A local environment group has taken legal action in the Supreme Court to halt plans to dump contaminated soil from the West Gate Tunnel Project near Bacchus Marsh.
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The Environment Protection Authority last month approved a plan from Maddingley Brown Coal Pty Ltd to receive millions of tonnes of contaminated soil from the project, despite widespread community opposition because of health and environmental concerns.
Moorabool Environment Group launched legal proceedings this week seeking a judicial review of that decision, claiming the environment management plan submitted to the EPA "was so deficient in numerous respects that it failed to meet even the diluted requirements of the new regulations".
The soil removed by tunnel boring machines working on the $6.7 billion project, contains low levels of the toxic chemical PFAS, which has been linked to some forms of cancer.
The Maddingley Brown Coal site which is proposed to house the toxic soil is less than 300m from Bacchus March Grammar School, which has around 2000 students, and is crossed by a creek and aquifers that flow in to the Werribee River which provides irrigation water for market gardens and orchards around Bacchus Marsh and further downstream.
In addition to health and environmental fears, local are also concerned about the increase in truck traffic on roads around the site as they transport the soil.
The EPA approved an environmental management plan for the Maddingley site in September, and accepted a modification to the plan last month to upgrade the design of the containment facility.
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"Despite repeated requests for information and consultation, the EPA ignored the key concerns of our community and MEG, denying us procedural fairness in its shoddy process," the Moorabool Environment Group said in a statement.
EPA executive director of regulatory standards, assessments and permissioning Tim Eaton said in a statement following the organisation's decision last month that Maddingley and two other sites in Ravenhall and Bulla which will also receive the soil would be closely monitored.
"The health of the local community and the environment is our first priority and these Environment Management Plans will ensure they are protected," Mr Eaton said.
"Each of the EMPs has been rigorously reviewed and approved on the basis they meet strict conditions designed to protect human health and the environment. EPA will monitor any selected site closely to ensure it operates in accordance with its EMP.''
