Concerns over tip deadline

But Duggan Street landowner Mark Hosking says the council has only just asked him for access to his property – with the EPA’s November 30 deadline looming.

Mr Hosking also expressed concern the council asked for unconditional access to his site, despite him asking for documentation, including photographs, of any investigations carried out and that any land damage costs be paid.

“Council is now forcing residents to waive their rights and allow council unconditional access to their properties,” Mr Hosking said.

“Normal convention is that anyone coming onto your property would ask and comply with conditions that a landholder placed on the access to the property.”

He said the council risked a $350,000 fine if it didn’t comply with the EPA order by the due date.

The EPA has asked for a full report on waste overflow from the former tip, now the Chisholm Street Recreation Reserve, after they were contacted by Mr Hosking.

Mr Hosking began campaigning in 2012 for the council to fulfill its “legacy landfill” obligations after environmental firm Cardno Lane Piper found large amounts of waste on his property, which he was planning to subdivide.

Cardno Lane Piper also quoted Mr Hosking $3.65 million for his property to be remediated, with the rubbish including rags, bottles, jars, batteries, aerosol cans, tyres and tin cans.

A neighbouring landowner also found rubbish overflow on his property in 2012 after the Supreme Court of Victoria ordered excavation works.

However, the council’s infrastructure and environment director Terry Demeo said they will meet the EPA deadline.

“The City of Ballarat is working with the Environment Protection Authority in relation to this issue,” Mr Demeo said.

“At this stage, the matter remains between the City of Ballarat and the EPA.”