The land at Cockle Creek was selected as an industrial prospect in 1897 by the Sulphide Corporation for the construction of a smelter based on the ideas of a young electrical engineer, Edgar Ashcroft. The site was perfect because it had rail access, harbour facilities, a good supply of salt and fresh water, was near coal deposits and at the time Cockle Creek was an isolated area with no nearby communities.
More than 800 men were reported to have worked on building this first major industrial plant in the Hunter Region. Only a few months after opening in March 1897, it was decided the concept was not economically viable and the smelter was converted from zinc to an orthodox lead smelter. In 1912 sintering machines were installed. A sulphuric acid and superphosphate plant was commissioned in 1913, followed by a Mond gas producer plant to produce coal gas for fuel, fuel oil and tar. In 1917 a full-scale lead refinery was constructed and during World War I the corporation was one of the largest industrial plants in NSW, recording its highest lead production in 1915-16. The smelting section of the works was closed in May 1922 after the post war change of fortunes. This resulted in an expansion of sulphuric acid, superphosphate and mixed fertilizer plants. It was also known to have produced cement and roasted zinc concentrates.
To maintain its workforce and production after the depression, the Cockle Creek plant was declared a 'protected industry' in the early 1940s. The now equivalent of $6 million was invested in 1949 to double sulphuric acid production and to return to zinc production.
It wasn't until the 1950s that environmental concerns surfaced and a major tree planting exercise was undertaken on Munibung Hill. In 1961 plant noise aroused protest and a petition to have the noise eliminated was presented by Councillor Harrington to the public gallery of Lake Macquarie Shire Council on 31 July 1961.
The Clean Air Act was legislated in the 1960s and this period saw growing concern about pollution at the Sulphide Corporation's smelter. By this time the smelter was up and running but the re-commencement of lead smelting did not proceed without community protest. Mr Oz Andenberg, a science teacher who had worked at Broken Hill (another lead contaminated town in NSW) headed a campaign against the move to upgrade the plant to a smelting facility. His warning was given little regard and the next thirty years saw the smelter produce lead and zinc with minimal pollution control.
In 1972 thousands of people in the suburbs around Cockle Creek had reported being effected by the plant's fumes. Residents were generally unaware that the lead fumes were harmful. "A company spokesman said pollution levels were taken daily and medical tests on employees taken regularly". The General Manager of Sulphide Corporation, Mr A.T. Thomson, further stressed this point. "Because of the procedures adopted in monitoring emissions…we believe adequate precautions are being taken and nobody's health is being threatened".
Councillor MacDonald said publicity associated with a report by the Department of Health's Division of Occupational Health and Pollution Control was intended to cause industrial unrest in the shire. MacDonald went on to allege that recent publicity had been used by a faction of the trade union movement for its own ends.
The Secretary of Newcastle Trades Hall Council (NTHC) responded by saying this was incorrect, and MacDonald's statements were an attempt to interfere in the internal actions of the trade unions. NTHC then called a public meeting attended by 200 people to discuss lead pollution in areas adjacent to Sulphide Corporation's works at Cockle Creek. Mr B Fenelon, a lecturer in psychology the University of Newcastle said that "…if the Sulphide works proved to be a health hazard then the future of people employed there and residents would have to be taken into consideration". Mr Miller, President of NTHC, said there was no move by unions to close Sulphide but they wanted steps taken to ensure there was no dangerous fallout from the plant. The meeting decided to condemn the shire president, Councillor MacDonald, for advising the public not to attend.
The Health Department was to make lead contamination tests on Boolaroo residents in July 1972. The Medical Officer of Health in Newcastle, Dr B Nolan, said "the danger level of lead contamination is variable and each reading will be taken on merit". The results were to be passed onto the Division of Occupational Health.
In August 1972 Mr Jago, Minister for Health, released a report on a continuing survey to ascertain the degree of atmospheric and soil pollution in the area. The report was prepared form the results of investigations conducted by the Division of Occupational Health and Pollution Control of the Health Department.
This study concluded that 6% of children tested had a blood lead level greater than the recommended level of 25mg/dL. The Health Commission reassured the community by saying this result confirmed lead was not a major concern. The General Manager of Sulphide, Mr Thomson, said "…the most important conclusion in this interim report is that no cases were found of high lead absorption and pathological tests indicated no individuals health was adversely affected by lead". The production rate at this time was approximately 80,000 tonnes of zinc, 32,000 tonnes of lead, 180,000 tonnes of sulphuric acid, 3,500 tonnes of copper sulphate, 500 tonnes of cadmium and 70 tonnes of selenium every year.
