The ACT Government has flagged an independent review into the proximity of toxic chemical stores to residential areas in the wake of last week's Mitchell fire, as the owners of the razed factory face possible fines for breaching registration regulations.
Subscribe now for unlimited access.
or signup to continue reading
It has been revealed that the owners of Energy Services Invironmental had not registered their new premises with authorities before the fire ignited late on Thursday night.
About 600,000 litres of oil and 205 litres of sodium was burnt during the 20-hour blaze in Dacre Street and WorkSafe commissioner Mark McCabe said yesterday that the incident had led to an audit of procedures.
''It hasn't been practice in the past in WorkCover, right up to this date, to follow-up on registrations once they have expired,'' Mr McCabe said.
''However it will be covered as part of our investigation for us to consider.''
The blaze was already the subject of three investigations but in a statement to the Legislative Assembly yesterday, Planning and Emergency Services Minister Simon Corbell raised more concerns about planning policies and regulations.
Energy Services Invironmental is authorised by the ACT Environment Protection Authority to treat polychlorinated biphenyl (known as PCB) waste, using a sodium-based dechlorination technology.
Mr Corbell said there were fears the smoke plume from the fire was potentially toxic. ''To that end I have instructed the director-general of the Environment and Sustainable Development Directorate to commission an independent and expert review,'' Mr Corbell said.
The terms of reference for the review will be announced later and the ACT Liberals and Greens have welcomed the investigation.
But Mr Corbell said Energy Services Invironmental had failed to update its registration under the Dangerous Substances Act and the Dangerous Substances (General) Regulations 2004 and could face fines of up to $15,000 for each breach.
He did not suggest that company had been storing the chemicals unsafely.
The Environment Protection Authority's most recent review of the site covered the period from April 4, 2010, to April 3, 2011. It was completed in May 2011.
''This review conducted determined that ESI was operating in accordance with the requirements of their authorisation,'' Mr Corbell said.
''However, the EPA did request ESI to update its Hazop Plan, the water management plan and the waste management plan.
''The EPA has been working with ESI to assist them in meeting this request.''
But ACT Laws require premises that carry dangerous substances to register with WorkSafe.
Mr Corbell said there had been five incidents in which WorkSafe ACT (and its predecessor WorkCover) had been involved with ESI since 2005.
These included a fire and explosion in 2005 and 2006 respectively and a chemical spill in 2009.
Mr Corbell said ESI had been made aware of its obligation to revise the registration should circumstances such as a change in location occur.
''WorkCover had been made aware by ESI's architects that the company was planning to relocate its premises. WorkCover reminded the architects of the advice to ESI that the substances held at any new premises would need to be notified as a new registration,'' he said.
''No subsequent registration was received and no follow-up was conducted by WorkCover.''
Energy Services Invironmental is the only hazardous chemical processing facility of its type in the ACT.