An Enforceable Undertaking (EU) is a constructive alternative to prosecution. It allows an alleged offender to voluntarily enter into a binding agreement with EPA to undertake tasks to help restore the harm caused to the environment and the community. EPA has an external EU Panel for advice about the suitability of an EU.
On a number of occasions in 2011, it was found by EPA Victoria that Hallam Road Landfill had odours that travelled beyond its boundary – breaching its EPA licence. To avoid court action, EPA Victoria agreed to negotiate an EU with the landfill operator.
Some of the criteria EPA Victoria has used to determine whether to accept an EU by the landfill operator is as follows:
- · The offender must fix the problem that led to the alleged environmental breach
- · The offender must innovate to create improvements in environmental performance
- · The offender should deliver benefits to the local environment and community
- · The offender should help to drive improvements to the environmental performance of their landfill industry.
A document released by EPA Victoria outlines the agreed process of the EU between EPA Victoria and the operators of Hallam Road landfill.