In June 1982 the General Manager of Sulphide Corporation, Mr W.R. Burrow, said that the Health Department survey in 1972-73 showed there was no reason for concern. "[W]e have continued to upgrade the smelter to improve the environmental position".
A year later, however, an article published by the State Pollution Control Commission (SPCC) in 1982-83 told how lead pollution levels recorded at Boolaroo were the highest in NSW. The SPCC said that the particularly high levels of lead pollution at Boolaroo were caused mainly by "local industrial emissions", rather than motor vehicle emissions. This article caused concern among local residents. Their concern was raised further in 1988 when Newcastle doctor, Andrew Zdenkowski, spoke of the high incidence of respiratory illness in the Boolaroo, Argenton and Teralba areas. He observed that between 1980 and 1988 one in every five patients treated in his Boolaroo surgery had some form of breathing illness such as asthma, wheezing and bronchitis. Doctor Zdenkowski claimed the pollution from Cockle Creek chemical factories was a contributing factor, and noted the problem was worse than it was for the patients he had seen in his Warners Bay surgery during the same time.
Mrs Elizabeth Kirkby, leader of the Australian Democrats in NSW, stated that she was concerned about the safe standards of lead levels at Cockle Creek. She said that the Sulphide Corporation had spent a lot of money on pollution control over recent years and a study should be carried out to gauge the effectiveness of that work.
In 1989 the SPCC conducted its annual review into lead levels. The results of the study were not released until 1991 and showed that the maximum lead levels at Boolaroo were up to five times the National Health and Medical Research Council (NHMRC) goal.
SPCC Regional Manager, Mr Alan Crapp, was reported as saying, "…many of the pollutants are at levels we shouldn't be complacent about. Heightened lead levels were most likely to be a health issue, being of particular concern in children". Mr Crapp also stated that while Pasminco had been working to lower lead emission levels, the air pollution levels had not changed significantly because the earth around the smelter was also contaminated and he did not know of anything to reverse this.
On release of the 1989 figures, Greenpeace's toxic campaign coordinator, Lynette Thorstensen advised direct action against Pasminco would not be ruled out.
The General Manager of Pasminco, Mr Alan Roberts, said in a written statement that the company had spent $11million in 1989/1990 and had reduced lead emissions by 34%. They intended to spend a further $40million to increase production and environmental controls which would further reduce other sources of lead emissions.
Meanwhile, Public Health Unit (PHU) testing had begun. The Hunter Area Health Service was to test the lead levels in children aged one to four years and hoped to have indications of whether the lead levels in Boolaroo were having an adverse effect. Public Health Unit director Dr John Stephenson said that there had been a positive response to testing from the community, with a 90% participation rate. Of children aged one to four years tested in 1991, 6% were over the NHMRC level of concern, 25mg/dL.
Boolaroo Parents and Citizens Association president, Karen Halliday, said parents were concerned about school aged children. The study was then expanded to include school-aged children and pregnant women.
Courtesy of Peter Lewis and the Newcastle Herald.
Towards the end of 1991, after a sulphur trioxide spill, residents of Boolaroo and Argenton had become 'fed up'. This incident, plus the news of the high blood lead levels in children, sparked many locals into action. Stephen Gorton, an Argenton resident, said that the residents did not trust the results of the self-monitoring on emissions provided to the SPCC. Stephen brought together those concerned and, on 26 August 1991 at the house of Lyndall Hinds, the group NOLEAD (North Lakes Environment Action Defence) was formed. They planned a public meeting at Boolaroo. Greenpeace would address the meeting and announce its support for NOLEAD. The group also gained the support of URGE (United Residents Group for the Environment).
Under the Freedom of Information Act, with help from Greenpeace, NOLEAD obtained the EPA annual discharge licence levels:
- 2.2 tonnes of lead
- 2.2 tonnes of zinc
- 2.2 tonnes of selenium
- 1.8 tonnes of cadmium
- 22 kilograms of arsenic
- 2.2 kilograms of mercury
Since NOLEAD started fighting the licence, the discharge has been cut by 89%.
The goal for lead in the air is 1.5 micrograms per cubic metre (mg/m³) but NOLEAD had found that Pasminco actually produces an astonishing 6mg/m³. However, when the media was informed of this the level plummeted down to the recommended level. This is not prosecutable.
