerns. 32 In cross-examination Mr Dey conceded that at the time he dug the hole there was water on the surface of the land. He said the water was visible and squelching beneath his feet. Mr Dey conceded that he had drilled bores before and they were a "different kettle of fish" to the testing he did under AS1547. Mr Dey conceded that he knew that screens were used when investigating groundwater but he did not use any screen. 33 Dr Martens responded to the methods used by Mr Dey saying that he did not accept Mr Dey's method as a valid test for groundwater as it failed to separate the surface water from the ground water. Dr Martens referred to the Butler report, which showed that the bores drilled by them had been screened to isolate the groundwater. Dr Martens also said that for the purpose of his investigation he had not relied a solely on the bores by Butler but had also reviewed groundwater records for the area and observations on site including the position and depth of the drains. 34 Following extensive cross-examination, Dr Martens confirmed that the agreed position between the experts was that the groundwater as at 1.5 metres below the surface (Exhibit 14). Dr Martens did not accept that the highest seasonal groundwater could rise above 700mm below the surface level. Instead, he said that the invert level of the drains was the likely highest level of groundwater and this was in accordance with accepted practice. 35 Insofar as Mr Sutherland was not called by the Council to give evidence, in the relevant groundwater reports he agreed with Dr Martens. As there seems to be reasonable consistency with this expert evidence, I am satisfied to rely on this rather than on Mr Dey's opinion. Therefore any impacts on the groundwater would not be sufficient to warrant rejection of the proposal. Hazard Assessment 36 Mr Bristow and Ms Hird do not agree with the Hazard and Risk Assessment prepared by Dr Martens and incorporated into the SBMP. Notwithstanding his disagreement, Mr Bristow confirms in the 4th Joint Report that he has undertaken his own Hazard and Risk Assessment and as a result has concluded that in his expert opinion: 'The developed CCPs are more extensive than necessary, however they and documented process, automatic control system and management plans do in DBs opinion monitor control and address the readily identifiable Hazards and risks and reduces these to As Low As Reasonably Possible (ALARP). " 37 Importantly, Mr Bristow goes on to accept at paragraph 10 that subject to conditions, all contentions have or can be satisfied by the documents now filed with the Court subject to conditions. 38 However, Ms Hird maintained her position on the basis of risk uncertainty due to the difficult environment and that that irrigation is severely limited by the available land area, the inherently poor soils and the wet climate. 39 But on review of the evidence, I do not it warrants the proposals refusal based on this position because some of her assumptions as follows are not well-founded: Pursuant to table 4.2A4 page 125 of AS1547 the minimum design irrigation rate (D1R) is 15mm per week (2.14mm per day) and there is no requirement for wet weather storage; The application of DIR determines the size of the irrigation field. The volume of effluent to be irrigated is 1388 I per day. At a DIR of 2.14mm per day and irrigation field of 649 sq m is derived (1,388 divided by 2.14). The proposal irrigates tertiary ( not primary ) effluent at 1.16mm per day with an irrigation field area of 1,200 sq m and a full raft of controls. Sub soil permeability was assumed to be low 0.06 (60mm/ day) to 0.12 (120mm/day) (Exhibit G page 6) - This is the equivalent of 2.5mm to 5.0mm per hour; DECC 2004 (Exhibit 3, p646) indicates that this represents a moderate - severe limitation on irrigation. However, table 4.2A4 AS 1547 states that such soils can be successfully irrigated at 15mm per week. Recent testing by Dr Martens revealed that the sub soil permeability assumption was overly conservative (Exhibit H page 8). The average permeability over 4 samples was 0.214 metres per day (approximately 200%_higher permeability). Pursuant to Table 4.2A4 of AS1547 for soil category 5 the DIR increases to 20mm per week (2.86mm per day). At 2.86mm per day the irrigation field size is 485 sq m (1,388 divided by 2.86) and this entirely ignores the beneficial effect of the proposed 200mm of sandy loam replacement soil; In terms of the 'wet climate' preventing irrigation, AS1547 is a conservative state wide document, which makes no further discount for wet weather; The experts agreed that adequate rainfall data was studied and modelled. As a result of concerns the system has included a large number of specifically features: an irrigation control board, wet weather storage, moisture probes, ground water level probes, rainfall sensors, backup pumps, back up generator, routine daily and monthly inspections and a comprehensive alarm system including pipe burst sensors in the irrigation field. 40 Accordingly, I am satisfied that the concerns expressed by Ms Hird can be satisfactorily addressed in the context of this approval, based on the engineering evidence. Insofar as Ms Hird is concerned that the system relies upon untrained managerial staff who have full responsibility for alerting personnel remote to the site, it appears that the system has multiple alarms that alert the store manager, staff and the contractor charged with maintenance automatically. Further the SBMP provides for the induction of the manager including certification that he has been trained. Resident objections 41 As noted previously, there was a large number of objections against the proposal and 4 residents gave supplementary oral evidence. However as most of this evidence was in relation to the technical aspects, I have dealt with it in conjunction with the expert evidence. 42 I also note that when the Minister granted the Consent and approved the Modified Consent, the Minister received substantial objection to the Development including the proposed on-site waste-water treatment plant from both residents and Council. 43 As a result of the significant objection the Minister undertook a detailed assessment of the proposed wastewater treatment system and retained external independent wastewater experts who examined and assessed the upgraded proposal and further changes preferred by the applicant to improve the system. Those consultants recommended approval (and the Minister ultimately approved) of the system, which at that time was based on the following (note the subsequent improvements): (1) irrigation area of 1157 sq m; (now 1,250 sq m) (2) daily wastewater generation rate of 2480 Iitres (now 2,651L + 5%). (3) 25 sq m sand filter (now 40 sq m) (4) wet weather storage of 35000L (now 118,000L) (5) assumed pump out of 6 times a year (now an average of 1-4 times in 50% of years) (6) buffers of 0.5m to 1 m (now 1 m) (7) design irrigation rate of 15mm per week (now 8.12mm per week or 1.16mm per day) (8) no toilet re use (now 1 ,263L is re-used) (9) a comprehensive system of alarms and safeguards (10) water quality of all reclaimed water fit for human contact (11) Detailed on site management plan 44 Accordingly, I note that the expanded irrigation field (1,250 sq m) will now receive only approximately half the volume of water (1,388L) that was approved by the Minister (1,157 sq m with disposal rate of 2,480L per day). Based on these improvements to the design of the proposal, I am satisfied to rely on the expert's agreement that the proposal should operate at a satisfactory level of service. Conclusions 45 Having carefully considered the evidence, the submissions and undertaken a view, I am satisfied this amended design for the OSMS merits conditional approval. 46 As I have noted, the supermarket development was granted consent by the Minister for Planning, after a detailed assessment of the wastewater constraints at the site. Accordingly performance conditions were imposed. I am now satisfied that more detailed site investigation has been undertaken by Dr Martens, resulting in more conservative design parameters than the original consent conditions. 47 I understand that this s68 application must be consistent with the development consent and that this can be achieved by way of a deferred commencement condition under section 95 of the LGA, which I consider appropriate in the circumstances. 48 In the ultimate, it seems to me that this system is now of a conservative design with spare capacity in the 20KL capacity settling tanks having a 7.5 day detention period. The normal detention period is 3.5 days to enable separation of solids. There is reserved capacity for sludge storage, which is double that normally provided. 49 In the event of some breakdown, the STP can be closed down and the supermarket can continue in full operation for a period of at least 2 days. According to the engineers, this should be ample time to correct any fault or to switch to the generator. Where there is an event such as a flood, which closes down the system the supermarket will not be trading in any event. 50 Furthermore, I accept the system has been designed with several important safeguards involving double barrier treatment or backup systems including: (a) all pump sets are duty and stand by; b) there is double disinfection including UV and chlorine' (c) the installation of a reclaimed water recirculation and rechlorination system. (d) comprehensive alarm systems on all pumps, water levels and other operating items (e) the alarm system includes visible and audible alarms on site, a comprehensive error messaging system on the control board, a duplicate or mimic panel for all errors located in the staff room, and a SCADA based telemetry system that reports to both store management and the service contractor the critical alarms and overall plant performance. 