A summary of the submission includes:
- The EPA will revoke the Recovered Fines (batch) and (continuous) RROEs in July 2022. While the batch RROE is to be replaced along with Recovered Soil RROE, the knock-on effect will result in large volumes of C&D recyclate going to landfill while the industry adjusts, which may require planning permission etc. ASBG calls on the Government to reassess the infrastructure needs resulting from this likely 1 MT the first year impact on limited inter landfill space if the transition is undertaken poorly.
- The RROs include s3.3 where a processor is in breach of the RRO, even if all testing undertaken so nil asbestos, but asbestos is found later. ASBG raises the issue of third parties liabilities under RROEs as most fill using RROEs is supplied under third party contracts, rather than directly with the processor. Often transporters are contracted by consumers to make the arrangements for fill, but some are unaware of the liabilities involved. ASBG recommends the EPA in issuing Clean Up Notices, better recognise the role of third parties in asbestos contamination of fill and also provide better guidance on this issue as well as providing guidance on evidence collecting on criminal behaviour under waste laws.
- Asbestos waste, being based on its presence causes perverse outcomes which continues under the draft RROEs. In addition, the EPA’s ad hoc variations to asbestos measurement lack scientific rigor and may not stand up in court. For example, it specifically requires the reporting of a positive asbestos finding when a detection occurs below the limit of detection. There are many changes which are not supported by experts and peer reviewed. So EPA if it wants to use these ad hoc changes should undertake a similar process the US EPA does, then apply for NATA certification on the changed method.
