A legal battle is brewing between the council and a quarry company over the "dangerous" state of Jerrara Road, near Bungonia.
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On Tuesday, councillors decided to begin immediate legal action against Multiquip Quarries for its alleged failure to meet 2009 consent conditions linked with its operation, 4km from the village.
The company rejects the claims and says it's considering its position.
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General manager Warwick Bennett said the council had become "very frustrated" over Multiquip's "delaying tactics" which were stalling what he described as essential repairs on the 18km Jerrara Road and Oallen Ford haul route.
"It is the community who is suffering because of the significant deterioration in the road. Multiquip's (alleged) lack of action to undertake the repairs they are legally required to do is unacceptable" Mr Bennett said.
Operations director Matt O'Rourke warned in August that the road's condition was an urgent matter of public safety with 30 "high risk" areas revealed in an audit.
These included broken pavement and road shoulders.
A January geotechnical investigation had indicated "inadequate drainage, low quality gravel replacement and low strength sub-grade layer." Mr O'Rourke said Multiquip's own geotechnical report concluded the thoroughfare was in "fair to very poor condition."
Residents have also complained about its state, resulting in a speed limit reduction from 80km/h to 60km/h.
In August, the council gave the company until September 27 to repair the priority areas, estimated to cost $1.8 million.
The council was to also enter negotiations to fund the repair itself but recoup the money from the company over five years through additional section 94 levies. This is being drafted.
But this week Mr Bennett said immediate action was needed to correct Multiquip's "sub-standard" initial work.
"The shoulders of the road continue to deteriorate, and we do not feel that it is acceptable for the community and road users to continue to have to deal with this," he said.
The GM claimed that while Multiquip had provided initial documentation for the repairs, this had not been updated.
Mr O'Rourke told The Post that the technical considerations for various work along the route were not "progressing in a timely manner."
"Every element needs to be well considered, be appropriate for the site and offer a durable outcome...so we're not going back in a few years to repeat the work," he said.
"The damage is not insignificant and the longer we leave it, the worse it will get. I also have an eye on the increased traffic over the summer months by people travelling that road to the south coast. Those unfamiliar with rural roads can find it problematic and hazardous."
Mitigation measures such as a reduced 30-tonne load limit and single-lane traffic near damaged road shoulders were being considered. In the meantime, the council has engaged a contractor to undertake further temporary pavement repairs.
But Multiquip managing director Steve Mikosic criticised the council's decision.
"We'll consider our situation and respond in due course," he said.
"(The council) is now threatening legal action so we won't go any further (with roadwork plans)...They are being very silly about the whole thing."
He argued it was the council, not Multiquip, delaying the process because it "kept changing its mind" on how the work should be done. His team was ready to go but until this was settled, nothing could start, he said.
Mr Mikosic claimed the company had undertaken everything required and always accepted responsibility to repair failures. However he was not going to re-bitumen the road as he said the council wanted.
"We don't have the funds (estimated to be $3.5 million) for that. It's a council road so they should pay for it," he said.
"...The threat of legal action doesn't wash with me. At the end of the day there will be no winners."
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Louise Thrower
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
