Can't believe DERM's form for scolding CXY in the press for...

Can't believe DERM's form for scolding CXY in the press for acting out of the guidelines in not reporting the test result, yet they feel it reasonable to wait 2 weeks after the contact from CXY then drop an email in the middle of the night telling them to turn the plant off. Then the next day drop them a copy of their statement to the media advising the same.

Now in that statement DERM said "This follows advice received by the department on 13 July from Cougar Energy that water quality tests taken on 29 June detected benzene and toluene in groundwater monitoring bores close to the plant.

The above statement from DERM is a complete contradiction with a statement by Len Walker today:

In the period that elapsed between the date "the company submitted it's test results to DERM on 30th June."

So what has happened here, CXY submitted it's results on 30th June, and DERM didn't review the result for 2 weeks after receiving. It is DERM in the wrong here, yet CXY was scolded by every man and his dog including the press for being slow to contact DERM. This is probably why someone got sacked.

Now, CXY will be suspended for possibly a month or more as they need to carry out an environmental evaluation and submit to DERM. DERM then have 20 business days to accept or reject the evaluation from CXY (although this time can be extended by DERM). If DERM accept CXY's environmental evaluation they can do 1 or more of the following:

(a) require the recipient to prepare and submit a transitional
environmental program to it;
(b) if the recipient is the holder of an environmental
authority (which cougar has)?amend the conditions of the authority;
(c) if the recipient is a registered operator for a development
approval?under section 73C, add, change or cancel a
development condition of the development approval;
(d) serve an environmental protection order on the
recipient;

(e) take any other action it considers appropriate.

In relation to point (d) Environmental Protection Orders: An Environmental Protection Order can be issued when an individual's actions cause or threaten unlawful environmental harm and can require that person to either take certain action or refrain from their current unlawful activities.

Other actions possible by DERM:
(3) If the administering authority is satisfied the report does not
adequately address the relevant matters for the environmental
evaluation to which the report relates, it may require the
recipient to conduct or commission another environmental
evaluation and submit a report on the evaluation to it.
(4) If the administering authority is satisfied additional relevant
information is required, it may require the recipient to give it
the information.

This is going to take long enough as is, but if a transitional environmental program is requested by DERM, we could be looking at a lengthy shutdown here, up to 6 months. All this because of reading in an unpotable water bore with less chemical than a can of coke.

Now keep in mind, CXY, LNC AND CNX need to do all this! DERM require the reports by these 3 in 4 weeks time as of 15 of July so 15 August. You definately couldn't call this 'wilful OR serious damage to the environment' so a fine here should be highly unlikely for CXY. I also see it as completely unreasonable for CXY to supplying the town with water when their own water supplies have not been affected whatsoever. They get their drinking water elsewhere and the cattle certainly don't drink water from cougar's monitoring bore.

Meanwhile all we can do is stand back and watch from behind all this gigantic red tape.

For more info on the requirements see:
http://www.legislation.qld.gov.au/legisltn/current/e/envprota94.pdf