Protection of the environment operations act

http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455/s135c.html

135C Contravention of smoke abatement notices

(1) A person to whom a smoke abatement notice has been given must not, without reasonable excuse, fail to comply with the notice while the notice remains in force.

Maximum penalty: 30 penalty units.

(2) A smoke abatement notice does not prevent the emission of smoke that is not excessive smoke.

(3) In any proceedings for an offence under this section, a document signed by the authorised officer of an appropriate regulatory authority who issued a smoke abatement notice certifying that the officer had, at a specified time and place:

(a) observed a plume of smoke being emitted from a chimney on or in premises specified in the certificate for a continuous period of not less than 10 minutes, and

(b) observed during that period a plume of smoke extending at least 10 metres from the point at which the smoke was emitted from the chimney for a period of not less than 30 seconds,

is evidence of the matters so certified, unless the contrary is proved.

Compounding effects of smoke exposure?

I was speaking with a resident and she mentioned that she could smell and feel smoke particles in her throat and chest as a result of wood burning activity at Artichoke woodfire pizza, 6 The Strand Penshurst.

This got me thinking where current TV ads run by the government re-enforce a message that every cigarette is doing you damage and combined with the information I found online that shows wood burning smoke discharge contains over 100 chemicals found in cigarette smoke.

http://www.esc.nsw.gov.au/site/Publications/Strategies/PolicyReg/LivePolicyDocs%5C2088.pdf

I will quote again from this document.

Many of these compounds are common with those seen in tobacco smoke or car
exhausts. In fact, over 100 chemicals found in cigarette smoke have also been
identified in woodsmoke.

 This is quite disconcerting as when you tie in another thread of passive smoking. Which is one reason why many premises no longer allow smoking indoors.

So clearly what is alarming are the compounding negative health affects after years and years of being exposed to the discharge of smoke from six days of commercial wood burning activity. This is not just a one of infrequent event such as a once per month BBQ.

If this is activity and level of waste discharge is ongoing I believe we need to have records of how much wood is being burnt, we need to record the particulates being emitted, we need to understand if there is a safe limit of six days per week of passive wood fire smoke inhalation. And what is the responsibility of the emitter of pollutants to affected parties.

A cigarette tobacco weight is approx 1 gram. We are well aware that the smoke from this one gram of tobacco being burned can travel a significant distance. The hundreds of kilos of wood being burned six days per week is a daunting statistic to consider. Especially as I am in the position of being a home buyer and plan to be here for the long term. We have residents in my building who have lived here happily for over 20 years some in excess of 25 years.


Best Regards
Mark Koscak

Contacting Kogarah council

Hello everyone,

To contact Kogarah council (our clean air is worth fighting for)

email: mail@kogarah.nsw.gov.au

Ph: 02 9330 9400

Location: 84 Railway Parade, Kogarah. (just down the road from Kogarah station)

Best Regards
Mark Koscak

The great people at Kogarah council

Hello everyone,

I took a half day off work and have been down to council premises at 84 Railway Pde Kogarah. They are very helpful people who are interested in helping affected residents and the proprietor of Artichoke Pizza.

I have been told (verbally not in writing) that council has powers to ensure the activities of 6 The Strand Penshurst or Artichoke Pizza do not impact residents negatively. There are clauses in the Development Application that must be adhered to pertaining the impacts of business activity on external parties namely local residents in the smoke discharge zone.

We MUST voice our concerns to council on an ongoing basis especially when smoke events occur. I have spoken with many of you and there appears to be eight of us that are significantly impacted.

One suggestion has been to draft a template letter or a few different templates noting the various negative impacts of the effluent from wood burning activity  and when these events occur, we must write in to council to make them aware and they can follow up regards firstly compliance and secondly alternative arrangements that would bring long term relief to affected residents.

Thank you all.

Best Regards
Mark Koscak

Legal eagles and costs

Hello everyone,

I have spoken with a solicitor he says the best option is to work closely with council and ensure that the discharge from the flue is compliant and that the development meets council regulations.

The decision to take the owner to the Land of environment court is likely to cost 20-30K and if the case is lost paying the other parties court costs. Taking this route would mean that we would have to build an ironclad case otherwise it could be very expensive or $60,000 or more on the losing side the other extreme could be that we paid $0 in costs.

Best Regards
Mark Koscak

Development application documents

Hello everyone,

There may be legal requirements prohibiting wholesale replication of development application on this blog. I will reference this material so that we may discuss it.

There is a search page for development applications
http://www2.kogarah.nsw.gov.au/datrackingui/modules/applicationmaster/default.aspx?page=search

If you type in the application number first

• 240

and then type in the year

• 2011

Click on search it will display the relevant documents.

In the DA there is a statement of environmental effects, I believe that it contains information that is not factually accurate.

Point 2. What (if any) waste products, odours or noise will be produced by the proposed development?

A. Normal general waste. There will be some smoke produced when starting the woodfire oven. The odour will be of pizza which is a pleasant smell.

Point 6. How will the proposed development affect local air quality or water quality.
A. No effect.

Some building regulations

Hello everyone,

I am concerned with the negative effects of the pollution being emitted from the solid fuel burning activity of commercial premises at 6 The Strand Penshurst. I am searching for building regulations as it seems unreasonable to locate the emission of exhaust gasses at almost the same level as residents windows.

To this end I have found
http://www.esc.nsw.gov.au/site/Publications/Strategies/PolicyReg/LivePolicyDocs%5C2088.pdf

It is interesting to note below the white smoke that all of us can attest to is a result of unburnt particles also consider point (f) of section 5 External Requirements - General

Solid fuel burning in the home provides an effective economical and attractive method
of heating. However the installation of solid fuel heating devices has the potential to
create significant problems with respect to fire hazard, environmental pollution and
nuisance to adjoining properties.

Pollutants in woodsmoke include:
1. gases such as carbon monoxide
2. organic compounds, including air toxins
3. fine particles, formed when unburnt gases cool as they go up the chimney; in the
air, these can be seen as white smoke.

Many of these compounds are common with those seen in tobacco smoke or car
exhausts. In fact, over 100 chemicals found in cigarette smoke have also been
identified in woodsmoke.

 5. External Requirements – General
The products of combustion shall discharge as not to create a public nuisance. This condition may be satisfied
by installing flues in accordance with Figures 1, 2, 3, 4, 5, 6 & 7. The flue exit and the end of the flue-pipe
casing shall both be fitted with means to prevent significant ingress of water and debris, and such means shall beconstructed and fitted so as not to significantly obstruct flue discharge and convection ventilation of the fluepipecasing, where required.

The flue exit shall be located outside the building (see Figure 2) in which the appliance is installed so that:

(a) the flue pipe shall extend not less than 4.6m above the top of the floor protector;

(b) the minimum height of the flue system within 3m distance from the highest point of the roof shall be
600mm above that point;

(c) the minimum height of a flue system further than 3m from the highest point of the roof shall be 1000mm
above roof penetration;

(d) no part of any building lies in or above a circular area described by a horizontal radius of 3m about the
flue system exit;

(e) termination of the flue system does not constitute a risk of fire to heat sensitive materials; and

(f) there is no forseen risk of penetration of flue gases through nearby windows or other openings including
neighbours windows, fresh air inlets, mechanical ventilation inlets or exhausts, or the like.