Any reference to CASACIR or its directors, shareholders, owners or operators relates to pre-14 February 2024 when the company was sold. In no way can anything said relate to the company or its new owners, operators, directors, and shareholders after that sale.
Permit condition 42 states: “Sewage, sullage and other liquid wastes to arise from the development shall be treated and retained on site by a septic tank system in accordance with the requirements of the Environment Act 1970, the current Septic Tank Code of Practice 2003 and the Baw Baw Shire Council.”
However, man X, man Y and CASACIR admitted that they did not have a septic permit – even though they used the old system for over 4 months (and possibly up to 14 months).
Man X, man Y and CASACIR noted in their work plan (endorsed as part of the planning permit and which is the basis of the work authority) (clause 2.5): “…it appears that any sub surface water originating from the north of the road (ie within the proposed quarry development area) flows along permeable horizons towards the south trending [Kookaburra Creek]”. This would appear to be an admission that any subsurface water that is polluted by effluent or such on the proposed quarry land, will tend to leach into the fractures and then flow into our waterway.
Man X, man Y and CASACIR applied for a septic tank permit in December 2009, and received that permit to install a septic tank and lines (in a specific location) – but they had applied to have the lines in a location that allowed the effluent to discharge toward Kookaburra Creek (so much for being environmentally sensitive!) and council refused this. Consequently, man X, man Y and CASACIR did not act upon their permit but continued to use the current old, non-permitted tank and lines until sometime between December 2009 and October 2010.
It should be noted that there appears to have been no inspection from council to ascertain if the septic tank has indeed been “disconnected”! Regardless, man X, man Y and CASACIR used the septic tank and lines for many months – without a permit to do so.
On 6 September 2010 man X (one of the directors and shareholders of CASACIR) swore in one of his affidavits, that “No new septic tank has yet been installed on the land. Sewerage and sullage is presently drained into the existing septic tank which has been disconnected from the in ground absorption field. These wastes are held in the septic tank until it is pumped out every month by a contractor and taken off-site”.
As identified above, man X, man Y and CASACIR said that they were using the septic tank as a “holding tank”. They said that they blocked the lines so that they cannot be used. They did not provide a “holding tank” permit at the enforcement hearing in November 2010, and have since admitted that they have not got a permit to use it as a holding tank. On 5 April 2011 Jack Kraan (their planning specialist!) said that they were unaware that they had to have a permit (so much for asking council, and so much for council requiring a permit!).
This photo shows the area that is now able to be used to presumably pump the tank
As stated, as at 5 April 2011, at least 20 months after commencing works on site, 5 months after they admitted at the tribunal that they were using it as a mechanism to hold the “Sewage, sullage and other liquid wastes” – for which they needed a permit – they still did not have a permit and admitted that hadn’t even sought advice as to requirements!! But no enforcement order issued.