51 A critical consideration in my assessment has been that whilst the OSMS has been designed for the life of the Development, there is development consent to connect to the reticulated sewer when it becomes available. Conditions of consent require the operator to obtain a section 68 approval to make that connection before it can upgrade supermarket operations to include meat preparation, baking, fresh seafood and chicken cooking. 52 Documents produced by the Council indicate that as recently as 7 September 2009, the Director of Water & Recycling Management Services reported to Council that contract for the sewerage augmentation scheme now has a completion date of 25 October 2010 (Exhibit L). This progress report indicates that significant milestones have already been achieved in this construction work. 53 In the event that the contract is completed within a reasonable time and taking into account the time to build the project, it seems possible on these dates that a timely connection to the sewer main could be achieved, thus avoiding any possible adverse environmental impacts. 54 If however this does not occur, I am nevertheless satisfied this amended proposal can operate in the interim period, within acceptable environmental limits. I note that the conditions of approval require the SMF/OSMS to cease operation if there is any failure likely to cause risk to persons or the environment and taken with the other conditions, I am satisfied that the overall operating requirements should be on a fail/safe basis. 55 Reference was also made to a number of operating matters, including council's preference that the public toilets be locked to achieve the necessary water balance. However I consider the checks and balances in the system should enable the toilets to remain open whilst ever the development and system is operating normally. The figures submitted indicate that if the number of toilet users was doubled, the irrigation requirement would be in the order of 100l, which I consider is comfortably within the limits of the system. 56 Insofar as there was some discussion about the draft conditions, I am inclined to accept the applicant's submissions regarding approval being personal to Woolworths in accordance with cl 46 of the Regulations as follows: "If an owner or occupier of land is the holder of an approval to operate a system of sewage management on the land (being an approval that is in force), any other owner or occupier of that land may operate the system of sewage management (without obtaining a further approval) in accordance with the conditions of the approval. " 57 With regard to any condition limiting the term of the approval, I consider the council's preference for a maximum term of 24 months unreasonable in the circumstances. Likewise, I consider the applicant's preference for a 15-year term excessive in the current circumstances. Taking into account the likely completion of the sewer reticulation in the foreseeable future and the desirability of connecting the subject development, I consider the term of the approval should be 5 years. Whilst I am satisfied the level of risk of risk is low, nevertheless the period of exposure should be limited wherever possible and this will ultimately be achieved by connection to the sewer. Presumably this term can be reviewed depending on the circumstances at the time. 58 For these reasons then, I am satisfied that approval should be granted to install and operate the on-site sewerage management system (OSMS). Court orders 59 The Court Orders that: 1. The appeal is upheld. 2. A Section 68 approval is granted to install an on-site sewerage management system (OSMS) at Lot 1 DP 112508 Station Street, Mullumbimby subject to the conditions in Annexure A. 3. A Section 68 approval is granted to operate an on-site sewerage management system (OSMS) at Lot 1 DP 112508 Station Street, Mullumbimby subject to the conditions in Annexure B. 4. The exhibits may be returned except for P and 24. ___________________ R Hussey Commissioner of the Court ljr Annexure 'A' Conditions of Consent Approval to Install on-site Sewerage Management Fabcot Pty Ltd v Byron Shire Council Lot 1 DP 112508 Station Street, Mullumbimby PARAMETERS OF THIS APPROVAL TO INSTALL ON-SITE SEWERAGE MANAGEMENT SYSTEM (OSMS) Deferred Commencement Condition (A) This approval does not operate unless, within 12 months after the date of this approval, development consent number DA 32-4-2006 (modified as DA 32-4-2006 MOD2) has been modified, or a fresh development consent granted, approving the following plans: a) Hydraulic Services Site Plan – Waste Water Treatment Plan and Details, 6009-H1-6, dated 26.11.09. b) Hydraulic Services On Site Sewage Management System Plan View and Details, 6009-H2-7, dated 30.11.09. c) Hydraulic Services Elevation of On Site Sewage Management System, Table and Details, 6009-H3-7, dated 30.11.09. d) Hydraulic Services Ground Floor Drainage, First Floor Sanitary Plumbing, Trade Waste Calculations, 6009-H4-A, dated 13.10.09. e) Hydraulic Services Roof Plan, Site Plan – Water and Fire Services, 6009-H5-C, dated 13.10.09. f) Hydraulic Services Ground Floor, Level 1 and 2 Water and Fire Services, 6009-H6-C, dated 13.10.09. g) Hydraulic Services Suspended Drainage Diagrammatics and Detail, 6009-H7-A, dated 13.10.09. h) Hydraulic Services Water and Fire Service Diagrammatics, 6009-H8-A, dated 13.10.09. i) Hydraulic Services P&ID Plan, 6009-P&ID-6, dated 30.11.09. Commencement On-Site Waste Water Irrigation System and Reuse 1. Prior to any irrigation or effluent reuse and an approval to operate the OSMS commencing, the Independent Certifier must provide a certificate to the Council, following successful completion of the commissioning period in accordance with this approval, certifying that adequate measures have been implemented to ensure that the on-site waste water and irrigation and reuse system will operate in accordance with the plant's site based management plan (SBMP version 1.0) and achieve its stated water quality standard during the operational phases of the development. To satisfy the Independent Certifier in this matter, the following evidence is to be provided following the successful completion of the commissioning period and prior to irrigation and reuse and operation of the plant: a. As constructed drawings of the OSMS and related infrastructure, including the site house drainage, the treatment plant proper, the effluent recycling system, the water reticulation system and the effluent irrigation areas, electrical switchboard and reticulation; b. A detailed plant commissioning report that details the performance of the plant over a 12 weeks commissioning period, the defects identified and remedied, the changes required to the SBMP to reflect the changes to plant operation and management to achieve the water quality specification; c. An updated SBMP version 2 for the plant that reflects the changes documented in the as constructed drawings, the actual equipment units installed and the recommendations in the plant commissioning report; d. A detailed operation and maintenance manual for the OSMS that fully describes the correct and detailed operation and maintenance requirements for the OSMS including operation and maintenance schedules for each piece of plant and equipment, routine cleaning, monitoring and reporting requirements, manufacturers requirements and specification sheets, exploded views of all plant & equipment, electrical diagrams, as constructed drawings, an updated piping and instrumentation diagram to chemical industry standards; e. A detailed irrigation system operation and maintenance manual for the proper operation and maintenance of all irrigation areas, pipe work and controls; f. A detailed effluent recycling (for toilet flushing) system operation and maintenance manual for the proper operation and maintenance of all recycling plant and equipment, reticulation systems, pipe work and controls; g. All manuals are to be prepared by a suitably qualified engineer; h. A copy of a duly completed management contract clearly indicating the responsible operator/contractor including registered business address and 24 hour contact number, including a comprehensive check list of tasks that are to be completed by the operator/contractor with nominated service frequency for each task; i. An engineer's certificate that the OSMS has been constructed in accordance with the approved plans (including any approved variations); and j. An engineer's certificate that the OSMS has demonstrated that it is fit for purpose in accordance with the approved plans, SBMP, water quality requirements of this approval and the commissioning report. Definition of Sewage Management Facility ("SMF") / Onsite Sewerage Management System ("OSMS") 2. In this approval the following definitions apply: (a) Sewage Management Facility ("SMF") or Onsite Sewage Management System (OSMS) includes house drainage, sewers, suspended sewers, pump stations, grease traps, sewage treatment infrastructure, buildings and its components and structures, effluent storage tanks, irrigation systems, sewerage reticulation system, recycled water system and all other interconnecting and incidental or ancillary pipes, pumps and connections and any waste products from the plan including biosolids/sludge. (b) Independent Certifier means an appropriately qualified engineer or engineers approved by the Council, such approval not to be unreasonably withheld. Components of the SMF / OSMS 3. The applicant shall install a Sewage Management Facility designed for the treatment of a maximum wastewater loading of 2800 litres / day and land disposal by irrigation of 1400L/day of treated effluent comprising the following: (a) a 4,000 litre capacity Grease Trap (b) a 10,000 litre pumpwell fitted with two (duty/standby), 3 phase, macerating submersible raw sewage pumps (c) a pumpwell discharge pit (d) Two 10,000 litre septic / primary sedimentation tanks fitted with 45oconical benching, connected in series fitted and with outlet filters and gas baffles in accordance with the design principles of AS1546:1:2008 (e) a 8000L