A requirement under Part 5.7A of the Protection of the Environment Operations Act, 1997 (the POEO Act) imposes an obligation on holders of environmental protection licences to prepare and implement a pollution incident response management plan for each licensed activity. 

Offences associated with not preparing the plans or keeping plans at the premises, not testing a plan in accordance with the regulation and not implementing a plan when an incident occurs apply. 

Clean Earth Tyre Recycling Pty Ltd encourages tyre recycling and gradually develop a more beneficial reuse of tyres. At present the business is in its infancy and is focused on shredding tyres and obtaining tyres suited to re‐treading. Clean Earth Tyre Recycling Pty Ltd has approval to operate a tyre recycling facility at 98‐102 Links Road St Marys in the Penrith local government area. Up to 15,000 tonnes per annum of tyres are to be processed and a maximum of 50 tonnes of rubber stored on site at any one time. 

Clean Earth Tyre Recycling Pty Ltd holds an environment protection licence number 20767 under the POEO Act to recover and process (by non‐thermal treatment) waste tyres as well as for the storage of waste tyres at their site in St Marys. Clean Earth Tyre Recycling Pty Ltd therefore has an obligation to prepare a pollution incident response management plan (PIRMP) under the Act. 

The objectives of the PIRMP are threefold: 

· To ensure timely and comprehensive communication of a pollution incident to staff, relevant authorities and all other stakeholders affected by the impacts of the pollution incident; 

· To identify risks and develop actions to minimise and manage these risks; and 

· To ensure the plan is implemented by trained staff and regularly tested for accuracy, currency and suitability. 

Requirements for inclusions in a pollution incident response management plan are stipulated in the Protection of the Environment Operations (General) Amendment (Pollution Incident Response Management Plans) Regulation 2012 and Part 5.7A of the POEO Act. 

The NSW EPA have also prepared Environmental Guidelines: Preparation of Pollution Incident Response Plans. This Pollution Incident Response Management Plan has been prepared in accordance with the POEO Act, Regulation and the guidelines. 

This plan needs to be put in place prior to the site becoming operational. Reference to Site’s Emergency Plan and Environmental Management Plan has been made throughout.