Guidelines for Erosion and Sediment Control Building Site - Ballina Shire Council

GUIDELINES FOR

EROSION

AND

SEDIMENT

CONTROL ON

BUILDING SITES

Protect Our Waterways

Love it or Lose it

CONTENTS INTRODUCTION

4

THE LAW AND YOU

5

PLANS

7

SUGGESTED EROSION AND SEDIMENT CONTROLS FOR A ‘TYPICAL’ DEVELOPMENT SITE

10

FACT SHEETS

This booklet has been prepared to provide information relevant at the time of publishing. It is not a regulatory document. If

1. Site Planning

11

2. Stabilised Entry/Exit Point

12

3. Sediment Fencing

14

4. Straw Bale Filter

16

5. Diversion of Up-Slope Water

18

6. Stockpiles and Storage of Materials

19

7. Grass Filter Strips

20

8. Litter and Building Waste

22

9. Service Trenches

29

10. Early Roof Downpipe Connection

30

MAINTENANCE OF CONTROL MEASURES 31 SITE CLEAN-UP AND REHABILITATION

32

IMPORTANT NUMBERS

34

you need more information regarding legal obligations review the legislation, contact the Environment Protection Authority (EPA), your local Council or seek legal advice from a qualified professional.

Guidelines for Erosion and Sediment Control on Building Sites | 3

INTRODUCTION THIS HANDBOOK PROVIDES A PRACTICAL GUIDE TO BEST PRACTICE TO REDUCE STORMWATER POLLUTION FROM BUILDING SITES. THESE GUIDELINES WILL HELP YOU TO COMPLY WITH YOUR STATUTORY ENVIRONMENTAL OBLIGATIONS. THIS DOCUMENT DOES NOT OVERRIDE ADVICE ISSUED TO YOU BY YOUR LOCAL COUNCIL STAFF. Construction disturbs soil and creates dust and debris. Run-off from a building site travels down the gutters and drains to creeks and canals and eventually ends up in our rivers, lakes or ocean.

POLLUTING STORMWATER IS AN OFFENCE THAT CAN RESULT IN ON-THE-SPOT FINES OR LEGAL PROCEEDINGS. Although implementing erosion and sediment control on a single block of land may seem insignificant, think of all the building sites in our area.

Studies by the NSW EPA show that one building site can lose up to four truckloads of soil in a single storm.

The soil and other material coming off these sites can impact on the water quality in our local rivers and creeks. It can affect aquatic flora and fauna and their habitat, lead

4 | Guidelines for Erosion and Sediment Control on Building Sites

to fish kills and algal blooms. It can also block stormwater drains, cause waterways to silt up and increase the risk of flooding.

IT IS IMPORTANT TO KEEP THE SOIL ON THE SITE. Everyone on site is responsible.

Preventing site erosion: saves money for you and your client protects you from prosecution improves wet weather working conditions, reduced downtime and earlier building completion fewer public complaints and a better public image for your business reduced stockpile losses and associated clean-up costs a healthier and safer environment for the local community Be sure all your employees and contractors understand their responsibilities, what they need to do and make sure they do it.

THE LAW AND YOU THE PROTECTION OF THE ENVIRONMENT (OPERATIONS) ACT (POEO) CAME INTO EFFECT IN 1999, REPLACING A NUMBER OF PREVIOUS PIECES OF LEGISLATION DEALING WITH ALL TYPES OF POLLUTION. The POEO focuses on environmental management, and gives local councils the power to require and enforce suitable erosion and sediment controls on building and development sites.

It also applies to the disposal and reuse of waste material. NSW resource recovery orders and exemptions allow some wastes to be beneficially and safely re-used independent of the usual NSW laws.

Offences against these laws can lead to penalty infringement notices in excess of $8000 or prosecution.

On top of this fine you may also be charged an additional administration fee if other notices are issued.

You and others in your business should be aware of these laws, penalties and take all reasonable and practical steps not to harm the environment.

Councils have the authority and responsibility to monitor construction sites and issue notices or elect to prosecute where an offence has occurred.

All site owners, managers and operators should ensure they know about the environmental laws that apply. These laws relate to environmental management across the site, and other issues relating to building and development.

Builders (including owner-builders), contractors, trades, landscapers and delivery personnel are directly responsible for preventing sediment and other material from leaving a building site. Accidental or unintentional pollution is not a defence.

Guidelines for Erosion and Sediment Control on Building Sites | 5

THE LAW AND YOU

THE LAW DOES NOT RECOGNISE: Whether or not the site is difficult Problems that might be encountered in implementing the erosion and sediment control plan Whether or not you are familiar with good soil and water standards.

Local councils may issue the following notices: • Clean up notices • Prevention notices • Penalty infringement notices • Compliance cost notices • Noise control notices • Noise abatement notices

Note that workers who become aware of significant environmental harm in association with their work, e.g. a major loss of sediment from their site, have a legal duty under the POEO Act to notify their employer. If the employer cannot be contacted, the person must notify Council or the EPA.

