Response to asbestos update published at 16.45hrs Thursday 11 April
EPA's investigation of sources of asbestos contamination in mulch delivered to public parks and reserves has made significant headway. Inspections of the two key producers of mulch used by Hobsons Bay City Council have confirmed that they do not have any asbestos contamination in mulch products for sale at their premises.
EPA had already inspected both companies as part of its precautionary inspection program of 59 mulch producers in March and has again determined that their production processes are compliant.
As per EPA's normal policy, companies will not be named while investigations are underway.
Some of the mulch present at sites dates to before 2015 - prior to the introduction of the Environment Protection Act 2017 and the regulation of commercial mulch producers by EPA.
Under laws that came into effect on 1 July 2021, mulch producers are now required to obtain a permission from EPA to operate and to comply with strict requirements to prevent harm to human health and the environment. Non-compliance with these laws can attract fines of up to $4 million and 5-years in prison for serious offences.
This environmental legislation also applies to demolition contractors that supply timber to mulch producers for recycling. Under these laws, asbestos contaminated material must not be recycled and can only be disposed of at a licensed landfill.
Inspections of reported sites has shown that where asbestos has been found so far, it is small in size, in bonded form and presents a negligible health risk.
While investigations continue, it appears that the two most likely sources of asbestos contamination are, deposits after mulch is laid (such as littering, dumping, flood wash), or it was already on the site and mulch laid over it – including new mulch that has been deposited on top of older mulch still present at the site.
In compliance with one of the EPA regulatory notices issued, Hobsons Bay City Council has now inspected 15 out of 21 parks it has currently identified where mulch has been laid in the last 18 months.
Council has identified five new sites where a small number of pieces with potential asbestos containing material has been found. Samples have been sent for priority testing.
Six sites have been previously confirmed as having small amounts of asbestos containing material at the site.
Four other sites that received mulch over the last 18 months have been cleared of contamination.
The community is providing information and making enquiries, including related to residential properties.
EPA continues to prioritise our response and investigations into public parks and reserves and will update the community as the situation evolves.
New information:
Hobsons Bay City Council area
Altona Coastal Park
Hobsons Bay City Council has now confirmed samples taken on Tuesday 9 April tested positive for asbestos.
EPA has required the area be fenced and remediation works undertaken.
Mulch was most recently laid at the site in multiple batches between September 2021 and February 2023.
The mulch producer is known to EPA and been inspected and cleared of having contamination in mulch products.
Source of contamination is still under investigation.
Dennis Reserve, Williamstown
Samples taken on Tuesday, 9 April have tested negative for asbestos.
Truganina Park, Altona Meadows
After being inspected by a hygienist engaged by Hobsons Bay City Council, one sample of potential asbestos containing material was taken for priority testing.
Doug Grant Reserve, Altona
After being inspected by a hygienist engaged by Hobsons Bay City Council, pieces of potential asbestos containing material were taken from one location in the reserve for priority testing.
It is suspected that potential asbestos containing material was contained in building rubble which was generated during gardening excavation works.
HD Graham Reserve, Altona Meadows
After being inspected by a hygienist engaged by Hobsons Bay City Council, two samples of potential asbestos containing material were taken for priority testing.
Laverton Creek at the rear of AB Shaw Reserve, Altona Meadows
After being inspected by a hygienist engaged by Hobsons Bay City Council, two samples of potential asbestos containing material were taken for priority testing.
Newport Lakes Reserve, Newport
After being inspected by a hygienist engaged by Hobsons Bay City Council, samples of potential asbestos containing material were taken for priority testing.
Brimbank Council area
Fitzgerald Square Reserve, Sunshine West
Of the 8 samples sent for testing, one has been confirmed as asbestos containing material.
The one sample that tested positive is too large in size to have been part of the mulch product.
EPA is advising council on remediation.
Status of all sites
Hobsons Bay City Council area
Altona Coastal Park
Hobsons Bay City Council has now confirmed samples taken on Tuesday 9 April tested positive for asbestos.
Mulch was most recently laid at the site in multiple batches between September 2021 and February 2023.
EPA has required the area be fenced and remediation works undertaken.
