CEO says EPA considering criminal sanctions for Helensburgh mine

The Helensburgh mine has been under the spotlight this year as a number of discharges of mining materials have covered waterways in black muck.

Read more: Port Kembla gas project wants permission to dump material offshore

The pollution appears to have reached the Audley Weir, over 10 kilometres downstream.

In August, the EPA hit Peabody with a $15,000 fine due to the miner's failure to maintain a dam that allowed polluted water to run into Camp Gully Creek, a tributary of the Hacking River, during heavy rains in January.

After months of rain and further deluges, environmentalists observed heavy black sediment once again coating the surface and banks of the Hacking River in September.

The EPA then mandated the miner clean up the affected water catchment, first above the water line and subsequently below, as well as improve stormwater management practices.

With signs this has not prevented another spill, the recently appointed CEO said a series of investigations were ongoing after the "unacceptable" impacts.

"We have a whole series of toxicology and other sampling analytics underway, we'll be releasing all of that publicly," Mr Chappel said.

"It's a bit too early to categorically say what the final impact will be."

EPA inspectors have been on site to monitor clean up activities, informed by an independent ecologist, with final findings to be released once the investigation is complete.

"The community will see the result of our investigation, and we have a criminal investigation underway, so there's some very serious penalties potentially involved," Mr Chappel said.

"An impact like this is not something that you can just pass off. This is Australia's oldest national park. The platypus is on track to be rewilded. These impacts from a neighbour are not acceptable.

"It's a very serious issue, and we take it very seriously."

The maximum penalties the EPA can issue reach $2 million for corporations and $500,000 for individuals.

Mr Chappel said that the regulator was reviewing current protections and remediation actions taken so far.

"It seems like despite those, there's still been a subsequent event."

With record rainfall in 2022, run off events have occurred not only at the Helensburgh mine, with building sites another location of concern.

As the impacts of climate change increase rainfall totals, Mr Chappel said the "best practice" scenarios that organisations have relied upon will need to be updated.

"We've seen it on the North Coast and Lithgow. We've seen it in parts of western New South Wales. We've seen it in Sydney with the Hawkesbury," he said.

"The sort of predictable weather patterns that we've relied on when we look backwards, are not necessarily what we can rely on going forwards."

Speaking in Wollongong, Mr Chappel said he hoped to work with businesses and the local community to not just meet but exceed environmental standards. One area where this was occurring was in the approvals process for the reline of the No. 6 Blast furnace at BlueScope, where the EPA imposed more stringent controls as part of the planning process.

The outcome of this could include the remediation of polluted waterways such as Allens Creek, which would improve the resilience of the local environment.

"Historically, you cement everything, and that keeps it all safe. But actually, when you restore waterways and wetlands and allow water to move much more slowly and naturally through the ecosystem, biodiversity improves, but also your flood protection improves and your ability to manage any spill also improves," Mr Chappel said.

"So I think there's a real win-win in environmental restoration."

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