WARNING $8000 OR MORE ON-THE-SPOT FINE It is illegal to allow soil, cement slurry or other materials to enter the stormwater system.

Protect Our Waterways

6 | Guidelines for Erosion and Sediment Control on Building Sites

PLANS EROSION AND SEDIMENT CONTROL PLANS (ESCP) OR SOIL AND WATER MANAGEMENT PLANS (SWMP) ARE THE KEY TO MANAGING EROSION AND SEDIMENT ON CONSTRUCTION SITES AND SUBDIVISION.

developed area. Again, each site will require its own plan that considers the topography, soil types, surrounding landuse and the way in which stormwater is to be treated.

These plans should be modified

These plans are submitted to council at the Development Application (DA) stage. It is the size of works that dictates which of the two kinds of plans will be used. Both plans are principal management tools used during works.

EROSION AND SEDIMENT CONTROL PLANS (ESCP) ESCPs identify the erosion and sediment control for relatively small sites between 250 and 2,500 square metres in size. These plans should be individually prepared in consideration of the site conditions and the practicality of measures identified to keep the soil on the site. A standard plan will not fit all sites. Steep sites will require extra controls.

SOIL AND WATER MANAGEMENT PLANS (SWMP) SWMPs identify soil and erosion controls (including whether a sediment retention basin is required) for “green field” or “urban renewal or infill” developments in excess of 2,500 square metres of actual

as circumstances change during construction. Councils may require extra erosion and sediment control measures in addition to those measures specified in the plan.

Regardless of your previous planning, if soil or dirty water is leaving the site, it is your responsibility to stop this happening.

Other contractors, such as landscapers, should check any relevant SWMPs or ESCPs and make sure they comply with any DA conditions.

For more details please refer to section three “Plan Preparation” in the publication “Managing Urban Stormwater – Soil and Construction” (3rd Edition 1998) - commonly known as the “Blue Book” www.environment.nsw.gov.au/ stormwater/publications.htm

Guidelines for Erosion and Sediment Control on Building Sites | 7

8 | Guidelines for Erosion and Sediment Control on Building Sites

EXAMPLE OF A BAD CONSTRUCTION SITE

EXAMPLE OF A GOOD CONSTRUCTION SITE

Guidelines for Erosion and Sediment Control on Building Sites | 9

SUGGESTED EROSION AND SEDIMENT CONTROLS FOR A ‘TYPICAL’ DEVELOPMENT SITE Minimise area to be cleared and leave as much vegetation as possible. Install temporary fences to define ‘no go’ areas that are not to be disturbed.

Install sediment fences correctly along the low side of the site before work begins.

Divert water around the work site and stabilise channels, but ensure that you do not flood the neighbouring property.

Establish a single stabilised entry/exit point. Clearly mark the access point and ensure the access point is used.

Leave or lay a kerb-side turf strip (for example, the nature strip) to slow the speed of water flows and to trap sediment.

Check the erosion and sediment controls every day and keep them in good working condition.

Stockpile (and preferably cover) topsoil within the sediment controlled zone.

Always be aware of the weather forecast.

10 | Guidelines for Erosion and Sediment Control on Building Sites

Stabilise exposed earth banks (e.g. vegetation, erosion control mats).

Fill in and compact all trenches immediately after services have been laid.

Install site waste receptacles (mini-skip, bins, wind-proof litter receptors).

Sweep the road and footpath every day and put soil behind the sediment controls. Hosing of roads and footpaths is unacceptable - this may lead to stormwater pollution.

Connect downpipes from the guttering to the stormwater drain as soon as the roof is installed or install temporary downpipes. This removes a large source of fast-flowing water across your site.

Revegetate the site as soon as possible. The erosion and sediment control devices must be kept in place until 70% of the site has been revegetated.

FACTSHEET

01

Site Planning

THE OVERALL PRINCIPLE IS TO STOP EROSION FROM OCCURRING AND SEDIMENT LEAVING YOUR SITE. HOWEVER, THIS REQUIRES CAREFUL PLANNING AND FORETHOUGHT. THE WAY YOU RUN YOUR BUILDING SITE CAN HAVE A LARGE IMPACT ON THE AMOUNT OF POLLUTION IN STORMWATER RUN-OFF. When planning the site layout, building location and earthworks, it is possible to make sure control devices don’t interfere with the building process.

Safely secure the site from unauthorised access.

Install stabilised access points.

Manage how stormwater moves onto your site. Water may need to be diverted around the worksite. This diversion should not move water onto neighbouring properties.

Manage how stormwater moves around and off your worksite. Treat stormwater so only clean water leaves your worksite.

Controls need to be installed correctly and maintained.

Avoid stripping or excavation until you are ready to build.

Minimise reshaping of the land, and compact any fill you are using.

Allow for temporary revegetation for large areas of bare soil.

