Date of offence
Between 07 May 2009 and 07 May 2009
Type of offence
Cause an environmental hazard at Warrandyte South on 07.05.11, contrary to s.27A(1)(c).
Background of offence

On May 7, 2009 approximately 115,000 litres of sewerage were discharged from Yarra Valley Water Limited's sewerage pumping station into the creek at Warrandyte South. Raw sewerage consumes large amounts of oxygen and was therefore potentially fatal to aquatic life in the creek. The pumping station was not manned, had a 200,000 litre emergency storage limit and operated automatically to pump out sewerage when the level reaches a predetermined set point. The sewerage then overflowed into the creek if the capacity of the storage limit was exceeded. The station had a backup generator in case of mains failure and a number of alarms that were monitored remotely. On the day of the incident, both pumps and the emergency generator failed, causing the emergency storage to fill and then overflow into the creek.

Remedial action taken by EPA
The clean up of the waterway was undertaken by Bilfinger Berger Services Pty Ltd on behalf of Yarra Valley Water Limited.
Date of court hearing
9 March 2011
Date of court order
9 March 2011
Court magistrate
M. Sargent
Court location
Ringwood

Court orders made

Without conviction, ordered pursuant to s.67AC:

  1. To carry out the project specified below for the restoration or enhancement of the environment in a public place or for the public benefit by paying $50,000 to the Darebin Creek Management Committee Inc. by the date specified below.
  2. The payment must be used solely for the purpose of carrying out the following project:
    Area:Darebin Creek catchment.
    Summary: To partly fund the environmental education program delivered by the Darebin Creek Management Committee Inc. to 65 schools within the catchment. The program teaches students (and through them their parents) about protecting the Creek, including minimising the contamination of stormwater. Part of the money will go towards weather-proofing the Creek Experience Centre, so that the program can run during the whole school year.
    Oversight: The project will be overseen by the Darebin Creek Management Committee Inc.
    Payment:  The $50,000 is payable to Darebin Creek Management Committee Inc., PO Box 5093, Alphington 3078.
    Due date:  The payment is due on 8 April 2011.
  3. Within 14 days of making the payment, the Defendant must provide the Informant with proof thereof.
  4. The Defendant is prohibited from referring to the payment or the project without referring to these proceedings.
  5. Pursuant to section 67AC(2)(a) of the Act, the Defendant is ordered to publicise the offence, its consequences and the penalty and orders imposed by this Court by publishing a notice about these proceedings.
  6. The notice must contain the Defendant’s corporate logo and be:
    • in the wording specified in paragraph 9 below and not supplemented by additional text;
    • of a minimum size of 12cm by 3 columns;
    • published within 60 days of the date of this Order in the Editorial section or the front part of the Early General News section of:
    • published within 60 days of the date of this Order in the Editorial section or the front part of the Early General News section of:
      • The Herald Sun
      • The Age
      • The Melbourne Weekly Eastern, and
      • The Manningham Leader.
  7. The Defendant must provide the Informant with a copy of each notice within 14 days of its publication.

[The wording of the notice was specified.]

Within 14 days of this Order, the Defendant must display the above notice under the heading, “In Your Community”, which is the tab included on the Home page of  http://www.yvw.com.au/Home the website and maintain the notice there for 60 continuous days.

Costs: $13,997.76

Reviewed 13 March 2020