Wastewater storm in Venus Bay

SOUTH Gippsland Shire Council is caught in a social media storm after operators of Venus Bay’s The Cavity Restaurant & Bar were this week forced to halt trading, but council is adamant the move was essential due to a catastrophic failure of the building’s wastewater system.

“Council issued a Prohibition Notice and an Improvement Notice pursuant to the Environment Protection Act 2017 to the landowners of 114 – 116 Jupiter Boulevard, Venus Bay; the above notices restrict the generation and discharge of wastewater at the property until the onsite wastewater issues are rectified,” council CEO Kerryn Ellis said. 

“This action was taken after inspection and independent analysis revealed the wastewater system that services the property had suffered catastrophic failure and was presenting an unacceptable health risk to the community and the environment.”

The CEO stressed that council has previously communicated reservations about the ability of the onsite wastewater system to effectively manage the volume of wastewater being collectively generated from the property, which is shared with other businesses.

Ms Ellis also said that council has actively advocated to the State Government to consider the installation of a sewerage system in the Venus Bay Commercial District.

The Sentinel-Times reported in January this year regarding council’s concerns about the wastewater system relied on by The Cavity, with that issue raised during a dispute over carparking spaces reclaimed by council after the end of a special COVID outdoor dining dispensation period. 

“Council is concerned that the wastewater system is at risk of overload, which would cause it to fail, and if a septic system fails it can have serious health implications and be very costly to repair or replace,” it was stated.

It was noted that in a situation where a septic tank is shared between businesses, the impacts would be experienced by all users.

The building contains five shop spaces although not all are currently occupied.

In relation to the current situation, Ms Ellis detailed the reason for the action taken and the public safety implications.

“To maintain safety and to ensure raw sewerage is effectively contained, wastewater cannot be generated or discharged from the property until sewage issues are resolved,” the CEO said.

“Council has not taken this action lightly; however, on this occasion there is no alternative.

“Council will continue to work with the landowners and the impacted businesses to search for a feasible, and compliant solution.” 

The Cavity has received strong public support on its Facebook page after posting about the situation on Tuesday, September 19, with many respondents making comments attacking council.

Council provided the Sentinel-Times with a timeline regarding the wastewater issue.

It states that council wrote to the Owners Corporation responsible for 114 – 116 Jupiter Boulevard in June 2020 expressing ongoing concerns related to the Onsite Wastewater Management System (OWMS).

In July 2023, Council conducted a routine inspection at the site and noticed some abnormalities with the effluent field, including a ‘dip’ in the effluent surface.

Shortly after, council issued the Owners Corporation with a Notice pursuant to the Environment Protection Act 2017, directing it to engage a suitably qualified person to investigate the capacity, location and function of the existing OWMS. 

The Notice gave the landowners until August 22 to comply. 

An extension to this timeframe was requested and granted.

A plumber confirmed that the effluent field had collapsed, that the OWMS was no longer functioning, and the overall system had suffered a catastrophic failure, council states. 

On September 19, council issued the Prohibition Notice and Improvement Notice to the Owners Corporation preventing the use of the system until it can be repaired or replaced.

Council says it is committed to working with the Owners Corporation and their plumber to achieve a temporary solution, where feasible, to allow businesses at the property to trade, and a more long-term solution moving forward. 

The Owners Corporation and plumber will need to submit an application for a replacement system and council officers are available to work with them through the process.