Manage your construction materials onsite. Keep them within the sediment fence, cover them to reduce loss and remove all excess material from the site on completion of the work.

Do not, at any time, wash or blow material from roads and accessways into the stormwater system. Sweep!

This includes grass clippings as well as soil, mud, concrete slurry and other material.

Guidelines for Erosion and Sediment Control on Building Sites | 11

FACTSHEET

02

Stabilised Entry/Exit Point THE ENTRY/EXIT POINT OF THE SITE SHOULD BE MANAGED SO SEDIMENT IS NOT TRACKED OFF THE SITE AND IT SHOULD BE RESTRICTED TO ONE STABILISED LOCATION. NOTE THAT AN APPROPRIATE LOCATION FOR THE CONSTRUCTION ENTRANCE MAY NOT BE THE LOCATION OF THE PERMANENT DRIVEWAY. The recommended construction method for stabilising the access point is 200 mm of aggregate at 3060 mm in size (note: larger aggregate will not compact as easily and should be used where bigger plant are accessing the site. Alternatively install a shake down grid). The access should be a minimum of 3 metres wide and 3 metres long, or to the building alignment for all residential or sub-division sites.

Where possible, the entry/exit area should extend from the kerb to the building footprint. Remember that a large truck must be able to gain access to this site without leaving the stabilised access.

12 | Guidelines for Erosion and Sediment Control on Building Sites

Where the entry/exit area slopes toward the road, a diversion hump should be installed across the stabilised area to direct stormwater run-off to the side where it can be filtered by a sediment fence.

Stabilised access points will require periodic maintenance with the topping up of the rock. Street sweeping on adjacent roads may still be required. The access point must be on the site not via adjacent sites that do not form part of the works.

Advantages. The advantages to builders of stabilising the access point is that restricting vehicular movement allows the entire site to be more stable and durable during wet weather. After wet weather, work can begin on the site more quickly due to the area being stable. This prevents the most heavily travelled routes from becoming a source of sediment and reduces the likelihood of vehicles bogging on site.

Remember that extra aggregate needs to be added to maintain its effectiveness during the life of the access point.

FACTSHEET 02 / STABILISED ENTRY/EXIT POINT

CONSTRUCTION SITE

res

th 3 met

Min. wid

Min. le

ngth 3

metre

s

200 mm min.

300 mm min.

dary

ty boun

Proper

Runoff directed to sediment trap/fence DGB 20 roadbase or 30 - 60 mm aggregate Existing roadway Geotextile fabric designed to prevent intermixing of subgrade and base materials and to maintain good properties of the sub-base layers.

Geofabric may be a woven or needle-punched product with a minimum CBR burst strength (AS3706.4–90) of 2500 N

CONSTRUCTION NOTES 1. Strip at least 150 mm of topsoil, level area and stockpile on site if space available.

2. Compact sub-grade.

3. Cover area with geotextile fabric.

4. Construct a 200 mm thick pad over geotextile using aggregate at least 30 mm in size. Minimum length 3 metres or to building alignment. Minimum width 3 metres.

5. Construct diversion hump immediately within boundary to divert water to a sediment fence or other sediment trap.

Guidelines for Erosion and Sediment Control on Building Sites | 13

FACTSHEET

03

Sediment Fencing

maintenance and weekly checks are needed. The performance of a sediment fence diminishes considerably when crushed by delivery of

THE MOST EFFICIENT AND WIDELY ACCEPTED SEDIMENT BARRIER FOR CONSTRUCTION SITES IS A SPECIALLY MANUFACTURED GEOTEXTILE SEDIMENT FENCE. SEDIMENT FENCES ACT LIKE DAMS - TRAPPING THE SEDIMENT WHILE ALLOWING WATER TO LEAVE THE SITE. THEY ARE EFFECTIVE IN RETAINING SUSPENDED SOLIDS COARSER THAN 0.02 MM. They are simple to construct, relatively inexpensive and easily moved as development proceeds.

When using a sediment fence, keep in mind that it will be effective within the following parameters: It is generally not designed to filter concentrated flows and therefore needs to be placed following the contours whenever possible.

building materials or after rain when sediment has built up behind it. It must remain vertical and keyed into the soil.

Where the sediment fence is not installed correctly water will inevitably flow through the point of least resistance. Damaged fences must be repaired promptly.

Sediment fences need to be trenched in at least 150 mm and buried so the water flows through and not underneath.

Soil on both sides of the fence must be compacted to avoid seepage under the barrier.

On a typical residential building block (approx. 700sq.m), a sediment fence should work well providing it is situated on the low side of the block. If there needs to be a break

It should last for up to six

in the fence for any reason (say,

months but requires regular

an access point) a contour bank/

14 | Guidelines for Erosion and Sediment Control on Building Sites

FACTSHEET 03 / SEDIMENT FENCING

diversion bank or bund needs to be constructed to direct water back to the fence. The sediment fence must have uphill returns at either end to prevent sediment flowing around it.