The mulch producer is known to EPA and has been inspected and cleared of having contamination in mulch products.
Source of contamination is still under investigation.
PA Burns Reserve, Altona
EPA test results received on Tuesday, 9 April confirmed asbestos containing material.
Hobsons Bay City Council has restricted access to the area while it implements its remediation plan.
The mulch supplier is known to EPA and is being investigated.
Mulch was most recently laid at the site in December 2023. The likely cause of contamination is underlying building waste on top of which the mulch was laid.
GJ Hosken Reserve, Altona North
EPA test results received on Tuesday 9 April confirmed earlier test results from Hobsons Bay City Council (Friday, 5 April) that asbestos containing material is present at the site.
Hobsons Bay City Council has restricted access to the area while it implements its remediation plan.
The mulch producer is known to EPA and has been inspected and cleared of having contamination in mulch products at its premises.
Mulch was most recently laid at the site between April and May 2022.
The source of contamination is still under investigation.
Crofts Reserve, Altona North
EPA test results received on Tuesday 9 April confirmed earlier test results from Hobsons Bay City Council (Friday, 5 April) that asbestos containing material is present at the site.
Hobsons Bay City Council has restricted access to the area while it implements its remediation plan.
The mulch producer is known to EPA and has been inspected and cleared of having contamination in mulch products at its premises.
Mulch was most recently laid at the site in September 2023.
The source of contamination is still under investigation.
Dennis Reserve, Williamstown
Samples taken Tuesday, 9 April have tested negative for asbestos
PJ Lynch Reserve, Altona North
EPA inspected and confirmed asbestos. A second EPA inspection on Saturday 6 April found no remaining asbestos.
Hobsons Bay City Council has restricted access to the area while it implements its remediation plan.
Hobson's Bay has confirmed the mulch was laid prior to 2015 and cannot provide information on the producer.
Source of contamination is still under investigation.
Donald McLean Reserve, Spotswood.
Asbestos containing material confirmed.
Council has fenced off the affected area which is being remediating. This is likely to be completed by early next week.
The mulch producer is known to EPA and has been inspected and cleared of having contamination in mulch products at its premises.
Mulch was most recently laid at the site in November 2022.
Source of contamination is most likely from underlying building rubble which the mulch was laid over.
Truganina Park, Altona Meadows
After being inspected by a hygienist engaged by Hobsons Bay City Council, one sample of potential asbestos containing material was taken for priority testing.
Doug Grant Reserve, Altona
After being inspected by a hygienist engaged by Hobsons Bay City Council, pieces of potential asbestos containing material were taken from one location in the reserve for priority testing.
It is suspected that potential asbestos containing material was contained in building rubble which was generated during gardening excavation works.
HD Graham Reserve, Altona Meadows
After being inspected by a hygienist engaged by Hobsons Bay City Council, two samples of potential asbestos containing material were taken for priority testing.
Laverton Creek at the rear of AB Shaw Reserve, Altona Meadows
After being inspected by a hygienist engaged by Hobsons Bay City Council, two samples of potential asbestos containing material were taken for priority testing.
Newport Lakes Reserve, Newport
After being inspected by a hygienist engaged by Hobsons Bay City Council, samples of potential asbestos containing material were taken for priority testing.
.
Brimbank Council area
Fitzgerald Square Reserve, Sunshine West
Of the 8 samples sent for testing, one has been confirmed as asbestos containing material.
The one sample that tested positive, whilst small, is too large in size to have been part of the mulch product.
EPA is advising council on remediation.
Merri-bek City Council area
Shore Reserve, Pascoe Vale South
The Reserve was inspected, and three small samples were tested and shown to be asbestos containing material.
The Reserve has also been inspected by an occupational hygienist and a Clearance Certificate issued stating no asbestos was visible on site any longer.
This allows Merri-bek council to fully reopen the Reserve for normal use by the community.
Supply chain investigations
Under existing remedial notices Hobsons Bay City Council is reporting to EPA on the sources of mulch received since July 2021 and is inspecting all recycled mulch laid in their parks and reserves over the past 18 months and remediate any contamination.
Based on EPA intelligence, information provided by council and community reports, EPA is investigating potential sources of contamination, including mulch suppliers.
