The NSW Environment Protection Authority (EPA) has filed a legal case over a fish kill incident near Lake Macquarie's Vales Point Power Station.

The EPA alleges that Delta Electricity, the owner of Vales Point Power Station, failed to properly maintain their chlorine dosing plant, leading to a malfunctioning valve that discharged concentrated sodium hypochlorite into the waters, causing harm to Wyee Bay.

Tony Chappel, CEO of NSW EPA, says an investigation revealed that Delta could have prevented the fish kill through proper equipment and processes. 

Delta has since upgraded their systems, and water quality in the lake has returned to normal.

The EPA's legal action is based on a breach of Delta's environmental protection licence and a violation of section 64 of the Protection of the Environment Operations Act 1997. Penalties for this offence can reach up to $1 million.

In response to the legal proceedings, Delta Electricity indicated that it had not been provided with specific details and would respond appropriately once the EPA shares the allegations.

In addition to the fish kill incident, there was another in August 2022, which the EPA attributed to natural causes following its investigation.

The EPA's action has been welcomed by local environmental advocates and community members who were deeply affected by the fish kill events. 

Growing concerns about Vales Point Power Station's environmental impact and regulatory oversight have prompted calls for stronger measures.

Community members recall the distressing sight of hundreds of fish along the shores and in the bay, suggesting a need for robust environmental protections in the area.