1991 also saw a $40million environmental safety plan to improve facilities over the next five years. It was called an 'Asset Modernisation'. This was to include an increase in production. The plant would also be able to accept a wider range of ore and new scrubbers would be fitted to the furnaces. The move was generally represented as a win-win situation, and Pasminco could offset the cost of environmental improvements by increasing production.
Pasminco announced it would approach the expansion in two phases involving separate development applications. This had the effect of bypassing the classification of designated development for the proposal, which automatically requires an Environmental Impact Statement (EIS). NOLEAD's fight shifted in an attempt to force Pasminco to undertake an EIS.
NOLEAD lobbied local members. The Member for Wallsend, John Mills, and the Member for Lake Macquarie, Jeff Hunter, subsequently called on the government to conduct an EIS before expansion at the Pasminco plant was allowed to proceed. Mr Hunter said an EIS would help "…allay fears of people in the local community" who feared the increased output would increase lead emissions. In March 1992 Lake Macquarie City Council told Pasminco Metals Sulphide that it was required to prepare an EIS before its $40million upgrade could go ahead.
Despite the hazardous nature of the plant, the council approved the first stage without an EIS. The second stage, however, was then classified as a Designated Development and Pasminco announced that it would do an EIS. A Commission of inquiry was also called for.
On 29 May 1992 residents were informed by letter that the company had approved 'in principle' the funding of a buffer zone. Pasminco offered to buy 51 homes in the area between First and Third Streets with a long term aim of 'greening' the area as a buffer zone adjacent to the plant.
Pasminco's site services manager, Mr David Sinclair, said it was possible houses bought up by Pasminco would be rented to employees, but this would be limited to people who were either single or didn't have children.
NOLEAD pressed for an independent committee and in response the Lake Macquarie Community Advisory Committee was convened by Mayor Ald Doug Carnley. It consisted of representatives from Pasminco, the Public Health Unit, Lake Macquarie Council, the Environment Protection Authority, NSW Education Department, and members of the community (including NOLEAD and URGE).It's 'Living with Lead' report was released in April 1992.
At the same time local council officers placed warnings of soil contamination (Section 149 certificates) on all properties in an arbitrary area tested by the PHU. A 149 certificate warns buyers of properties of possible lead contamination. Consequently people had difficulty selling their homes, affecting the resale value and available financing of their homes.
The schools had also been tested with unacceptable results; 81% of children at Boolaroo had blood levels between 10-14?g/dL or higher. The 82 students were to be relocated to Speers Point School to allow work to be carried out to reduce lead levels in the grounds. Rumours abounded that the NSW Department of Education wanted to close the school permanently, a move opposed by parents. The Department had already spent $300,000 to remediate lead level problems at Boolaroo and Argenton schools. Assistant Director-General for School Education, Mr Alan Beard, said the decision to move the students was based on advice from the NSW Health Department. Education Minister Virginia Chadwick assured parents the students could return to Boolaroo Public School when clean-up work was completed to the satisfaction of the Department of Health. It was finally decided, in the best interests of the children, that they would move, and clean-up work began in October 1992.
Mothers who oppose the relocation of their children
to Speers Point Public School
In June 1993, after a campaign by NOLEAD, the NHMRC moved to bring Australia in line with the 1991 US standard and lowered the blood lead level of concern down to 10mg/dL. The new target levels meant that tests that had been borderline before would now show up as high. The 1992 PHU report showed 67% of children aged 0-13 years had a blood lead level exceeding this NHMRC target. The same report highlighted widespread soil contamination with 70% of samples having lead levels above the level for further investigation, 300 parts per million (ppm).
The PHU, Lake Macquarie Council and Pasminco combined to open the Environmental Health Centre in Boolaroo on November 26 1992. The centre provided counselling and information on reducing lead risk. The EPA's Community Liason Officer conducted free soil testing and a nurse performed blood tests. NOLEAD spokesperson Theresa Gordon said that "…while the centre is a positive move we insist the centre not merely teach people to 'live with lead'".
Yet an intensive campaign to educate residents on 'living with lead' was conducted. Many behavioural guidelines and cleaning practices were taught in an aim at protecting families from lead dust. Some people felt that if your child had high blood lead levels you must be dirty or a bad parent.
Pasminco commisioned an independent EIS in August 1992. In 1994 they submitted the EIS to the then Department of Planning in relation to the upgrade of the smelter. A Commission of Inquiry was called by the Minister for Planning, Mr Webster, to determine the environmental aspects of the upgrade. The inquiry commenced on January 10 1995.