flow balance tank fitted with two (duty/standby) 3 phase macerating submersible pumps (f) A 40m2 surface area recirculating sand filter with a minimum depth of sand media of 600mm, using sand with an effective size of 3-6mm and a uniformity coefficient of <4. (g) A secondary clarifier with an effective surface area of 2.5m2 and a side wall depth of 1.5m, fitted with 45oconical benching, outlet gas baffles and two, 3 phase duty/standby macerating sludge pumps (h) a 8000L effluent holding tank fitted with two (duty/standby) 3 phase submersible pumps (i) A self backwashing multimedia sand filter with a bed depth of 900mm and filter area of 1m2 (j) An automatic self cleaning ultrafiltration membrane filtration system with 1um prefilter(Aquacure TKS-S45-BB20-UF-UV4 or similar). (k) A liquid chlorine dosing plant with flow proportional control; (l) An inline UV Disinfection system rated at 50% of its clean water capacity (m) A 5,000L treated effluent holding tank; (n) four wet weather irrigation storage tanks connected in parallel to provide 118 kL of usable storage for irrigation control (o) a re-chlorination system to the effluent holding tanks (p) two duty/standby 3-phase irrigation pumps (q) A 1250m2 sub surface irrigation area, fitted with pressure compensated drip line and planted with buffalo grass and moisture loving, salt tolerant trees suited to the climate of Mullumbimby. (r) Native soil within the irrigation area must be removed to a depth of at least 200 mm. (s) After removal the sub-soil material is to be cultivated to a depth of 200mm. Agricultural lime is to be incorporated at a rate of 2 tonnes/ha. (t) The removed soil is to be replaced by a sandy loam material with properties as outlined in Condition 13. (u) The finished irrigation area must have a fall (of between 1 and 2%) to an engineered stormwater drainage (bioretention) system (v) 1,000 litre toilet flushing header tank, fitted with mechanical float valve and RPZD valve connected to the site potable water for top up of lower 25% of tank working volume (w) An automatic plant and irrigation system monitoring and control system (SCADA) that controls the OSMS and Irrigation system automatically and reports alarms and faults to the Store manager and OSMS Operator simultaneously. (x) Automatic and continuous monitoring of rainfall, soil moisture, ground water level and treated effluent turbidity and chlorine. (y) Recycled water reticulation in polyethylene recycled water grade purple pipe in accordance with the plumbing regulations and AS/NZS 3500. (z) The operator must minimise biological loading through use of sink strainer. (aa) The operator must not discharge grease, oil, paint, pesticides, chemicals or medications. (bb) All materials shall be durable and of non-corrosive components with an expected operating life of at least 15 years. (cc) All irrigation pipe work and fittings between the treatment tanks and disposal field shall comply with Australian Standard AS 2698 "Plastic Pipes and Fittings for irrigation and Rural Application. (dd) Soaker hoses, garden sprinklers and standard water hoses and attachments shall not be used for irrigation or aerated septic treatment system effluent. SMF / OSMS to be in Accordance with Approved Plans and Documents 4. The proposed SMF / OSMS must be constructed in accordance with: a) This approval to install: 70.2009.1032.1 and DA 32-04-2006 MOD 3 (once amended) issued by the NSW Department of Planning; b) Interim NSW Guidelines for Management of Private Recycled Water Schemes DWE 2008 c) Environmental Guidelines - Use of Effluent by Irrigation DEC 2004 d) Australian Guidelines for Water Recycling - Managing Health and Environmental Risks 2006 e) The design principles of AS1546:2008 Onsite Domestic Wastewater Treatment Units f) AS/NZS 3500: 2003 Plumbing and drainage g) Site Based Management Plan (SBMP version 1) for the OSMS and Recycled Water System (RWS) Version 1.0 dated December 2009 h) Plan Numbers : a. BRW – 6009 – P&ID revision 6 b. BRW - 6009 – H1 revision 6 c. BRW – 6009 – H2 revision 7 d. BRW – 6009 – H3 revision 7 e. BRW – 6009 – H4 revision A f. BRW – 6009 – H5 revision C g. BRW – 6009 – H6 revision C h. BRW – 6009 – H7 revision A i. BRW - 6009 – H8 revision A i) Where conflict arises between Guidelines (items b, c and d) above DWE 2008 prevails over DEC 2004 which in turn prevails over the design principles of AS1546. j) OSMS Functional Specification – Attachment H SBMP Version 1.0 Dec 2009 k) Civil and structural design drawing including groundworks for the OSMS to be provided to the Independent Certifier's satisfaction. Performance of SMF / OSMS 5. The Applicant must construct the SMF / OSMS to achieve the water quality as set out below: a. Recycled Water used for Toilet Flushing – Table 1 b. Treated Effluent used for land irrigation – Table 2 Table 1 - Recycled Water Quality - High Risk (Internal Reuse) Parameter Limit Type Limit Turbidity (NTU) 95th Percentile <2 Maximum <5 E.coli (cfu/100mL) 50th percentile <1 5 consecutive samples BOD5 (mg/L) Maximum <10 Suspended Solids (mg/L) Maximum <10 pH Range 6.5-8.5 Chlorine (mg/L) Range 0.2-1.0 Coliphages (pfu/100mL) 50th percentile <1 5 consecutive samples Clostridia (cfu/100mL) 50th percentile <1 5 consecutive samples Table 2 - Irrigation Water Quality - Medium Risk (Reduce Buffer irrigation) Parameter Limit Type Limit E.coli (cfu/100mL) Median (5 consecutive samples) <10 BOD5 (mg/L) Maximum <20 Suspended Solids (mg/L) Maximum <30 Turbidity (NTU) Maximum <5 pH Range 6.5-8.5 Chlorine (mg/L) Range 0.2-1.0 Total Nitrogen (mg/L) Maximum <40 Total Phosphorus (mg/L) Maximum <15 PRIOR TO COMMENCEMENT OF WORKS Indemnity and Insurance 6. A policy of public liability insurance in the amount of ten million dollars ($10,000,000.00) or future industry equivalent standard value, must be maintained by the owner, its successors and assigns. Provision of Information 7. Prior to work commencing on construction of the on-site sewage management system the following is required: a) A licensed builder is to be engaged to carry out and manage all OSMS works. The builder is to obtain a permit from Byron Council prior to commencing any work. b) A licensed plumber is to be engaged to carry out all plumbing and drainage work. The plumber is to obtain a permit from Byron Council prior to commencing any work. If there is more than 1 plumber carrying out works then separate permits will have to be lodged stating specifically the works that are to be carried out. Potential acid sulfate soils 8. To ensure no disturbance of acid sulfate soils, no construction and installation shall be undertaken below the water table unless a preliminary acid sulfate soils assessment has been undertaken and report prepared by a suitably qualified person approved by Council, which approval shall not be unreasonably withheld. Should the preliminary assessment encounter acid sulfate soils, no works must take place unless an acid sulfate soils management plan is prepared by a suitably qualified professional approved by Council which approval shall not be unreasonably withheld and submitted to Council. Groundwater Monitoring Report 9. Prior to operation of the works a report is to be prepared and submitted to Council by a suitably qualified groundwater consultant approved by Council, which approval is not to be unreasonably withheld,to establish an appropriate groundwater-monitoring program. The report must include the following: a) Provision of a minimum of three groundwater monitoring piezometers to three depths, one upslope and one downslope of the irrigation areas and one in the irrigation area to monitor impacts on groundwater quality and level. b) Provision for monitoring of stormwater quality c) A groundwater quality testing program to : i. establishment of a baseline of groundwater quality, performance and adverse impact criteria for monitoring purposes; ii. collection of representative samples with consideration for seasonal variation by all monitoring bores being constructed to a depth below ground level of 5.0m 10. The approved groundwater monitoring program must be installed, implemented and adhered to at all times. 11. Licences pursuant to the Water Act 1912 for monitoring bores must be obtained as required. DURING CONSTRUCTION Installation in accordance with Approval 12. a) The SMF / OSMS is to be installed in accordance with approved plans, specifications and conditions of approval and the requirements of the NSW Code of practice and AS/NZS 3500 must be adhered to. b) All pipe work and fittings shall comply with relevant Australian Standards. c) All materials shall be durable and of non-corrosive components with an expected operating life of at least 15 years. d) All irrigation pipe work and fittings between the treatment tanks and disposal field shall comply with Australian Standard AS 2698 "Plastic Pipes and Fittings for Irrigation and Rural Application". Imported Soil Requirements 13. The soil imported to improve effluent disposal areas must be sandy loam topsoil that conforms to AS4419 and has: a. Soil classification "sandy loam"; b. pH as measured in calcium chloride solution of between 6.0 and 7.0; c. a hydraulic conductivity of 1.4-3.0m / day; d. Electrical conductivity of the saturated extract of the soil less than 1.0 dS/m; and e. Phosphorous sorption capacity (5 point test) of at least 400mg/kg. Irrigation Area Plantings 14. The irrigation area is to be planted with buffalo grass and lilly pilly trees in accordance with the vegetation plantings shown on the approved drawings. The trees are to be planted along the outer property perimeter. Other native moisture loving plants, suitable for the Mullumbimby climate and thriving in nutrient rich, cool wet conditions in both full sun and shade may be used. PRIOR TO OPERATION Commissioning 15. Prior to commissioning of the SMF / OSMS, or any component of it, the applicant shall provide to Council certification from a licensed plumber that a dual reticulated water supply has been installed in accordance with AS/NZS 3500.1:2003 and is clearly marked to ensure that no cross connection can or has occurred with the potable water supply. 