Advantages. It is a simple strategy that is easily installed, shifted or removed. Sediment fences work well and, if maintained, will last for the duration of the construction stage.

SEDIMENT FENCE INSTALLATION 1.5 m star pickets at max. 2.5 m centres

Self-supporting geotextile

500 mm to 600 mm

Direction of flow

600 mm min.

CONSTRUCTION NOTES 1. Construct sediment fences as close as possible to follow the contours of the site.

2. Drive 1.5 metre long posts into ground, maximum 3 metres apart.

3. Staple to 40 mm square hardwood posts or wire tied to steel posts.

4. Dig a 150 mm deep trench along the up-slope line of the fence for the bottom of the fabric to be entrenched.

5. Backfill trench over base of fabric and compact on both sides.

On soil, 150 mm x 100 mm trench with compacted backfill and on rock, set into surface concrete

SECTION DETAIL

Disturbed area Direction of flow 1.5 m star pickets at max. 2.5 m centres

Undisturbed area

Guidelines for Erosion and Sediment Control on Building Sites | 15

FACTSHEET

04

Straw Bale Filter

STRAW BALES ARE SUITABLE FOR LOW FLOWS OF WATER. IT IS ONLY RECOMMENDED THAT THESE ARE USED IN LIMITED APPLICATIONS SUCH AS REDUCING THE FLOW VELOCITY. PLAN 20 metres max. (unless stated otherwise on SWMP/ESCP) Flow

Straw bales tightly abutting together

SECTION Nylon or wire bindings 1.5 m to 2 m

Disturbed area

Bales embedded 100 mm into ground

16 | Guidelines for Erosion and Sediment Control on Building Sites

Flow

2:1

e

slop

CONSTRUCTION NOTES 1. Construct the straw bale filter as close as possible to being parallel to the contours of the site.

2. Straw bales should be placed lengthwise in a row with ends tightly abutting.

3. Each bale should be embedded in the ground 75mm to 100mm and anchor with two star pickets or stakes. Angle the star picket or stake in each bale towards the previously laid bale. Where star pickets are used ensure they are fitted with safety caps.

4. Where a straw bale filter is constructed downslope from a disturbed batter, ensure the bales are placed 1 to 2 metres downslope from the toe.

5. Establish a maintenance program that ensures the integrity of the bales is retained

Guidelines for Erosion and Sediment Control on Building Sites | 17

FACTSHEET

05

written permission is obtained from

Diversion of Up-Slope Water

the land owner(s). Avoid directing stormwater towards the site’s entry/ exit point.

Advantages. There is a

WHERE STORMWATER RUN-OFF IS MORE THAN 0.5 HECTARE AND WHERE PRACTICAL, UP-SLOPE WATER SHOULD BE DIVERTED AROUND THE SITE. STORMWATER CAN BE DIVERTED WITH THE USE OF SMALL TURF OR GEOTEXTILE LINED CATCH DRAINS, OR WITH THE USE OF DIVERSION BANKS.

reduction in the amount of water that must be treated onsite. The site is kept drier during wet periods.

Remember on steep sites, depending on duration of works and expected water flows, it is best to line the earth drain with turf or a geotextile fabric to avoid unnecessary soil erosion.

Diverted stormwater should be discharged onto stable vegetated areas and should not be diverted into neighbouring properties unless

SECTION VIEW - DIVERSION DRAIN Gradient of drain 1% to 5%

Can be constructed with or without channel

All batter grades 2(H):I(V) max.

Direction of flow

300 mm min.

150 mm min.

2 metres min.

NOTE: Only to be used as temporary bank where maximum upslope length is 80 metres.

18 | Guidelines for Erosion and Sediment Control on Building Sites

FACTSHEET

06

Stockpiles and Storage of Materials STOCKPILES AND BUILDING MATERIALS ARE NOT TO BE STORED ON THE FOOTPATH OR WITHIN THE ROAD RESERVE. All stockpiles and building materials should be located behind sediment controls. Stockpiles should be protected from run-on water by placing diversion banks up-slope and with sediment control structures placed immediately down-slope.

Stockpile losses can also be minimised with the use of covers.

The location of all stockpiles onsite should be at least 2 metres

(preferably 5 metres) from hazard areas, especially likely areas of concentrated or high velocity flows such as waterways, kerb inlet pits, paved areas and driveways. The height of the stockpile should be less than 2 metres. The incorrect storage of stockpiles is a major source of stormwater pollution.

All site workers, subcontractors and delivery drivers need to be advised of their responsibilities to minimise soil erosion and pollution.

The delivery driver must be given a designated location to deliver materials on site. This practice will also keep stockpiles away from site access and consequently keep sediment from being discharged to the stormwater system.

CORRECT STOCKPILE MANAGEMENT Stabilise stockpile surface Earth bank

2

lop :1 s

)

ax.

e (m

Flow

2:1

slo

pe

(m

ax.