Pasminco was seeking consent for work completed between 1986 and 1993 and also sought consent for phase 2 of the proposed expansion and improvements. The Commission recommended the development be approved in November 1995, subject to a string of environmental conditions including reducing pollution, increasing pollution monitoring, restoring public and private lands contaminated by pollution and expanding community consultation.
Official tests revealed high lead levels in the soil of 94 of the 100 homes tested. The level of concern is 300 ppm (parts per million). Two of these homes had levels of above 5000 ppm. The North Lake Macquarie Remediation Management Committee began a comprehensive remediation plan to address blood lead levels among children in July 1996. The chairman, Mr John James said that the program would target 18 homes where children's blood lead levels exceeded levels set by the NHMRC in a $300,000 lead remediation programme. Residents would be relocated while dust was removed from ceilings and carpets and cracks sealed to try and prevent re-contamination. During 1998/99 a total of 200 homes surrounding Pasminco underwent remediation. The EPA, NSW Health and Pasminco have committed nearly $5 million to address the issue.
Courtesy of Peter Lewis and The Newcastle Herald.
A socio-economic assessment of the buffer zone was undertaken by Pasminco in 1996 as required by the Commission of Inquiries Conditions of Consent. This was to guage community attitudes to alternative uses for the buffer zone. The policy option most supported by the total community was to demolish the houses and green the area. This attracted a high level of opposition from buffer zone residents.
Greening of the areas adjacent to the smelter began after approval of phase 2 of the expansion in line with environmental conditions identified. Work undertaken began with planting 20,000 trees on Munibung Hill in 1995. Draft recommendations based on the results of a survey conducted by the Hunter Valley Research Foundation suggested the demolition of homes in the First Street portion of the buffer zone and construction of an earthen mound to reduce the impact of operations in this area. Plans went to the Department of Urban Affairs and Planning and in early 1999 the mound was established. During the last year Pasminco planted 3,000 trees into 2 lead dust barriers between the smelter and Argenton.
The EPA was shown evidence that blood lead levels in children remained high despite house remediation, greening and constant cleaning, The NHMRC goal for children for 1998 was no more than 10% of children from 1-4 years should have blood lead levels above 10mg/dL. This goal was not achieved. The percentage of children 1-4 years with levels of 10mg/dL or above continues to decrease from 88% in 1991 to 40% in 1999. The PHU released results of blood lead monitoring for 2000 showing that the percentage of children under 5 with levels over 10mg/dL had actually risen to 47 %. The current goal for blood levels is that no children be above 10mg/dL.
Although the anti-pollution campaign against Pasminco has mostly focused on lead, the smelter "…faced closure because of its consistent failure to meet World Health Organisations (WHO) goals for sulphur dioxide emissions." A health risk assessment in 1998 found that cadmium and arsenic emissions posed a cancer risk of 1.67 in 10,000 people." Currently the smelter is facing pollution fines of $250,000 over a massive mercury spill into Lake Macquarie on April 4 2001.
Weighed down by low zinc prices and business practices Pasminco went into voluntary administration in September 2001 with debts of up to $3.4 billion.
A CASE STUDY
In 1990 Roslyn Cook and her husband decided to buy a home in Fourth Street, Boolaroo. They had never heard of any official concern about the possibility of health effects from the Pasminco Metal Sulphide zinc and lead smelter located on the far side of First Street, Boolaroo, three streets away. In November 1990 they moved in with their two children, Noel 11, and Jessica 4.
Later that same year, a public Health pilot study revealed a significant lead contamination problem in the area. At this time Noel and Jessica's blood lead levels were tested along with those of other children in Boolaroo. After only four months of living in Boolaroo, Noel's blood lead level was 17mg/dL, and Jessica's was 18mg/dL. At the time, the NHMRC level of concern was 25mg/dL. Since then the goal that has been set is for all Australians to be below 10ug/dL.
In July 1992 Roslyn's third child, Samantha, was born. It was never suggested to Roslyn while Samantha was an infant that her blood lead should be tested.
In 1992 Pasminco, wanting to expand its operation, voluntarily purchased some of the homes closest to it as a buffer zone. The buffer zone consisted of the residential area directly south of the plant, and included First Street, Second Street and one side of Third Street. The Cooks' home, located in Fourth Street on the rise of the hill directly opposite and facing the smelting furnace rooms, was excluded from the buffer zone.
