No Charges In Middle River Leak

The Department of Environment and Labour will not file charges over a leak at a septage treatment lagoon in Middle River, Victoria Co.

The leak occurred in late July 2004 and a complaint was filed on Aug. 1, 2004.

After investigating, the department concluded that charges were not warranted. The department also consulted the public prosecution office in Sydney.

The considerations behind the department's decision include:

• The operator, Island Vacuum Services Ltd., took immediate remedial action.
• The operator had exercised due diligence, as required by Section 160 of the Environment Act, before the leak occurred.
• There were no apparent adverse effects from the leak.

"The operators had conducted themselves in good faith before and after the leak," said Kerry Morash, Minister of Environment and Labour. "However, we determined after the incident that the facility cannot be operated to appropriate standards and acted accordingly."

The department revoked its approval for the facility in November 2004.

The requirements for the closure of the facility will be determined by an environmental site assessment scheduled for completion this summer.