News and updates

Illegal dump costs company director thousands

8 May 2018


The illegal dumping of thousands of cubic metres of waste at Somerville has cost a company director thousands of dollars in fines and court costs.

Environment Protection Authority Victoria (EPA) took Colin Kirkpatrick of High Street, Ashburton, to court after his company, Sonick P/L, was deregistered.

EPA Executive Director of Regional Services, Damian Wells, said the Authority has the power to pursue company directors when a company has committed a pollution offence.

“Section 66B of the Environment Protection Act 1970 makes directors responsible for pollution offences committed by their companies, which ensures that the collapse or closure of a company does not mean pollution related offences cannot be pursued,” Mr Wells said.

“In this case, Sonick P/L was responsible for the dumping of thousands of cubic metres of industrial waste at 182 Eramosa Road East, Somerville, and when the company was deregistered in 2017, the director was still held to account for its actions.”

EPA investigators found thousands of tonnes of industrial waste had been dumped at the site, with witnesses reporting as many as 20 truckloads a day arriving.  The waste included asbestos, broken concrete, bricks, tiles, asphalt, plastic, contaminated waste containers and paint tins.

“The site was not licensed by EPA to accept any of the waste, and yet it was a sophisticated dumping operation where industrial waste was excavated with heavy machinery and covered with soil on a routine basis,” Mr Wells said.

EPA officers conducted eight inspections of the site over three years, and the prosecution called on aerial photographs and information from those who witnessed the offending.

Kirkpatrick pleaded guilty in the Frankston Magistrates’ Court to charges under the Environment Protection Act 1970 of dumping industrial waste at an unlicensed site, and contravening a Clean Up Notice.

The company director was convicted, fined $5000 and ordered to pay $6226 in costs.

The Magistrate also ordered Kirkpatrick to publicise the offence and the penalty in local media.

Page last updated on 8 May 2018