16. A commissioning, validation and verification plan will be prepared for the treatment plant to demonstrate how the performance of the plant and its compliance with the required water quality standards will be tested and confirmed prior to the plant going on maintenance and being operated. Commissioning, validation and verification testing is to be independently certified by the Independent Certifier and in accordance with NSW Guidelines for Private Operation of recycled water systems (DWE 2008). 17. The commissioning program shall run for at least 12 weeks and demonstrate compliance with Tables 1 & 2 for both types of water produced by the plant for an uninterrupted period of 28 consecutive days within the commissioning period. The testing frequency during the proving period will be at least three samples per week of raw sewage, recycled water and irrigation water and at least twice weekly at all other times. 18. Commissioning of the irrigation system and toilet flushing system must be with town potable supply only. 19. All water quality testing shall be undertaken by a laboratory holding NATA accreditation of each and every test parameter listed in Table 1 & 2. 20. All treated effluent produced during commissioning is to be removed by regulated liquid waste tanker monthly between the hours of 7 am and 8 am Monday to Friday and disposed off site at a suitable treatment facility. 21. The SMF / OSMS must not be used until such time as it is completed, inspected and approved for use by the Independent Certifier that the facility has been installed and constructed in accordance with the approval. The following inspection/s will be required for the work: a) Internal drainage and plumbing b) External drainage & Irrigation area c) OSMS Completion d) End of OSMS Commissioning Period with plant compliant for 28 days within the commissioning period e) Final. Note: Inspections will not take place unless the plumber or the plumber's representative is on-site. Re-inspection fees will apply to plumbers not on-site for inspections. Standard fees will be charged for all inspections. Positive and Restrictive Covenants 22. A s88E positive covenant substantially in the form attached is to be registered on the title of THE LAND at the applicant's expense for maintenance of the SMF / OSMS to ensure any incoming purchaser is aware of their environmental responsibilities regarding the system. 23. A restrictive covenant substantially in the form attached is to be registered on the title of the land at the expense of the applicant. THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES Access by Council Officers 24. Access must be permitted to any authorised Council officers during normal business hours for the purpose of ensuring compliance with these conditions of Approval. Noise Emissions During Construction and Commissioning 25. The SMF / OSMS noise emission levels are to comply with the provisions of the Protection of the Environment Operations Act at all times. Odour Control During Construction and Commissioning 26. Pump-out of the SMF is to be undertaken in a manner that maintains an airtight seal within the storage tank. The vacuuming is to be facilitated through a cam-lock type (or other device as approved by the Independent Certifier) fitting to the storage tank. Storage tanks are to be fitted with floor benching that allows all sludges to flow under gravity to the vacuum suction pipe in the tank. 27. Odour shall be controlled through the use of vent pipes on each of the above-noted tanks and chambers. That is, a one hundred [100] millimetres vent pipe shall be fitted to the 4,000 litre Grease Interceptor Trap, the Sewerage Pump Out Chamber, Primary Tanks One [1] and Two [2], the flow balance tank, the Clarifier, the Effluent Transfer Pump Station and each of the four [4] x 20,000 litre holding tanks. 28. Each vent pipe shall discharge to the atmosphere a minimum three hundred [300] millimetres above the supermarket roof level in accordance with Australian Standard, AS/NZS 3500. Effluent Quality 29. At the completion of commissioning at all times the SMF must operate to produce effluent of a quality that meets the water quality limits as set out below: a. Recycled Water for Toilet Flushing – Table 1 of this approval b. Treated Effluent for land irrigation – Table 2 of this approval Deed of Agreement 30. Woolworths Ltd shall enter into a deed of agreement with a suitably qualified service provider approved by Council such approval not to be unreasonably withheld for the operation of the SMF / OSMS irrigation system and control system operations in accordance with and to meet the requirements of this approval. Such an agreement is to continue in force for as long as the SMF is operated. SMF Must Be Completed 31. The SMF / OSMS is to be constructed in accordance with approved plans and specifications and standards. The system is not to be used and/or operated until the Independent Certifier has certified to the Council that he/she has inspected the system and authorised its use. 32. The plant must be successfully commissioned within 180 days of the commencement of the commissioning period or such longer period as Council reasonably agrees. If this is not achieved, then alternate sewerage arrangements are to be made to Council's satisfaction, otherwise no sewage is to enter the system, until such time as the plant is successfully commissioned or alternative sewage arrangements are made to Council's satisfaction. Manner of Operation of SMF 33. a. The SMF / OSMS must not be operated in such a manner as would unreasonably interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise. Subsurface Irrigation (SSI) 34. Approval to irrigate treated wastewater onto the land does not commence until the SMF / OSMS has been commissioned and is operating in accordance with this approval and the Approved Site Based Management Plan and when the treatment processes are reliably achieving the water quality standard required under the approval for a period of 28 calendar days within the 12 week commissioning period. 35. The operation of the sub-surface irrigation on the land is conditional on the following: a. Irrigated wastewater meets the minimum standards as prescribed Table 2 of this approval. b. The irrigation area has an adequate vegetative cover of at least 90% of the designated irrigation area. c. The irrigation area is constructed so as to prevent discharge into any watercourse or onto any land other than its related effluent application area. d. A manual/plan is available showing how routine servicing of all sub-surface irrigation infrastructures including but not limited to: pumps, pump-wells, filters, scour valves, control units, vacuum break, alarms, and soil moisture sensors is to be maintained to ensure safe and reliable operating conditions. e. The nature of all service reports to be forwarded to Council annually are available as part of the service agreement including details of the nominated service agent. f. A demonstration can be made to confirm that no surface ponding of effluent occurs after a routine irrigation. g. Soil moisture monitors are in place to ensure that irrigation ceases when there is a 5 mm soil moisture deficit measured by a soil moisture reading calibrated to measure this deficit at a reading of 70% on the sensor meter. h. A rainfall monitor is in place that will shut down irrigation when more than 15mm of rain is detected on any one day. This value is to be tested and confirmed during the first 12 months operation and may be adjusted on the recommendation of the Independent System Auditor. i. An automatic recording device is installed capable of shutting down the Irrigation if the groundwater is detected at or above 700mm of the ground surface Wastewater Reuse For Toilet Flushing 36. No reuse of wastewaters to be commenced until such time as a safe and reliable standard of wastewater treatment has been demonstrated to the satisfaction of the Independent Certifier. To satisfy this condition the OSMS will have to have been successfully commissioned and the engineers certificate required in clause 1(i) and 1(j) provided to Council. 37. Recycled waste water is not to be used to flush toilets including water closets and urinals during commissioning. The toilet, water closet and urinal cisterns are to be provided with town mains potable water during this time. 38. The recycled water provided for toilet flushing is to be monitored continuously for turbidity and chlorine residual during commissioning. If at any time the recycled water fails to meet the turbidity and or chlorine concentrations shown in table 1, then the incident is to be logged. Should more than one failure per week be logged during the commissioning period the 28 day compliance period is to be restarted from that time at which the frequency of failure ceases. Limited Pump Out Permitted during Commissioning Phase Only 39. Sludge, scum and accumulated debris in tanks is to be pumped out on demand and at the request of the contracted operator of the OSMS. 40. Ensure that all pump out wastewater, biosolids/sludge from the OSMS are removed from the land to an approved offsite disposal area and there is no disposal, mixing or reuse of the wastewater, biosolids/sludge in any form on the subject land. 41. Pump out of effluent during the commissioning period must be minimised and must comply with the following: a) During commissioning the Pump-out volume is not to exceed 80,000L/ month. b) Pump-out during the operation of the OSMS is addressed in the conditions for the approval to operate. c) Pump-out must only occur between the hours of 7am and 8am Monday to Friday. d) That all wastewater including biosolids from the OSMS are removed from the land to an EPA/Council approved sewage treatment plant, and there is no disposal, mixing or reuse of the wastewater, biosolids