Toxic PFAS chemicals found at Werribee parkland

A local council will be forced to address the toxic contamination of a public park after losing a legal challenge where they argued it wasn’t their responsibility.

A local council in Melbourne’s west will be forced to manage the toxic contamination of a public park after losing a legal challenge.

In a legal battle in the Victorian Civil and Administrative Tribunal, Wyndham Council argued the EPA should have told the Country Fire Authority to deal with the issue, not them.

The challenge relates to a large area of public parkland on Derrimut Rd in Werribee near the Heathdale Christian College where PFAS contamination has been identified.

The land is owned and managed by the City of Wyndham.

Per- and poly-fluoroalkyl substances (PFAS) are a group of commonly-used chemicals used in products that resist heat, oil, stains and water that have been linked to adverse health impacts.

PFAS is used in firefighting foam and the Hoppers Crossing Fire Brigade is located next to the parkland.

A secret audit of Melbourne fire stations in 2020 found PFAS contamination at every site tested, but the audit suggested there was “no risk to life”.

The saga began in February when the EPA issued Wyndham Council a notice to investigate any contamination at the site, based on a “reasonable belief” the toxic chemical might be present.

By August, Wyndham provided the environmental watchdog with preliminary results confirming the contamination, leading the EPA to write a letter outlining Council’s “obligations” to manage the contaminated land.

However at a tribunal hearing on September 7, Wyndham Council challenged whether they were legally responsible for addressing the contamination.

Lawyers representing the Council argued the Hoppers Crossing Fire Brigade had “caused or contributed to” the contamination and therefore the CFA should be tasked with cleaning up the mess.

They further asked the Tribunal to order the EPA to issue the land management advice to the Country Fire Authority instead of themselves.

In a judgment handed down this week, VCAT senior member Geoffrey Code and member Claire Bennett dismissed Wyndham’s applications, saying they were “misconceived” and beyond their jurisdiction.

“We accept the EPA has given the Council compliance advice but this is advice only and relates to a separate duty or obligation to manage contaminated land,” they found.

“In balancing the various grounds on which the Council relies, in totality the weight favours a conclusion that the applications are misconceived and lacking substance.”

Under the EPA act, Wyndham Council will be required to conduct further soil and water sampling at the park and create a management plan if there is a risk to human health.