In August 1995, Samantha, aged 3, had become generally unwell, with symptoms including lethargy, stomach pains, loss of appetite, constipation alternating with diarrhoea, and a high temperature. She was experiencing respiratory problems, which necessitated the use of a ventilator, and coughing up extremely thick mucous. She was tested at John Hunter Hospital for whooping cough, but these tests proved negative. By December 1995 she had lost the use of her legs, which were swollen and covered in bruises.
Samantha was referred to a paediatric specialist, who was unable to see her until January 1996 by which time the swelling and bruising had subsided. He could offer only a diagnosis of 'fleeting viral arthritis'. When bone scans showed possible lead lines in her bones, blood lead tests were ordered. These showed Samantha's blood lead level in July 1996 to be 34mg/dL.
By December 1996, Roslyn's meticulous house cleaning had brought Samantha's blood lead level down to 30mg/dL. Her gruelling daily regime included vacuuming the entire house with a vacuum fitted with a HEPA filter, then washing the floors and wet-dusting all surfaces, while trying to keep her hyperactive daughter inside the house in order to avoid further contamination. During December, the Cooks' home was remediated. Lead ceiling dust was removed from the roof cavity, all wall vents were sealed, and gaps between skirtings and floors were sealed. Carpets were removed, and the house vacuumed with a HEPA filter vacuum cleaner. The yard was top soiled with 10mm of fresh soil.
After the remediation, Samantha's blood lead level went up to 32ug/dL. The Cooks were understandably distressed. Desperate to get Samantha away from Boolaroo, the Cooks put their house on the market. They had asked Pasminco four times to buy their house. Pasminco refused on the grounds that the house is outside the buffer zone. Roslyn went to local newspapers with her daughter's story, hoping that somehow publicity would draw attention to their plight. Instead she received anonymous rape threats from "voices muffled on the phone", and threats to her horses agisted nearby. Fishing hooks, broken glass and metal screws were found in the horses feed, and the paddock fences were cut. Her daughter's horse died in strange circumstances one night.
By July 1997, seven months after remediation, Samantha's blood lead level had gone down to 24mg/dL, but tests showed that dust on the front wall of the house, which had been completely repainted after the remediation had lead levels of 5935mg/m². This is the same wall that prior to remediation had registered a lead level of 2974mg/m².
Although the acute symptoms of her illness passed, Samantha had been left with learning difficulties, behavioural problems and sleep disorders, all believed to be symptoms of lead poisoning. In spite of Roslyn's heroic efforts, Samantha's blood lead level did not come down at all. At the 12 month Post Remediation stage, it remained at 24mg/dL. Roslyn has been told that Samantha might need to be put onto special drugs to control her hyperactivity and lack of concentration.
The Cook's home was clearly subject to serious recontamination, yet no government body or Pasminco would take the responsibility of purchasing the home. The Cook's house remained on the market for two years. Because Roslyn insisted that it not be sold to a young family, the house did not sell. The Cook's could see no option other than to walk away from everything. Mid 1998 they left their house and filed for bankruptcy. They now live in the country in a caravan. Samantha's blood lead level plummeted five points within three weeks of moving and is still falling.
CLASS ACTION
Sydney law firm Coleman and Greig released a statement on the last day of February 2000 calling for people to join Mrs Roslyn Cook and her eight year old daughter, Samantha, in a class action against the mineral giant, Pasminco.
The first claimants are the Cooks who lived near the Cockle Creek smelter from 1989-1998. The court will hear how Samantha's blood lead level reached 3 times the recommended safety level and that she suffered severe memory loss, brain damage, learning difficulties and respiratory problems.
A hotline was established and 600 had registered by lunchtime the first day. The statement of claim lodged on behalf of the Cooks alleges that Pasminco "wrongfully caused and permitted emissions of quantities of offensive, noxious and unwholesome smoke fumes, vapours and gases, lead, sulphur dioxide and other pollutants."
The Cooks are suing for a range of damages including medical expenses and loss of property value. They are also seeking an injunction preventing the company from continuing to pollute the environment.
Originally to be heard in the Federal Court the case was ruled out due to a lack of jurisdiction to hear the matter under the Trade Practices Act. Lawyers said they had shelved the trade practices argument and were claiming damages for negligence and nuisance in the state where Pasminco has its headquarters. The first court hearing was set for 18 August 2000 in the Victorian Supreme Court. As of December 2001, this case is still ongoing.
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