in any form on the subject land. e) Pump-out is to occur in accordance with the operations and management plan. f) All costs associated with the pump-out operation and disposal at the sewage treatment plant are to be borne by the applicant. Instrument setting out terms of Easements or Profits à Pendre intended to be created or released and of Restrictions on the Use of Land or Positive Covenants intended to be created pursuant to Section 88E Conveyancing Act 1919. (Sheet 1 of 5 sheets) Plan: Deposited Plan [insert relevant DP] Full name and address of the owner of the land: Fabcot Pty Limited of 1 Woolworths Way, Bella Vista, NSW 2153 Part 1 (Creation) Number of item shown in the intention panel on the plan Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan. Burdened lot(s) or parcel(s) Benefited lot(s), road(s), bodies or Prescribed Authorities 1 Byron Shire Council Restrictive Covenant [insert Fabcot's lot number] 2 Byron Shire Council Positive Covenant [insert Fabcot's lot number] Part 2 (Terms) 1. Interpretation 1.1 Definitions In this Instrument, unless the contrary intention appears, the following terms have the following meanings: Act means the Local Government Act, 1993 (NSW). Approved means approved by the relevant Authority under the Act. Authority means any government or governmental, semi-governmental, quasi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity and includes the Council. Covenants means the restriction and positive covenant created on registration of this Instrument. Council means the Byron Shire Council. Grantor means the registered proprietor of the Lot Burdened. Instrument means this section 88E instrument. Lot Burdened means the whole or any part of a lot having the burden of a Covenant. 1.2 Unless a contrary intention appears, a reference in this Instrument to: (a) ( reference to anything ) a reference to anything is a reference to the whole or each part of it; and (b) (references to statute) a law, ordinance or code includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of them; and (c) (singular includes plural) the singular includes the plural and vice versa; and (d) (meaning not limited) the words "include", "including", "for example", "amongst other things" or "such as" are not used as, nor are they to be interpreted as, words of limitation and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind. (e) (gender) a reference to one gender includes a reference to the other genders. 1.3 Headings do not affect the interpretation of this Instrument. 2. Covenants and agreements between Grantee and Grantor The conditions, covenants and restrictions in this Instrument are covenants and agreements between: (a) the Council for itself and its successors; and (b) the Grantor, its successors and every person who is entitled to an estate or interest in possession of the Lot Burdened or any part of it with which the right is capable of enjoyment; to the intent that the benefit and burden of those covenants and agreements are annexed to and pass with the benefits and burdens of the Covenants. 3. Terms of Restrictive Covenant numbered 1. 3.1 Other than on a temporary basis for the purposes of repairs, replacements and maintenance, no structures, vehicles or heavy equipment may be placed within those parts of the Lot Burdened which are used for irrigation of treated water from any Approved onsite sewerage management system operating on the Lot Burdened. 3.2 Other than on a temporary basis for the purposes of repairs, replacements and maintenance, the surface of the ground may not be broken, disturbed, excavated or cultivated and no additional water irrigation may occur within those parts of the Lot Burdened which are used for irrigation of treated water from or any stormwater treatment and detention areas within any Approved onsite sewerage management system operating on the Lot Burdened. 3.3 Other than on a temporary basis for the purposes of inspection, repairs, replacements and maintenance undertaken by persons authorised from time to time by the Grantor, no person may enter those parts of the Lot Burdened used for effluent holding purposes, for stormwater treatment or as a detention basin as part of any Approved onsite sewerage management system operating on the Lot Burdened. 3.4 No Approved water saving device installed or used in any building constructed on the Lot Burdened requires replacement, may be replaced unless the replacement device has at least the same water-saving capability as that which it replaces. 3.5 Nothing in this Instrument restricts the operation of any water saving device Approved under the Act. 4. Terms of Positive Covenant numbered 2. 4.1 While any Approved onsite sewerage management system operates on the Lot Burdened, the Grantor must at all times comply with every Approved site-specific sewerage management plan applicable to the Lot Burdened. Name of person or Authority empowered to release vary or modify Easement numbered 1: Name of Authority empowered to release, vary or modify Restriction as to User numbered 1 and 2 in the Plan. Byron Shire Council. Signed for and on behalf of Fabcot Pty Limited ACN 002 960 983 under s.127 of the Corporations Act: ___________________________________ Signature of witness ___________________________________ Name of witness The Common Seal of Byron Shire Council was hereunto affixed pursuant to resolution made on before General Manager Mayor _______________________________ R Hussey Commissioner of the Court ljr Annexure 'B' Conditions of Consent Fabcot Pty Ltd v Byron Shire Council Lot 1 DP 112508 Station Street, Mullumbimby PARAMETERS OF THIS APPROVAL TO OPERATE ON-SITE SEWERAGE MANAGEMENT SYSTEM (OSMS) 70.2009.1032.2 Deferred Commencement 1. This approval does not operate until the SMF / OSMS has been installed in accordance with approval to install 70.2009.1032.1 and the certifications required by that approval have been submitted to Council. 2. The Sewage Management Facility / OSMS must not be used until the Independent Certifier has given the applicant for approval notice in writing that that the Sewage Management Facility has been installed and constructed in accordance with the approval to install 70.2009.1032.1 ("Approval to Install") and a copy of that certificate has been provided to the Council. 3. After the commissioning period has been successfully completed in accordance with the approval to install 70.2009.1032.1, a report addressing commissioning, validation and verification of the SMF / OSMS in accordance with the conditions of the approval to install must be submitted to Council by the Independent Certifier. 4. A report must be provided to Council by the Independent Certifier demonstrating the recycled water quality standards prescribed in the approval to install and in the conditions of this approval have been reliably achieved by the treatment process for a continuous period of not less than 28 days during the commissioning period. The report must include relevant laboratory analytical reports from an independent laboratory accredited by NATA for the test parameters required to demonstrate the commissioning validation and verification requirements in accordance with the approval to install 70.2009.1032.1. Definition of Sewage Management Facility ("SMF") 5. (a) In this approval the following definition applies: Sewage Management Facility ("SMF") or On-Site Sewerage Management System ("OSMS) includes sewers, pump stations, grease traps, sewerage treatment infrastructure and its components and structures, effluent storage tanks, irrigation systems, sewerage reticulation system, recycled water system and all other interconnecting and incidental or ancillary pipes, pumps and connections and any waste products from the plan including biosolids/sludge. (b) Independent Certifier means an appropriately qualified engineer or engineers approved by the Council, such approval not to be unreasonably withheld. Components of the SMF / OSMS 6. The SMF / OSMS comprises the following for the treatment of a maximum wastewater loading of 2800 litres / day, recycling of 1400L/day of treated effluent and land disposal by irrigation of 1400L/day of treated effluent comprising the following: (a) a 4,000 litre capacity Grease Trap (b) a 10,000 litre pumpwell fitted with two (duty/standby), 3 phase, macerating submersible raw sewage pumps (c) a pumpwell discharge pit (d) Two 10,000 litre septic / primary sedimentation tanks fitted with 45oconical benching, connected in series fitted and with outlet filters and gas baffles in accordance with the design principles of AS1546:1:2008 (e) a 8000L flow balance tank fitted with two (duty/standby) 3 phase macerating submersible pumps (f) A 40m2 surface area recirculating sand filter with a minimum depth of sand media of 600mm, using sand with an effective size of 3-6mm and a uniformity coefficient of <4. (g) A secondary clarifier with an effective surface area of 2.5m2 and a side wall depth of 1.5m, fitted with 45oconical benching, outlet gas baffles and two, 3 phase duty/standby macerating sludge pumps (h) a 8000L effluent holding tank fitted with two (duty/standby) 3 phase submersible pumps (i) A self backwashing multimedia sand filter with a bed depth of 900mm and filter area of 1m2 (j) An automatic self cleaning ultrafiltration membrane filtration system with 1um prefilter(Aquacure TKS-S45-BB20-UF-UV4 or similar). (k) A liquid chlorine dosing plant with flow proportional control; (l) An inline UV Disinfection system rated at 50% of its clean water capacity (m) A 5,000L treated effluent holding tank; (n) four wet weather irrigation storage tanks connected in parallel to provide 118 kL of usable storage for irrigation control (o) a re-chlorination system to the effluent holding tanks (p) two duty/standby 3-phase irrigation pumps (q) A 1250m2 sub surface irrigation area, fitted with pressure compensated drip line and planted with buffalo grass and moisture loving, salt tolerant trees suited to the climate of Mullumbimby. (r) Native