The former Blackburn Road Caltex and Jonkan and Jonkan Dynamotive petrol stations are yet to agree on who should clean-up the two contaminated sites – more than 15 years after the groundwater contamination was identified.

Greens Western Metropolitan MLC Colleen Hartland said the case was a classic example of issues identified in a recent Victorian Auditor-General’s report which criticised the process for cleaning up toxic sites.

‘‘There is a lack of co-ordination between the authorities, gaps in the legal framework and lack of clarity on who is responsible, so toxic sites are being left in a dangerous state,’’ she said.

Ms Hartland will refer to the Blackburn sites when she responds to the Auditor-General’s report when Parliament resumes in February.

‘‘This site has all of those elements – two toxic sites side by side, and one is recontaminating the other because there is no co-ordination in the clean-up. The companies are being left to argue amongst themselves instead of being made to take action,’’ Ms Hartland said.

She said the EPA had limited enforcement powers which allowed petrol companies to get away with inaction because the fines and penalties were not high enough to scare them.

Fresh negotiations between the two parties began last week, Jonkan and Jonkan Dynamotive owner Paul Kannegisser said through his lawyer, Tony Caillard.

In December, MW reported Jonkan and Jonkan Dynamotive had breached the EPA’s order to submit a clean-up plan and risked a fine of $293,136. But in January, EPA spokesman Simon Frost said the EPA would not pursue the fine.

Mr Caillard said his client hoped a mutual commitment to form a single clean-up plan could be reached in the coming weeks.

Caltex spokesman Sam Collyer said Caltex was committed to starting the clean-up of its site in July.