)

Sediment fence

Guidelines for Erosion and Sediment Control on Building Sites | 19

FACTSHEET

07 Grass Filter Strips

STRIPS OF VEGETATION LEFT OR PLANTED DOWN-SLOPE FROM EARTHWORKS PROVIDE A SIMPLE METHOD OF TRAPPING COARSE SEDIMENT. The flatter and wider the filter strips are, the more effective they become.

A 400 mm wide grass strip can be installed next to a kerb to stabilise the area between the kerb and footpath. It is also valuable for trapping sediment in very small rainfall events.

For best results it is advised that the whole footpath is planted.

Grass strips will stabilise a disturbed site quickly and easily and act as an excellent erosion and sediment control device.

Advantages. Grass filter strips can be very effective in removing coarse sediment upstream from detention basins or infiltration structures.

20 | Guidelines for Erosion and Sediment Control on Building Sites

They prevent sediment travelling from bare soil areas towards the formal drainage system.

Remember that grass filter strips are only suitable on low grades.

CONSTRUCTION NOTES 1. Install minimum 400 mm wide roll of turf on the footpath adjacent to the kerb and at the same level as the top of the kerb.

2. Lay 1.4 metre long turf strips (at 90 degrees) every 10 metres.

3. Rehabilitate disturbed soil behind the turf strip in accordancewith the ESCP/SWMP.

FACTSHEET 07 / GRASS FILTER STRIPS

CORRECT USE OF A GRASS FILTER STRIP

Ret u met rn turf s res to p trips e reve very nt s 1 cou 0 r

tre

1 me

Turf

400

mm

min.

Ker

b

Gut

ter

Roa

dwa

y

Guidelines for Erosion and Sediment Control on Building Sites | 21

FACTSHEET

08

Litter and Building Waste

ALL WASTE SHOULD BE STORED ON SITE IN A WAY THAT PREVENTS MATERIAL LOSS CAUSED BY WIND OR WATER. Disposal fees can be reduced by separating building waste products into separate waste containers, so this material can be recycled.

DISPOSAL AND REUSE OF FILL/SOIL MATERIAL Fill material may be reused off site by meeting one of the NSW EPA’s resource recovery exemptions and orders if you can demonstrate that the material (waste) can be safely and effectively used for another purpose. The use for the material must be genuine, fit-for-purpose, and cause no harm to the environment or human health.

Once the material leaves the site from which it was generated it is then considered a waste and must be classified prior to removing fill material from the site.

22 | Guidelines for Erosion and Sediment Control on Building Sites

Although there are a number of resource recovery exemptions and orders the most commonly used one is excavated natural material. All conditions of an order and exemption must be met for the reuse of the waste material to be lawful. You must also have, if necessary, development consent and permission from the owner and occupier of the place where the waste will be reused.

Alternatively the waste could be classified as virgin excavated natural material (VENM) as defined under the Protection of the Environment Operations Act 1997.

When taking waste offsite to a private or publically-owned site, the owner of the waste and the transporter are each guilty of an offence when waste is transported to a place that cannot lawfully accept this waste. To avoid potential litigation, it is essential that a Section 143 notice (POEO Act) be filled in to demonstrate that this material can be transported to a place that can lawfully accept it. Once completed and signed, the s.143 notice is a declaration from the “landholder” that waste of a certain type and quantity may

FACTSHEET 08 / LITTER AND BUILDING WASTE

be legally accepted for a certain use on their land. Forms can be found on the NSW EPA website: www.epa.nsw.gov.au/resources/ wasteregulation/160095notices143-form.docx

WHAT IF NO SUITABLE EXEMPTION OR ORDER IS AVAILABLE NOW? If a resource recovery order or exemption is not currently available for your intended use of a waste material, you can apply to the EPA for an order and exemption specific to your operations. Your application must address all the necessary criteria using the format provided in the guidelines.

For more information, including guidelines on how to apply visit www.epa.nsw.gov.au/ wasteregulation/apply-exemption. htm

Virgin excavated natural material (VENM) Contaminated soil (CONT SOIL) Soil (SOIL) Significant project savings can be made by classifying material prior to site disturbance (such as in the case of VENM which is currently accepted for free if it meets the requirements).

Please refer to our Soil Fact Sheets for specific information on the testing requirements and application process at www.ballina. nsw.gov.au/cp_themes/default/ page.asp?p=DOC-PRU-34-28-80 Please manage asbestos to prevent unnecessary contamination.

Asbestos including soil containing asbestos material cannot be accepted at the Ballina Waste Management Centre.

TAKING SOIL TO THE BALLINA WASTE MANAGEMENT CENTRE (A LICENSED LANDFILL FACILITY) The Ballina Waste Management Centre is licensed to accept general solid waste. Under the waste reporting definitions, there are three waste type categories for soil:

Guidelines for Erosion and Sediment Control on Building Sites | 23

FACTSHEET

08.1 Waste – Excavated Natural Material (ENM) Classification

contaminated with other materials (e.g. oils, dumped asbestos, etc.) and therefore requires testing before re-use.