soil within the irrigation area must be removed to a depth of 200 mm. (s) After removal the sub-soil material is to be cultivated to a depth of 200mm. Agricultural lime is to be incorporated at a rate of 2 tonnes/ha. (t) The removed soil is to be replaced by a sandy loam material. (u) The finished irrigation area must have a fall (of between 1 and 2%) to an engineered stormwater drainage (bioretention) system (v) 1,000 litre toilet flushing header tank, fitted with mechanical float valve and RPZD valve connected to the site potable water for top up of lower 25% of tank working volume (w) An automatic plant and irrigation system monitoring and control system (SCADA). The plant must ensure an irrigation event leaves a 5mm soil moisture deficit. If not triggered by the previous method, irrigation must cease after 15 mm of rainfall under all circumstances. This is to be tested and confirmed during the first 12 months operation and may be adjusted on the recommendation of the independent system auditor. (x) Automatic and continuous monitoring of rainfall, soil moisture, ground water level and treated effluent turbidity and chlorine. (y) Recycled water reticulation in polyethylene recycled water grade purple pipe in accordance with the plumbing regulations and AS/NZS 3500. (z) The operator must minimise biological loading through use of sink strainer. (aa) The operator must not discharge grease, oil, paint, pesticides, chemicals or medications. (bb) All materials shall be durable and of non-corrosive components with an expected operating life of at least 15 years. (cc) All irrigation pipe work and fittings between the treatment tanks and disposal field shall comply with Australian Standard AS 2698 "Plastic Pipes and Fittings for irrigation and Rural Application. (dd) Soaker hoses, garden sprinklers and standard water hoses and attachments shall not be used for irrigation or aerated septic treatment system effluent. SMF / OSMS to be in Operated in Accordance with Approved Plans and Documents and other approvals 7. The proposed SMF / OSMS must be operated generally in accordance with: a) This approval to install: 70.2009.1032.1 and DA 32-04-2006 MOD 3 (once amended) issued by the NSW Department of Planning; b) Interim NSW Guidelines for Management of Private Recycled Water Schemes DWE 2008 c) Environmental Guidelines - Use of Effluent by Irrigation DEC 2004 d) Australian Guidelines for Water Recycling - Managing Health and Environmental Risks 2006 e) The design principles of AS1546:2008 Onsite Domestic Wastewater Treatment Units f) AS/NZS 3500: 2003 Plumbing and drainage g) Site Based Management Plan (SBMP version 2) for the OSMS and Recycled Water System (RWS) Version 2.0 dated December 2009. h) Plan Numbers : i. BRW – 6009 – P&ID revision 6 ii. BRW - 6009 – H1 revision 6 iii. BRW – 6009 – H2 revision 7 iv. BRW – 6009 – H3 revision 7 v. BRW – 6009 – H4 revision A vi. BRW – 6009 – H5 revision C vii. BRW – 6009 – H6 revision C viii. BRW – 6009 – H7 revision A ix. BRW - 6009 – H8 revision A i) Where conflict arises between Guidelines (items b, c and d) above DWE 2008 prevails over DEC 2004 which in turn prevails over the design principles of AS1546. j) OSMS Functional Specification – Attachment H SBMP Version 2.0 Dec 2009. 8. The plant is to be operated specifically in accordance with: a) The updated SBMP for the plant that reflects the changes documented in the as constructed drawings, the actual equipment units installed and the recommendations in the plant commissioning report; b) A detailed operation and maintenance manual for the OSMS that fully describes the correct and detailed operation and maintenance requirements for the OSMS including operation and maintenance schedules for each piece of plant and equipment, routine cleaning, monitoring and reporting requirements, manufacturers requirements and specification sheets, exploded views of all plant & equipment, electrical diagrams, as constructed drawings, an updated piping and instrumentation diagram to chemical industry standards. c) A detailed irrigation system operation and maintenance manual for the proper operation and maintenance of all irrigation areas, pipe work and controls. d) A detailed effluent recycling (for toilet flushing) system operation and maintenance manual for the proper operation and maintenance of all recycling plant and equipment, reticulation systems, pipe work and controls. e) As constructed drawings of the OSMS and related infrastructure, including the site house drainage, the treatment plant proper, the effluent recycling system, the water reticulation system and the effluent irrigation areas, electrical switchboard and reticulation f) A copy of the duly completed management contract clearly indicating the responsible operator/contractor including registered business address and 24 hour contact number, including a comprehensive check list of tasks that are to be completed by the operator/contractor with nominated service frequency for each task; 9. All other necessary approvals or licences, if any, issued by any government agency, including the Council, must be obtained and kept current and their conditions, if any, must be complied with. 10. This approval is valid for a period of five years from the date of issue of the Independent Certifier's Certificate that it is satisfied that the SMF and OSMS has been installed in accordance with the approval. Performance of SMF / OSMS 11. The SMF/OSMS must produce no more than 2800 l of effluent per day. 12. The SMF / OSMS must meet the water quality limits as set out below: a) Recycled Water for Toilet Flushing – Table 1 b) Treated Effluent for land irrigation – Table 2 Table 1 - Recycled Water Quality - High Risk Parameter Limit Type Limit Turbidity (NTU) 95th Percentile <2 Maximum <5 E.coli (cfu/100mL) 50th percentile <1 5 consecutive samples BOD5 (mg/L) Maximum <10 Suspended Solids (mg/L) Maximum <10 pH Range 6.5-8.5 Chlorine (mg/L) Range 0.2-2.0 Coliphages (pfu/100mL) 50th percentile <1 5 consecutive samples Clostridia (cfu/100mL) 50th percentile <1 5 consecutive samples Table 2 Irrigation Water Quality - Medium Risk (reduced buffer irrigation) Parameter Limit Type Limit E.coli (cfu/100mL) Median (5 consecutive samples) <10 BOD 5(mg/L) Maximum <20 Suspended Solids (mg/L) Maximum <30 Turbidity (NTU) Maximum <5 pH Range 6.5-8.5 Chlorine (mg/L) Range 0.2-2.0 Total Nitrogen (mg/L) Maximum <40 Total Phosphorus Maximum <15 (mg/L) PRIOR TO OPERATING THE RECYCLED WATER SYSTEM Certification of Dual Reticulated Water Supply Installation 13. Prior to operating the SMF / OSMS, or any component of it, the applicant shall provide to Council certification from a licensed plumber that a dual reticulated water supply has been installed in accordance with AS/NZS 3500.1:2003 and is clearly marked to ensure no cross connection can occur with the potable water supply. 14. A licensed Plumber must inspect the water reticulation system and recycled water reticulation system and provide a certificate to council that there are no cross connections in the installations. 15. Prior to operating the plant undertake a 12 week plant commissioning, validation and verification plan to demonstrate the performance of the plant and its compliance with the required water quality standards prior to the plant going on maintenance. Commissioning, validation and verification testing of the plant is to be independently certified by the Independent Certifier. All treated effluent produced during commissioning is to be removed by regulated liquid waste tanker monthly in accordance with the Approval to Install. OPERATION OF THE OSMS AND AT ALL TIMES 16. All conditions of approval to install 70.2009.1032.1 must be complied with. 17. The updated Site Based Management Plan and its attached management plans, Piping & Instrumentation Diagram and control system function specification and any systems operation and maintenance manuals approved by the Independent Certifier must be complied with. SMF / OSMS Management 18. The proposed on-site sewage management system is not to treat any raw sewage volumes beyond its design capacity of 2651 litres per day with a peak flow of 2800L/day. 19. An ABB Kent or similar manufacturer calibrated Magflow meter, shall be maintained in continuous operating condition at no cost to Council. The meter shall not be serviced, altered or disconnected unless prior notice has been given to Council of such activity. Note: Tampering with a meter is an Offence under the Local Government Act – 1993 20. If the effluent meets irrigation standards but not toilet flushing standards then all effluent must be directed to the irrigation storage facilities. 21. Not more than 2800 litres / day of effluent are to be processed by the SMF/ OSMS. If this volume is exceeded the operator and supermarket management must take remedial action to reduce the peak daily volume of raw sewage generated by the supermarket. 22. Average daily amount of treated effluent calculated over a rolling 90 day period that can be disposed of by way of irrigation is 1400 litres. Daily irrigation rate is to be demand based and determined on the basis of soil moisture levels. 23. Surplus effluent that cannot be irrigated is to be stored on site until prevailing water quality/weather/soil conditions allow it to be applied to the land. Sub-surface Irrigation (SSI) 24. Irrigation of treated waste water onto the land must not commence until the SMF / OSMS has been commissioned and is operating in accordance with approval to install 70.2009.1032.1 and the revised/updated Site Based Management Plan (SBMP) referred to in condition 1(c) of that approval. 