Lead expert witness providing independent expert evidence regarding the origin, hazards, environmental impacts, and remediation requirements associated with historical coal tar wastes discovered during construction activities in Richmond
Metropolitan Fire and Emergency Services Board (MFESB)
Ken Mival was engaged as an expert witness in proceedings before the Victorian Supreme Court concerning the source, environmental risks, and liability associated with historical coal tar wastes encountered during the construction of a fire training facility. The matter required assessment of the origin of the contamination, associated environmental hazards, and responsibility for remediation of the affected land.
Ken undertook a detailed technical review of historical site information, contamination data, environmental investigations, and remediation requirements to determine the likely source and significance of the coal tar contamination. He provided independent expert opinion regarding the environmental impacts of the contamination and the costs associated with remediation of the affected area.
The matter proceeded through the Victorian Supreme Court, with judgment delivered in December 2015 in favour of MFESB. The Court concluded that the former Richmond Council (now part of the City of Yarra) was liable for the clean-up costs associated with the abandoned tar pit and contained wastes. Ken was subsequently retained to provide expert opinion regarding remediation costs, which were later resolved through out-of-court settlement negotiations in 2019.