Timeline of Wombarra pollution woes

2 MARCH 2022

The "Wombarra drone" footage below was filmed by Hayden Griffith.

15 MARCH 2022

'SEACLIFF DEVELOPMENT POLLUTION TESTING SHOCK'

Press Release, issued by David Roach on behalf of residents of Wombarra

Sediment filled run-off from Wombarra development exceeds legal limit by more than 500 times.

Residents of Wombarra and Coledale were stunned when they received the official test results of the ocean run-off from The Seacliff development in Wombarra. Water samples were taken directly from the hose output at the stormwater drain below Coledale Hospital during the illegal pump-out on 8 Mar 2022. The samples were tested by an independent commercial laboratory. The result for Total Suspended Solids (TSS) was 9,850 mg/L  which is 200 times the legal limit. For Turbidity the result was 11,300 NTU which is more than 500 times the legal limit.

Water scientist, Doctor Ian Wright, senior lecturer at Western Sydney University's School of Science, examined the findings. He warned that such sediment contamination of intertidal and marine waters would cause environmental harm.

Doctor Wright said, “If contaminated run-off like this is discharged into intertidal and marine waters, the fine sediment blankets the aquatic habitat smothering plants and animals. The sediment clogs the gills of fish and reduces light penetration which effects natural ecosystem processes such as photosynthesis.”

Wollongong City Council fined the Seacliff developers, Wombarra Vista Pty Ltd for deliberately pumping the sediment filled run-off across the Coledale rock shelf. But despite the fine, residents say the water pollution events have continued.

The EPA’s Protection of the Environment Operations Act 1997 No 156 states that the penalty for water pollution offences for corporations is up to $1,000,000 for the first offence and up to $120,000 for each day the offence continues. For individuals the penalty is up to $250,000 and $60,000 per day for continuing offences.

But with more than 20 serious flooding and water pollution events documented at the Seacliff site since December,  Wombarra Vistas Pty Ltd have been fined a total of just $8,000. Residents say they are now witnessing “an ongoing environmental disaster”. They want to know why the developers are not being fined for each pollution event as per EPA rules.

In March 2021 the Seacliff development was given the go ahead by Wollongong City Council despite the site’s only storm water drain being undersized, severely damaged and unfit for purpose. Residents warned in their submissions at that time, that removing trees and top soil from the site could cause serious run-off from the development which could threaten properties and cause environmental damage.  They have been asking for urgent action to be taken by council and the EPA.

The pristine coastal environment from Wombarra to Coledale is normally teeming with life including a colony of weedy sea dragons unique to the reefs along the Wollongong and Shoalhaven coast.

18 MARCH 2022

EPA ISSUES STATEMENT

A NSW Environment Protection Authority (EPA) spokesperson said:

"Under NSW environmental legislation, Wollongong City Council is the appropriate regulatory authority to respond to the Wombarra site.

"The EPA has been liaising with Wollongong City Council about this matter and has offered to assist if needed.

"EPA understands Council has been managing this issue.  They have fined the site operator and required a series of measures be implemented.

"The Wombarra site is not operating under an EPA licence and therefore falls under the regulatory control of Wollongong City Council."

RADIO COVERAGE

Wombarra's David Roach appears on local ABC radio show Mornings with Nick Rheinberger to discuss the pollution testing findings. The Save Thirroul Village group shares the interview on its news page.

19 MARCH 2022

Resident Brian Murphy sends a detailed letter outlining pollution events to Wollongong City Councillors, state and federal MPs.

23 MARCH 2022

WOLLONGONG CITY COUNCIL ISSUES MEDIA STATEMENT

“Council has undertaken enforcement action against the contractor. Additionally, Council has been attending the site regularly to collect evidence around compliance with stormwater controls.

"We will continue to monitor the situation to determine if further action from Council is required in accordance with our Compliance and Enforcement Policy and whether an escalation of Council actions is warranted. We’ll also continue to liaise with the contractor to ensure environmental impacts from the site are minimised.

"We can confirm that the contractor at the excavation site 632 Lawrence Hargrave Dr at Wombarra was initially fined by Council in late February. The fine was $8000 in accordance with the NSW Government’s Protection of the Environment Operations Act 1997 for pollution of waters. Council is investigating recent concerns raised by the community and will consider issuing additional fines. Council is also exploring additional legal mechanisms aimed at rapidly improving the existing soil and erosion controls.

"Council engineers have investigated reports that part of the cliff may be slipping near the outlet pipe. The coastal cliff face has been impacted by high seas, and the failure that has occurred is evident in many areas up and down the coast. Transport for NSW (TfNSW) have stormwater assets in this area and they have advised that they have been inspecting these assets. Council will continue to liaise with both the residents and TfNSW.”

"We would also like to provide a correction in response to the press release provided."

QUOTE FROM PRESS RELEASE: “In March 2021 the Seacliff development was given the go ahead by Wollongong City Council despite the site’s only storm water drain being undersized, severely damaged and unfit for purpose.”

CORRECTION: “The drain is a Transport for NSW (TfNSW) asset (not Council’s).  The development was approved via consent orders through the NSW Land and Environment Court. The developer is seeking amendments to the stormwater plan and are intending to decommission the stormwater line, with TfNSW’s support.”

25 MARCH 2022

Heathcote MP Lee Evans confirmed he had received letters from residents regarding the pollution events in Wombarra. "I have referred them to Wollongong Council who are the overseers and managers of issues related to a development application – this issue included," Mr Evans said.

1 APRIL 2022

'LIKE A RED WATERFALL'

An opinion piece by local resident David Roach is published on page 40 in the Flame's April 2022 edition and available to read in full here. The article was written after another flooding and pollution event on the morning of Saturday, 26 March 2022.

TRANSPORT FOR NSW STATEMENT ON STORMWATER PIPE

On 1 April, a Transport for NSW spokesperson said:

"Transport for NSW has worked closely with the developer of the Wombarra Vista development to obtain long-term improvements to the stormwater drainage in the vicinity of the project.

"The stormwater will be redirected through a new pipe running under the footpath of Lawrence Hargrave Drive to the existing creek opposite the lower entrance to Coledale Hospital.  Once this new drainage line is operational, the old line will be decommissioned.

"Adjustments to the road surface and the associated drainage will reduce the frequency of flooding and overtopping of the road in this location."