25. The operation of the sub-surface irrigation on the land is conditional on the following: a) Irrigated wastewater must meet the minimum standards required by the approval (Table 2). b) The irrigation area is to be maintained with greater than 90% vegetative cover. c) The vegetative cover is to be a mixture of grass and suitable native trees consistent with the landscaping shown on the approved drawings. d) Minimise the risk of nitrogen and phosphorus accessions to the local groundwater table. e) Mow the grass at least once per month and all grass clippings are to be removed off site f) No fertiliser is to be applied to the site g) The irrigation is to be operated in such a manner as to prevent discharge into any watercourse or onto any land other than its related effluent application area. h) Routine servicing of all sub-surface irrigation infrastructure including but not limited to: pumps, pump-wells, filters, scour valves, control units, vacuum break, alarms, and soil moisture sensors to be maintained to ensure safe and reliable operating conditions. i) Irrigation pipe work and drippers are to be regularly flushed with suitable reagents to remove biofilms that accumulate and prevent biofilm rendering the pipe work and drippers ineffective. j) Routine servicing of the OSMS filters in accordance with the Plant Operation and Maintenance Manual. k) Copies of all service reports to be forwarded to Council as part of the annual report, required pursuant to condition 51 of this approval. Service reports are to otherwise be kept on site and made available for Council on request. l) No surface ponding of effluent is to occur. m) Soil moisture, rainfall and groundwater level is to be monitored and automatically logged/recorded continuously. n) Irrigation is to cease: a. If there is a 5 mm soil moisture deficit measured by a soil moisture reading calibrated to measure this deficit at a reading of 70% on the sensor meter. b. If 15mm or more of rain falls on the site in the prior 24 hours. This is to be tested and confirmed during the first 12 months operation and may be adjusted on the recommendation of the independent system auditor and/or c. Groundwater is detected within 700mm of the ground level . Wastewater Reuse for Toilet Flushing 26. Reuse of wastewaters must not be commenced until such time as a safe and reliable standard of wastewater treatment has been demonstrated to comply with DWE2008 and that the treatment processes are reliably achieving the water quality standards prescribed by the approvals to install and operate. 27. The recycled water quality must be maintained in accordance with Table 1 of this approval. 28. Recycled waste water is to be used to flush toilets including water closets and urinals. If the recycled water fails to meet the requirements of Table 1 then the toilet, water closet and urinal cisterns are to be provided with town mains potable water. 29. The recycled water provided for toilet flushing is to be monitored continuously for turbidity and chlorine residual. If at any time the recycled water fails to meet the turbidity and or chlorine concentrations shown in table 1, then the recycled water supply is to automatically cease, the recycled water supply system is to alarm and lock out the supply pumps and the cisterns are to fill automatically from town mains potable water supply. 30. Reuse of treated effluent for toilet flushing or any other purpose shall cease immediately a 'failure' to meet the required standard occurs or when any system failure occurs which is likely to adversely affect the water quality. Cessation of Operation of the SMF / OSMS 31. The SMF / OSMS must cease to operate if there is a failure which is likely to produce an unacceptable risk to persons or the environment. 32. Reuse for toilet flushing must cease immediately upon a failure to meet the required water quality standard documented in Table 1 of this approval. 33. Land Disposal of effluent is to cease immediately upon failure to meet the water quality standard documented in Table 2 of this approval. 34. If the measured raw sewage flow over any month exceeds 2651L/day averaged over a month, the operator shall take all necessary steps to reduce the flows to the specified limit of 2651L/day with a peak of 5%. 35. If the measured raw sewage flow over any three consecutive months exceeds 2651L/day averaged over a month, then no more sewage is to enter the system. 36. If, at any time after the commissioning period imposed by the approval to install and the commencement of this approval, the toilet flushing system is not operational (because it fails to meet the water quality requirements described in the approved SBMP) for more than 10% of the time within any three month period, then no effluent is to pass through the toilet flushing system until the recycled water complies with Table 1 for a period of 14 days. 37. No more effluent is to be used for toilet flushing or irrigation if there is a failure of the OSMS to meet the water quality limits stipulated in Table 1 and Table 2 for more than 3 x monthly monitoring periods in any 12 month period, until the system failure is rectified and demonstrates compliance with Table 1 and Table 2 for both types of water for an uninterrupted period of 28 consecutive days, the testing frequency during the proving period will be at least 3 samples per week of recycled water and irrigation water. 38. In the event of OSMS process breakdown or other occurrences resulting in an effluent quality that does not meet the maximum limits the effluent shall be pumped and/or removed by an appropriate tanker for lawful disposal off the site, and if the breakdown continues beyond five days or if appropriate tankers are not available or become unavailable, then no more sewage is to enter the system until the OSMS / SMF is operating in accordance with these conditions. General Performance Standards 39. At all times the SMF / OSMS must be operated in a manner that achieves the following performance standards: a. the prevention of the spread of disease by micro-organisms, b. the prevention of the spread of foul odours, c. the prevention of contamination of water, d. the prevention of degradation of soil and vegetation, e. the discouragement of insects and vermin, f. ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned, g. the minimisation of any adverse impacts on the amenity of the premises and surrounding lands, h. if appropriate, provision for the re-use of resources (including nutrients, organic matter and water); i. so as to allow the removal of any treated sewage (and any by-product of any sewage) in a safe and sanitary manner. 40. Failure to comply with condition 39 is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person operating the system of sewage management (such as a fire, flood, storm, earthquake, explosion, accident, epidemic, system sabotage or warlike action) and the SMF / OSMS was being operated at the time of the failure in accordance with the conditions of approval to install 70.2009.1032.1 and the conditions of this approval. 41. The SMF / OSMS must be maintained in a sanitary condition and must be operated in accordance with the relevant requirements of Local Government (General) Regulation 2005. 42. The SMF / OSMS must not discharge into any watercourse or onto any land other than its related effluent application area. Production of Information and Documents 43. The person operating the system of sewage management must provide details of the way in which it is operated, and evidence of compliance with the relevant requirements of the Local Government (General) Regulation 2005 and of the conditions of the approval 70.2009.1032.1 and of this approval, whenever the council reasonably requires the person to do so. 44. Copies of all service reports must be forwarded to Council as part of the annual report, required to be prepared in accordance with condition 46 of this approval. Service reports are otherwise to be retained on site and made available for inspection by Council on request. 45. Copies of all service reports and all Annual Management Reports must be produced to any authorised Council officer, or any authorised officer from a relevant agency, within a reasonable time upon request. Annual Management Report 46. An annual environment management report to be prepared by an independent auditor and submitted to Council addressing: a. Details of operation, management failure etc; b. General operation c. Operation of irrigation field; d. Operation of the recycled water system e. Recycled water quality f. Irrigated Effluent water quality; g. soil quality; h. groundwater quality; i. stormwater quality j. volumes of recycled effluent used for toilet flushing k. Volumes and frequency of sludge pump out and disposal; l. Volumes and frequency of Effluent pump outs and disposal m. Daily Rainfall and is to include a copy of the daily log book, service reports and NATA laboratory test certificates. Access by Council Officers 47. Access must be permitted to any authorised Council officers during normal business hours for the purpose of ensuring compliance with these conditions of Approval. Access by Others 48. Preclude access to any confined spaces otherwise than by trained and licensed employees or contractors and notices shall be erected to the reasonable satisfaction of the Council. Inspections 49. At least a one monthly service and a weekly inspection is to be carried out by a qualified service contractor operator of the OSMS and irrigation systems. Monitoring 50. All monitoring must be undertaken in accordance with the approved SBMP. 51. Water Quality Monitoring must not be less than shown in Table 3. Table 3 - OSMS Monitoring Parameters Raw Sewage Recycled Irrigation Water Groundwater Storm Water water Sampling Location Raw Sewage Pumpwell Toilet Flushing water Supply Tank (Irrigation Water Tank NoA3 From 3 different Locations as specified at a depth of 5m below Ground Level Stormwater Drain adjacent the OSMS plant Sample type 24 hour composite Grab Grab Grab Grab pH Monthly Continuously Continuously Quarterly for first 12 months then six monthly Quarterly Conductivity uS/cm Monthly Continuously Continuously Quarterly for first 12 months then six monthly Quarterly Suspended Solids mg/L Monthly Monthly Monthly Quarterly for first 12 months then six monthly Quarterly Turbidity NTU Nil Continuously Continuously Quarterly for first 12 months then six monthly Quarterly BOD5 mg/L Monthly Monthly Monthly Quarterly for first 12 months then six monthly Quarterly Ammonia-N mg/L Monthly Monthly Quarterly for first 12 months then six monthly Quarterly Nitrates – N Nil Nil Monthly Quarterly for first 12 months then six monthly Quarterly mg/L Total Nitrogen – N mg/L Monthly Monthly Monthly Quarterly for first 12 months then six monthly Quarterly Total Phosphorus – P mg/L Monthly Monthly Monthly Quarterly for first 12 months then six monthly Quarterly Free Chlorine mg/L Nil Continuously Continuously Nil Nil E.Coli cfu/100mL Nil Weekly Monthly Quarterly for first 12 months then six monthly Quarterly Coliphages (pfu/100mL) Nil Monthly Nil Nil Nil Clostridia (cfu/100mL) Nil Monthly Nil Nil Nil 52. With regard to groundwater monitoring: a) Monitoring Bores are to be constructed in accordance with the "Minimum Construction Requirements for Water Bores in Australia" Edition 2 September 2003. b) Sampling requires at least 2 well volumes to be purged from each bore or until pH & electrical conductivity become stable. c) A suitably qualified professional approved by Council is to be used to assess the results and produce the annual "Monitoring Assessment Report". This report must be provided to Council as part of the Annual report required by this approval. 