DEFINITION

WASTE CLASSIFICATION

ENM is naturally occurring rock and soil (including materials such as shale and clay) that:

General solid waste (non-putrescible).

has been excavated from the ground contains at least 98 per cent (by weight) natural material does not contain (actual or potential) acid sulphate soils does not contain asbestos or any other waste, nor can it contain excavated material that has been processed in any way does not meet the definition of Virgin Excavated Natural Material (VENM).

Example of the difference between VENM and ENM: A noise mound was originally formed using VENM and is demolished many years later. It is now considered ENM. The reason is that in the intervening period there is a risk that it may have been 24 | Guidelines for Erosion and Sediment Control on Building Sites

DO I NEED AN ENVIRONMENT PROTECTION LICENCE TO RE-USE ENM? Onsite re-use: No. Offsite re-use: No. Provided all conditions in the EPA’s ENM resource recovery order and exemption 2014 are met (see below).

WHAT IS THE ENM RESOURCE RECOVERY ORDER AND EXEMPTION 2014?

The ENM resource recovery order and exemption 2014 permit ENM waste to be re-used offsite on land as engineering fill or for use in earthworks, without incurring the need for an Environmental Protection Licence.

GENERATOR RESPONSIBILITIES are specified in the ENM resource recovery order 2014. They include

FACTSHEET 08.1 / WASTE – EXCAVATED NATURAL MATERIAL (ENM) CLASSIFICATION

that prior to re-use of ENM offsite the generator must certify that the ENM complies with the relevant conditions of the order and provide the offsite consumer with: a written statement of compliance, certifying that the ENM complies with the conditions of the order copies of all test results (see below) a copy of the ENM resource recovery order and exemption 2014, or a link to the EPA website where they can be found.

The generator must keep a written record of the quantity of ENM supplied, and the name and address of each person to whom the processor supplied the ENM. Records must be kept for six years.

CONSUMER RESPONSIBILITIES are also specified in the ENM resource recovery exemption 2014. They include ensuring that ENM: meets all chemical and other material requirements as per the ENM resource recovery order 2014 (using the test results provided by the generator of the material (above) is only applied to land as engineering fill or for use in earthworks

is applied to land within a reasonable period of time after its receipt.

A consumer must keep records of the quantity of ENM received and the suppliers’ name and address.

Records must be kept for six years.

The ENM order and exemption are available at: www.epa.nsw. gov.au/wasteregulation/ordersexemptions.htm

DO I NEED TO SAMPLE AND TEST FOR CONTAMINANTS? Yes, if ENM is to be re-used offsite. ENM must be tested and certified to contain contaminant levels below the criteria listed in the ENM resource recovery order 2014 before the material is taken offsite.

Additional testing (beyond the ENM criteria) may also be required if there is evidence that potentially contaminating activities previously took place at the excavation site (for example, former service station site, cattle tick dip site, banana plantation etc). If this is the case, specialist advice should be sought regarding additional testing requirements.

Written records of all test reports must be kept for a period of six years.

Guidelines for Erosion and Sediment Control on Building Sites | 25

FACTSHEET 08.1 / WASTE – EXCAVATED NATURAL MATERIAL (ENM) CLASSIFICATION

RE-USE OPPORTUNITIES? To facilitate future re-use, ENM should not be mixed with any other types of waste.

Every effort should be made to re-use ENM on or off site before considering disposal.

ENM by its nature can be re-used easily. Weed free topsoil may be stockpiled and re-used on batters or in landscaping and revegetation works. This will also save costs on topsoil or fill as well as reducing disposal fees.

ENM may be sent offsite to a place that can legally accept this material for re-use or re-processing.

DO I NEED A SECTION 143 NOTICE TO TRANSPORT ENM FOR RE-USE OFFSITE? Yes. When taking ENM offsite to a private or publicly-owned site, the landholder must first provide you with a Section 143 Notice certifying that the site is legally able to receive the waste.

26 | Guidelines for Erosion and Sediment Control on Building Sites

The landholder must complete a Section 143 Notice in the approved form prior to the waste being transported. This notice is available from the EPA via www.epa.nsw. gov.au/licensing-and-regulation/ legislation-and-compliance/ notices-and-other-reg-docs Important: If required, the landholder must attach written evidence of legal consent from the local council or planning consent authority that allows the material to be legally accepted onto the landholder’s site.

FACTSHEET

08.2 Waste – Virgin Excavated Natural Material (VENM) ClassiďŹ cation WHAT IS VIRGIN EXCAVATED NATURAL MATERIAL? VENM is defined as natural material (such as clay, gravel, sand, soil or rock fines): a) that has been excavated or quarried from areas that are not contaminated with manufactured chemicals, or with process residues, as a result of industrial, commercial, mining or agricultural activities and b) that does not contain any sulfidic ores or soils or any other waste. and includes excavated natural material that meet such criteria as may be approved by the NSW EPA.

