EPA regional services executive director Damian Wells said the tip site, now the Chisholm Street Recreation Reserve, had been under investigation since they were first contacted by a concerned landowner.

A full report on waste overflow must be provided to the EPA by November 30.

“EPA has examined the history of the site and found that following the closure of the landfill it was rezoned as a public park and recreation zone, while adjacent land was zoned residential,” Mr Wells said.

“Of concern to EPA is that historic aerial photographs and sampling undertaken from residential land indicates that waste is likely to have extended beyond what was thought to have been the boundary of the land.”

Mr Wells said the EPA was not satisfied that council has an “adequate understanding” of the landfill area’s extent on which to base a site management plan.

“The City of Ballarat is now required to provide a full report to EPA by November 30, 2016 detailing the extent to which waste extends beyond the former Black Hill landfill site.

“If during its investigations any risks are found, council must immediately notify impacted or potentially impacted residents and take immediate steps to reduce these risks.”

It follows a four year campaign by Duggan Street landowner Mark Hosking for council to fulfill its “legacy landfill” obligations, including updating maps of its boundaries.

Environmental firm Cardno Lane Piper found 10,000 cubic metres of waste on Mr Hosking’s property, including rags, metal brackets, brake pads, bone, scrap metal, glass bottles, jars, cardboard, can, plastic, food wrappers, polystyrene, aerosol cans, batteries, bricks, rubber and leather scraps, netting, tiles, tyres and tin cans.

Cardno Lane Piper have also quoted Mr Hosking $3.65 million for his property to be remediated, most of which is disposal of category C waste.

The report reads: “The landfilling is believed to have been undertaken during the period 1960 to 1985, and the landfill contents may include materials that are toxic/carcinogenic and potentially a human health risk”.

However, this has not been substantiated.

Mr Hosking said the EPA issuing a notice was a “good start”.

“It should have been done a long time ago, with far less fanfare and a lot less cost to us as ratepayers,” Mr Hosking said.

He has also asked the ombudsman for an investigation into why the landfill issue hadn’t already been dealt with by council.

“The rubbish on my land would fill the town hall alone.”

The council said it will continue to work with the EPA following the receipt of the formal notice.