Updated EPA Guidance on wastewater to surface water discharges

Who is affected?

The Updated Guidance is directed primarily to permission holders under the EP Act or those applying for permissions involving point-source wastewater discharges to surface waters.

However the Updated Guidance is relevant to all persons who undertake discharges to surface waters, and forms part of the ‘state of knowledge’, which refers to all the information that a person should reasonably know about managing their business’s risks. The GED requires a person engaging in an activity to take reasonably practicable steps to minimise risks to human health and the environment. This includes undertaking a risk assessment before undertaking an activity and particularly when undertaking an activity for the first time.

Our previous updates on the GED and the EP Act provide further guidance on the application of the GED.

Having a proper risk assessment framework is essential to ensure that your business is compliant with the GED. The Updated Guidance contains important information on what is required by the GED in particular circumstances, and sets out recommended procedures for undertaking risk assessments in relation to the discharge of wastewater to surface water.

As the GED requires businesses to have reasonable knowledge about the risks their activities pose, and how to address them, staying informed on the state of knowledge and industry guidelines is important. This is the case even if there is not a direct requirement to comply with the Updated Guidance set out in a permit or operating licence.

Key changes and takeaways

The Updated Guidance, like its previous iteration, continues to focus on risk management. However, it has been updated to be significantly more comprehensive and now includes examples, and new sections, including:

• Section 2.3: Prioritising discharges for risk assessment
• Section 3.1.6: Risk analysis plan
• Appendix A: Examples of conceptual models
• Appendix B: Case studies
• Appendix C: Guidance for assessing human health risk of wastewater discharges to surface waters

The 2009 Guidance applied to wastewater in general while the Updated Guidance refers to wastewater as ‘treated waste mainly consisting of water’. This may cause industry confusion as the Environment Protection Regulations 2021 (Vic) define wastewater more broadly, and do not differentiate between treated and untreated wastewater.

As the GED requires the risks of harm to human health or the environment to be minimised when any activity is undertaken, we recommend that the Updated Guidance is taken into account before the discharge of any wastewater, whether treated or untreated.

How we can assist you

If you are unsure how the updated EPA Guidance might affect your existing operations or future projects, or would like assistance ensuring you are compliant with the obligations of the GED in relation to discharges to surface water, please contact a member of our Environment and Planning team.