WASTE CLASSIFICATION All waste must comply with the general solid waste requirements of the NSW EPA Waste Classification Guidelines Part 1: Classifying waste (www.epa.nsw.gov.au/resources/ wasteregulation/140796-classifywaste.pdf). Waste generators are

to follow the steps outlined in this guideline until the waste classification has been established under a particular step.

VENM is pre-classified as general solid waste (non-putrescible). For more information see www.epa.nsw. gov.au/waste/virgin-material.htm.

HOW DO I CLASSIFY MY EXCAVATED MATERIAL AS VENM? Excavated material must meet all aspects of the above definition to be classified as VENM. Generators of excavated material must consider the following questions to determine if the soil is VENM.

HAS THE SOIL BEEN CONTAMINATED

BY LAND USE ACTIVITIES? Generators of VENM must consider if past and present land use activities on the site could contaminate the excavated material. This also includes impact from offsite sources such as contaminated groundwater.

A material can only be classified as VENM if it has been excavated from an area that is not contaminated as a result of industrial, commercial, mining or agricultural activities.

Guidelines for Erosion and Sediment Control on Building Sites | 27

FACTSHEET 08.2 / WASTE – VIRGIN EXCAVATED NATURAL MATERIAL (VENM) CLASSIFICATION

IS THE SITE IDENTIFIED WITHIN A HIGH RISK PROBABILITY AREA FOR ACID SULFATE SOILS? VENM cannot contain sulfidic ores or soils.

Acid Sulfate Soil Risk Maps have been mapped across the state to determine the probability of acid sulfate soils. The Acid Sulfate Soil Risk Maps are available on the CSIRO website (http://www.asris. csiro.au/mapping/viewer.htm).

If the site is identified as being a high risk probability of occurrence of potential or actual acid sulfate soils it will require laboratory testing before it can be classified as VENM.

IS THERE ANY OTHER WASTE PRESENT OR HAS THE MATERIAL BEEN PROCESSED? VENM cannot contain any other waste, or be ‘made’ from processed soils. Excavated material that has been processed in any way (such as by adding lime to acid sulfate soils) cannot be classified as VENM.

DO I NEED TO SAMPLE AND TEST THE SOIL? Only if the source of the material is identified as being a high risk probability of being potential or acid sulfate soils. Laboratory testing for

28 | Guidelines for Erosion and Sediment Control on Building Sites

acid sulfate soils is then required.

This may already be required under a DA condition.

ARE THERE ANY LEGAL WASTE TRANSPORT OR TRACKING REQUIREMENTS? No. But as a minimum and for due diligence, you should keep records of the: amount and the type of waste generated, stored, treated or disposed of amount and the type of waste transported name of the transporter and transporter’s vehicle registration number date of transportation name and location of the waste facility that is receiving the waste.

The waste generator must complete and provide the receiver with VENM Certification confirming the material complies with the VENM definition. The VENM certificate is available from the EPA at www.epa. nsw.gov.au/your-environment/ waste/classifying-waste/virginexcavated-natural-material

FACTSHEET

09 Service Trenches

WHERE POSSIBLE, COORDINATE THE VARIOUS SERVICE CONNECTIONS SO THAT A SINGLE TRENCH CAN BE USED. AVOID TRENCHING IN AREAS WHERE WATER FLOW IS LIKELY TO CONCENTRATE. ALTERNATIVELY, TRY TO SCHEDULE WORK TO PERIODS WHEN RAINFALL IS LIKELY TO BE LOW.

CONSTRUCTION NOTES 1. Do not open any trenches unless it is likely to be closed in three days.

WHEN EXCAVATING TRENCH...

Try to limit the time trenches are open to fewer than three days and avoid opening them whenever the risk of storms is high. Remove and store vegetated topsoil so that it can be used to provide immediate erosion protection after backfilling.

SECTION VIEW - SERVICE TRENCH

Place the soil on the uphill side of trenches to divert water flow away from the trench line, provided this practice meets your work place health and safety policy requirements. Alternatively, use temporary bunds for similar effect.

Backfill subsoil and compact to 95 per cent Standard Proctor. Then replace vegetated topsoil to match surrounding ground levels.

2. Place excavated material upslope of trench.

3. Divert runoff from the trenchline with diversions.

4. Revegetate.

Excavated soil placed upslope of trench Kerbside turf strip Kerb Trench

Excavated soil not to be place: • on road • in areas of concentrated runoff • within 1 metre of kerb

Road

Guidelines for Erosion and Sediment Control on Building Sites | 29

FACTSHEET

10

Early Roof Downpipe Connection

TEMPORARY OR PERMANENT DOWNPIPES SHOULD BE INSTALLED AT THE SAME TIME AS THE ROOF IS INSTALLED. THE EARLY CONNECTION OF DOWNPIPES TO THE STORMWATER SYSTEM WILL REDUCE SITE DRAINAGE PROBLEMS.

