BREAKING: A clean-up order has been issued to ESI Projects Pty Ltd, demanding immediate action to remove a hazardous contaminated soil mound located at 576 Frankston Dandenong Road in Bangholme. The Victorian Civil and Administrative Tribunal (VCAT) ruled that the contaminated soil, which includes asbestos fragments, must be cleared by December 29, 2023. This urgent development follows rising concerns from nearby residents, particularly those living at the Willow Lodge retirement village, just 400 meters away.
ESI Projects has been ordered to remediate the site after VCAT confirmed the contamination falls under Category B—the second-highest level of hazardousness. The clean-up is expected to cost between $4-6 million. The tribunal’s decision comes after ESI sought a review of an Environment Protection Authority (EPA) notice, which mandated a clean-up by February 28, arguing that it was not responsible for the contamination.
The clean-up order arises amidst fears for public safety, as the contaminated stockpile is positioned behind a flower farm. VCAT officials highlighted that ESI’s site was unauthorized to accept this type of hazardous waste, emphasizing the importance of minimizing risks to the community. VCAT senior members, SM Dhojan and Ian Potts, stated, “Nothing submitted by ESI persuades us that the action of the EPA should be set aside.”
ESI’s operations have faced scrutiny after they accepted soil from various sources, including a soil recycler in Dandenong South and multiple construction projects. The company relied on test results that falsely indicated the soil was ‘clean fill.’ ESI contended they had no knowledge of the contaminated material being imported and claimed they had adhered to all necessary protocols.
The tribunal’s ruling comes at a critical time for ESI, which reported an operating loss of $382,000 for the ten months leading up to April 30. ESI expressed concerns that complying with the clean-up order could push them towards insolvency. However, VCAT has left open the possibility for ESI to seek costs from those deemed responsible for the contamination in future proceedings.
Residents in the area are anxiously watching developments, as the health implications of the contaminated mound raise serious concerns. The VCAT ruling underscores the urgent need for environmental accountability and protection for vulnerable communities.
As this situation develops, residents and stakeholders are urged to stay informed and involved in discussions surrounding the clean-up efforts and future environmental safeguards. Further updates will be provided as more information becomes available.
