CCL recently compensated a Beeliar family who found CCL’s lime product on their pool cover, their car and elsewhere in their yard. They were offered a $200 voucher and (we believe) a free car wash .
Congratulations are due to that family for negotiating a settlement – any settlement with CCL is quite an achievement!
We here, at Cockburn Pollution Stoppers, believe everyone in the comm unity should be compensated when CCL breaches conditions 20, 21 or 22 of its licence. (See these conditions for yourself on our website).
If you find white dust has fallen on your property and it is established that it is CCL’s quicklime product then it ha s not only breached its licence conditions but it can be alleged that they have also breached environmental protection legislation .
No one engaged in a business or commercial activity is allowed to let particulate matter (dust) into the air if that substan ce has a p H of more than 10. CCL’s product typically is strongly alkaline, having a p H of 12. The penalty for that offence is $ 5,000 [ s.3(1), Schedule 1 of the Environmental (Unauthorised Discharges) Regulations 2004].
Report this pollution to Pollution Watch by email firstname.lastname@example.org and ask them to investigate and prosecute the perpetrator. Make sure you t ake a video or photos of the “dust” to prove when and where it happened.
You may also have the right to sue CCL at common law in nuisance (subject to certain conditions) for causing you expense and loss of enjoyment of your property (loss of amenity) if they allow their product to fall on your property. You can seek compensation for:
- Expenses of having a professional cleaner remove the product and restore all of your property to its former condition [say, $500 – $1,000];
- Expenses of having to replace items which have been damaged (e.g. pool filters);
- Costs incurred in proving CCL’s product is responsible, if necessary (e.g. dust sample lab test) [This is normally $ 300 – 350 through our accredited laboratory].
- General damages for interfering with the use and enjoyment of your property if your property is regularly polluted by CCL’s product.
All of your time, trouble and expense should be compensated and negotiations starting at not less than say $3,000 – $5,000 would not be unreasonable. But don’t sign anything without getting independent advice before you settle. We can say what to look out for.
Let us know of any difficulties you have getting CCL to negotiate and we will bring it to the attention of the community .