EARLY DOWNPIPE CONNECTION

This will reduce downtime following storm events.

Connecting roof downpipes is a vital process to keep the water off the site and “Keep the Soil on the Site”.

30 | Guidelines for Erosion and Sediment Control on Building Sites

Temporary or permanent downpipe

MAINTENANCE OF CONTROL MEASURES PROPER MAINTENANCE OF EROSION AND SEDIMENT CONTROLS IS VITAL TO THEIR SUCCESS. AFTER A RAINFALL EVENT IS A GOOD TIME TO ASSESS THE EFFECTIVENESS OF THE ESTABLISHED CONTROLS. THE SITE MANAGER SHOULD CHECK THE OPERATION OF ALL EROSION AND SEDIMENT CONTROLS EACH DAY AND INITIATE REPAIR OR MAINTENANCE AS REQUIRED. An effective maintenance program should include ongoing modification to plans as development progresses. These plans are usually based on characteristics of an individual site, but as development proceeds changes will occur in slope gradients and drainage paths.

The entry/exit pad will require reapplication of aggregate if excessive sediment build-up occurs.

Clean any catch drains as required.

Erosion in drainage channels should be repaired with rock, turf or erosion control matting.

Sediment fences should be replaced if the fabric is ripped or otherwise damaged.

Retrenching may also be needed. Sediment fences work well if they are maintained on a weekly basis and/or after every rainfall event.

Keep an eye on the weather.

Best practice includes anticipating potential risks as well as being prepared for abnormal circumstances and emergencies.

This could include storing extra sediment fence fabric and posts onsite to facilitate emergency repairs, or ensuring that the sediment control contractor’s phone number is available on site.

Guidelines for Erosion and Sediment Control on Building Sites | 31

SITE CLEAN-UP AND REHABILITATION ACCIDENTAL SPILLS OF SOIL OR OTHER MATERIALS ONTO THE ROAD OR GUTTER SHOULD BE REMOVED AT THE END OF THE DAY’S WORK OR IMMEDIATELY IF THERE IS THE POTENTIAL FOR THE MATERIAL TO ENTER THE STORMWATER DRAIN. MATERIALS SHOULD BE SWEPT FROM THE ROAD, NOT WASHED DOWN THE GUTTER. FOLLOWING RAIN, THE ROADWAY AND SEDIMENT CONTROLS SHOULD BE INSPECTED AND ALL EXCESSIVE SEDIMENT RESIDUES REMOVED.

All areas disturbed by construction should be promptly stabilised (e.g revegetated) so that they can no longer act as a source of sediment.

If the site has not been rehabilitated and is handed over to a new homeowner, they also need to understand their legal obligation associated with erosion and sediment control, especially if a subcontractor is employed to complete landscaping works. Sediment control devices must be left in place until 70% revegetation cover has been established, or other measures installed in accordance with the local council’s requirements.

Skips removed

Completed driveway Newly laid turf Swept road

Stockpile of leftover soil

32 | Guidelines for Erosion and Sediment Control on Building Sites

Sediment fence

NOTES

Guidelines for Erosion and Sediment Control on Building Sites | 33

IMPORTANT CONTACTS BALLINA SHIRE COUNCIL 1300 864 444 or ballina@nsw.gov.au ballina.nsw.gov.au

NSW EPA ENVIRONMENT (POLLUTION LINE) 131 555 or info@environment.nsw.gov.au epa.nsw.gov.au ‘THE BLUE BOOK’ MANAGING URBAN STORMWATER – SOILS AND CONSTRUCTION environment.nsw.gov.au/stormwater/publications.htm

DIAL BEFORE YOU DIG 1100

ESSENTIAL ENERGY 13 23 91 construction.works@essentialenergy.com.au

MASTER BUILDERS ASSOCIATION Toll Free: 1800 622 679 or enquires@mbansw.com.au

NSW FAIR TRADING 13 32 20 fairtrading.nsw.gov.au/

STANDARDS AUSTRALIA 1800 035 822 standards.org.au

SAFEWORK NSW 13 10 50 or contact@safework.nsw.gov.au safework.nsw.gov.au

SAFEWORK NSW BALLINA OFFICE 02 6620 6900

34 | Guidelines for Erosion and Sediment Control on Building Sites

GUIDELINES FOR

EROSION

AND

SEDIMENT

CONTROL ON

BUILDING SITES This booklet is brought to you by Ballina Shire Council’s Healthy Waterways program.

Love it or Lose it

Development and Environmental Health Group Ballina Shire Council 40 Cherry Street Ballina NSW 2478 Ph: 1300 864 444 | e: council@ballina.nsw.gov.au ballina.nsw.gov.au