Previously, mixed waste from red bins was being sold as compost for agricultural land after being processed by the Biomass autoclave, which ‘cooked’ it and recovered organic components.

But based on a scientific report that councils have not yet seen, the EPA has declared that contaminants in the compost render it unacceptable.

The EPA’s retraction of the Mixed Waste Exemption will now require Bellingen, Nambucca, and Coffs councils to send about 12,000 tonnes per annum of extra waste to landfill.

Mayor Dominic King was left dumbfounded by the decision.

“How can processes, programs, technology types, regulations and funding arrangements actively promoted supported and approved by various arms of the NSW government over an extended period be withdrawn  with only 24 hours’ notice and no consultation with local government?” he said.

General Manager Liz Jeremy said Bellingen Shire Council had been managing to divert waste from landfill at a rate of 78 per cent in 2017/18.

“Clearly with this decision that rate stands to fall significantly, “ she said.

Mick Raby is Coffs Harbour City Council’s ​Director Sustainable Infrastructure, and he is at the centre of negotiations unfolding between Nambucca, Bellingen and Coffs Harbour City Councils, the local Alternative Waste Treatment plant (Biomass) and the EPA regarding the future processing of mixed waste organic material.

“All Alternate Waste Treatment plants in NSW are similarly affected, which means approximately 500,000 tonnes of mixed waste compost produced annually across NSW (mostly in the Sydney metro area) must now go to landfill for the foreseeable future,” Mr Raby said.

“At this stage the EPA has recommended all AWTs continue to operate as they have. The immediate change is not to stop producing the mixed waste compost, rather to keep producing it but then send it to landfill, as it is a more stable product than the untreated red bin contents.

“The EPA’s intent is to not disrupt the ongoing and existing contractual obligations between AWTs and their councils for at least the next 12 months.

“To facilitate this the EPA has agreed to pay all additional costs incurred by the parties (landfill handling costs, transport costs, etc) and have gazetted to remove the $80 per tonne landfill ‘levy’ from the mixed waste compost product.

“This means that neither Biomass nor the three councils (nor ratepayers) will incur any additional costs for the next 12 months.”

He said that window of time would be used to work with the EPA to identify a longer term solution.

“A primary objective of the councils in finding a long term solution will involve ensuring the communities continue to receive value for money.

“I would suggest that a test of whether that objective has been met in the future would obviously be that the community is not paying for something they are not receiving.”

He said while there was no warning about the ban for the councils, he understood the EPA had been conducting confidential consultations with the AWTs leading up to the revocation of the exemption.

“I understand that no NSW councils were included and that was certainly the case for NSC, BSC and CHCC. I understand why the consultations with industry were confidential – it is a very big call for the EPA to remove a waste treatment process that was advocated and supported by the EPA for more than a decade.

“However no AWT knew the actual timing of the exemption revocation and there was some shock apparent in that group when it happened.”

Gauging the collective reaction of the councils, Mr Raby said that experience had shown that all things change over time.

“We will do what we always do – we will respond, adapt and overcome. We will continue to find ways through, over, and around whatever barriers exist between our goal of 100 per cent diversion from landfill and our current position.”

Liz Jeremy said council was working through the complex regulation and contractual issues in detail with representatives of the state government and the other Coffs Coast Waste Member councils.

“At present there is and can be no change to the way in which our community disposes of their waste except to say, given the actions of the state government, that we encourage our community to focus on waste minimisation, reuse wherever possible, and ensuring our community uses the red green and yellow bins correctly,” she said.

Asked if the red bin compost was formerly sold for use on home gardens or food producing land, Mr Raby said the EPA Specific Exemption allowed it to be used only as a soil enhancement material on grazing lands. 

“It has never been released to any use outside of that EPA limitation, that is it has not been used for food growing or for gardens of any type,” he said.