53. Soil Quality Monitoring must consist of at least one soil sampling point per irrigation area. Soils are to be sampled at depths 0-200 and 200-400 and 400-1000 mm at scheme commencement. Thereafter samples are to be taken on a 3-monthly basis for the first 2 years, a 6-monthly basis for the next 2 years, thereafter annual soil monitoring. At each sampling site in areas where the effluent is being applied, testing is to be undertaken for the following parameters: pH electrical conductivity EC exchangeable cations Na, Ca, Mg, K, Al, exchangeable sodium percentage ESP cation exchange capacity CEC phosphorous sorption capacity kg/ha Soil texture Sandy loam, clay etc Management Action Trigger Values 54. Implement management, contingency and emergency management plans in accordance with the approved site based management plan if water or soil quality parameters in any sample exceed the following trigger values: a. Soil quality being described as other than "nil or Slight Limitations" or "moderate limitations" pursuant to DEC 2004 b. Groundwater quality – 10% change from established back ground values prior to commencement of operations c. Stormwater quality – 20% change in tail water quality from established back ground values prior to commencement of operations d. Raw sewage – 30% change from design limits stated in the SBMP e. Recycled Treated Effluent – Water quality limits in Table 1 of this approval. f. Irrigation Effluent Water – water quality limits in Table 2 of this approval. Noise Emissions and Amenity 55. The SMF / OSMS noise emission levels are to comply with the provisions of the Protection of the Environment Operations Act at all times. 56. The SMF / OSMS must not be operated in such a manner as would unreasonably interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise. 57. If surface ponding of effluent occurs within the irrigation areas, the application of effluent to the areas affected shall be discontinued and appropriate steps shall be undertaken to rectify the situation as soon as possible. 58. A reduced buffer distance between the irrigation area wetted perimeter and the property boundary is to be maintained at a minimum distance of 1 metre. Odour Control 59. Detailed assessment of the odour impact of the OSMS is to be undertaken by a suitably qualified odour expert approved by Council, such approval not be unreasonably withheld, immediately upon commissioning of the system. The assessment shall provide for monitoring for the first 12 months during which time monitoring during pump-out must occur on at least 50% of the pump-out occasions, and thereafter as recommended by the odour expert. 60. Pump-out of the SMF / OSMS is to be undertaken in a manner that maintains an airtight seal within the storage tank. The vacuuming is to be facilitated through a cam lock type (or other device as specified in this approval) fitting to the storage tank. Storage tanks are to be fitted with floor benching that allows all sludges to flow under gravity to the vacuum suction pipe in the tank. 61. Odour shall be controlled through the use of vent pipes on each of the above-noted tanks and chambers. That is, a one hundred [100] millimetres vent pipe shall be fitted to the 4,000 litre Grease Interceptor Trap, the Sewerage Pump Out Chamber, Primary Tanks One [1] and Two [2], the Clarifier, the Effluent Transfer Pump Station and each of the four [4] x 20,000 litre holding tanks. 62. Each vent pipe shall discharge to the atmosphere a minimum three hundred [300] millimetres above the supermarket roof level in accordance with Australian Standard, AS/NZS 3500. Who May Operate the SMF / OSMS 63. The operator (nominee) of the SMF/OSMS is to hold a Certificate III Water Operations in accordance with National Water Industry Qualifications NWP07, including competencies for the treatment process units contained within the SMF/OSMS. Documents to be Kept On-site 64. The applicant shall keep on site at all times all necessary documents relating to the operation and maintenance of the SMF / OSMS. The minimum documentation required to be kept on site include: a. Approved Site Based Management Plan; b. approved plans, and the approved 'as constructed' works-as-executed' (WAE) plans; c. approved operation and maintenance manuals; d. services manuals; e. safe work method statements for all aspects of operation of the SMF, including but not limited to identified confined spaces, safe work method statements relating thereto and appropriate signage; f. daily logs; g. 3-months worth of all monitoring and operations data; h. emergency management procedures. 65. Monitoring of the SMF / OSMS is to demonstrate compliance with conditions of approval to install 70.2009.1032.1 and this approval as well as compliance with the requirements of the NSW Guidelines for Management of Private Recycled Water Schemes. Limits on Pump Out Permitted 66. Sludge, scum and accumulated debris in tanks is to be pumped out on demand and at the request of the contracted operator of the OSMS. 67. Ensure that all pump out wastewater, biosolids/sludge from the OSMS are removed from the land to an approved offsite disposal area and there is no disposal, mixing or reuse of the wastewater, biosolids/sludge in any form on the subject land, 68. During the operation of the SMF / OSMS the following limitations on pump out of effluent apply: a. A pump out event is only permitted once effluent irrigation tanks reach 100,000 litres and then must occur within 2 days of that limit being attained. b. The amount of treated effluent to be removed in a pump out event is not to exceed 40000 litres. c. Pump-out must occur between the hours of 7am and 8am Monday to Friday. d. Up to 160,000 litres may be pumped out in calendar years that are wetter than 1750mm. e. Up to 40,000 litres may be pumped out in years when the average rainfall in the calendar year is less than 1750 mm/year f. Notwithstanding a-e above, an additional 40,000 litres may be pumped out per calendar year to accommodate for emergency servicing. The date and reasons for the emergency servicing must be provided to Council within two weeks of the pump out occurring, and recorded in the annual report. h. Pump-out is to occur in accordance with the approved operations and management plan. i. All costs associated with the pump-out operation and disposal at the sewage treatment plant are to be borne by the applicant. j. Notwithstanding (a)-(i) above, there shall be no limit on pump out in the event of sabotage. Duty to Notify Pollution Event 69. Any failure of the OSMS likely to cause a risk to public health or the natural environment shall be reported to Byron Shire Council within 48 hours of the failure occurring. Note: Strict penalties apply for failure to notify pollution events. Terms of Approval to Operate a Commercial On-site Sewage Management System 70. This approval is valid for a period of five years from the date of issue of the Independent Certifier's Certificate that the facility has been installed, constructed or altered in substantial accordance with the approval. Decommissioning and Connection to Council Sewerage 71. Within 6 months of Council giving notice to the property owner to connect to the sewer the on-site sewerage management system is to be decommissioned / removed and the premises is to be connected to the Council sewer system. This condition does not prevent the Applicant applying to connect to the reticulated sewer system at any time. The application is to be accompanied by a decommissioning plan, detailing how the OSMS is to be shut down, pumped out and removed and/or made safe. REASONS These conditions have been imposed to ensure the effective operation of the sewage management facility for the protection of public health and the environment surrounding the installation site. These conditions have been imposed to ensure compliance with the Local Government Act 1993 and Local Government (General) Regulation 2005. These conditions are to ensure that safe and health wastewater reuse conditions satisfy the Interim NSW Guidelines for Management of Private Recycled Water Schemes 2008 These conditions have been imposed to ensure compliance with the Occupational Health and Safety Act 2000 These conditions have been imposed to ensure the compliance with the Protection of the Environment Operations Act 1997. _______________________ R Hussey Commissioner of the Court ljr 09/02/2010 - tracked changes in document forwarded to the Court that have not been accepted. - Paragraph(s) Annexure A para (A)para 4(g)para 4(j)Annexure Bpara 7(g)para 7(i) - (jk)para 10para 70 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.