EPA Victoria - Prosecutions

Gavin LEE

Wed, 20 Nov 2019 00:00:00 +1100

This matter concerned the 2016 depositing of industrial waste at a leased Diggers Rest premises and failure to comply with an associated clean-up notice. Due to Gavin Lee's minor role in this operation, the matter resolved by way of a fine, without conviction, of $1,500 and no order as to costs.

Chemprod Nominees Pty Ltd (ACN: 005 032 744)

Mon, 11 Nov 2019 00:00:00 +1100

On 11th November, 2019, Chemprod Nominees Pty Ltd trading as Omega Chemicals (Chemprod), pleaded guilty at the Sunshine Magistrates' Court to charges of causing an environmental hazard, depositing waste to an unlicensed site and pollution of waters.

Chemprod was found guilty without conviction and fined $30,000.

Chemprod was charged by the Environment Protection Authority (EPA) under sections 27(1A), 27A(2), and 39(1) of the Environment Protection Act 1970.

The offences relate to Chemprod discharging industrial wastewater which contained sodium metabisulphite (SMBS) from its premises at 47 - 61 Fitzgerald Road, Laverton North into Kayes Drain on or about 19 September 2017. The wastewater discharge appeared as a white sludge and was first detected approximately two kilometres downstream from Chemprod's facility. Kayes Drain is an open stormwater drain that ultimately flows into Altona Bay via Laverton Creek and the Altona Foreshore Reserve wetlands.

Analysis of water samples taken by EPA officers concluded that the wastewater discharge from Chemprod's premises polluted waters in Kayes Drain by making them potentially harmful to the welfare, safety or property of humans. The analysis also concluded that the wastewater discharge posed an environmental hazard as there was potential to harm aquatic life downstream of Kayes Drain. This finding is consistent with the material safety data sheet for SMBS which provides that it should not be allowed into waterways as it has a high chemical consumption of oxygen and can have a negative effect on aquatic organisms.

Leslie Chaim FRIED (Director, Chemprod Nominees Pty Ltd)

Mon, 11 Nov 2019 00:00:00 +1100

Leslie Chaim Fried is the director of Chemprod Nominees Pty Ltd. Chemprod pleaded guilty to causing an environmental hazard, permitting the deposit of industrial waste to an unlicensed site and pollution of waters at Laverton North.

Mr Fried was sentenced to an adjourned undertaking, without conviction, for 18 months and ordered to pay $12,500 to the court fund.

Benjamin Dennis HOBBS (Director, South Coast Plant Hire Pty Ltd)

Thu, 07 Nov 2019 00:00:00 +1100

The company, South Coast Plant Hire Pty Ltd and its Director, Benjamin Hobbs pleaded guilty in the Melbourne Magistrates' Court over the dumping of more than 6,000 tonnes of industrial waste near Murchison, in northern Victoria.

The company was fined $55,000, the Director was fined $12,500 and the Magistrate ordered that they pay $6,381.00 in costs to EPA, as well as publish the details of their offending in three newspapers.

In an investigation that began with a pollution report from the City of Greater Shepparton, the court heard that EPA officers, on foot and using an aerial drone, inspected a rural property at 310 Woolshed Road, Murchison. At the property they found dumped glass of various sizes mixed with other material such as plastics, mobile phone batteries, medicine vials and other industrial waste.

South Coast Plant Hire Pty Ltd (ACN: 609 670 475)

Thu, 07 Nov 2019 00:00:00 +1100

South Coast Plant Hire Pty Ltd and its Director, Benjamin Hobbs entered a guilty plea in the Melbourne Magistrates' Court over the dumping of more than 6,000 tonnes of industrial waste near Murchison, in northern Victoria.

Delta Recycling Pty Ltd

Mon, 28 Oct 2019 00:00:00 +1100

Delta Recycling Pty Ltd pleaded guilty in the Moorabbin Magistrates' Court to a single charge of permitting contaminated soil from a development site at South Yarra to be dumped at its clean fill premises, the Delta Group Henry Street Cleanfill Site, at 91 - 185 Kingston Rd, Heatherton.

Matthew STARR

Mon, 07 Oct 2019 00:00:00 +1100

On 7th October at the Stawell Magistrates' Court, Matthew Starr, sole director of Used Tyre Recycling Corporation Pty Ltd (UTRC), was found guilty of failing to reduce the fire risk posed by 9,500 tonne stockpile of tyres, as required by a PAN. The stockpile was assessed by CFA as presenting a risk of catastrophic harm to the Stawell township if it caught fire.

Used Tyre Recycling Corporation Pty Ltd (ACN: 169 862 211)

Mon, 07 Oct 2019 00:00:00 +1100

On 7th October at the Stawell Magistrates' Court, the Used Tyre Recycling Corporation Pty Ltd (UTRC) and its sole Director, Matthew Starr were each found guilty of failing to reduce the fire risk posed by its 9,500 tonne stockpile of tyres, as required by a PAN. The stockpile was assessed by the CFA as presenting a risk of catastrophic harm to the Stawell township if it caught fire.

Incitec Pivot Limited (ACN: 004 080 264)

Mon, 05 Aug 2019 00:00:00 +1000

A Geelong fertiliser company has been fined $120,000 with conviction after toxic and highly corrosive sludge overflowed into Corio Bay through disused pipes.

Incitec Pivot Limited (Incitec) pleaded guilty in Geelong Magistrates' Court to four counts of breaching the Environment Protection Act 1970 after an investigation by Environment Protection Authority Victoria (EPA).

The court heard City of Greater Geelong were forced to remove approximately 9.6 tonnes of contaminated soil after the sludge was discovered in the carpark of the North Shore Fishing Platform on 24 May 2017. The sludge had a pH level of between 2 and 3.

Incitec has since plugged the pipes, which were used in the manufacture of sulphuric acid, revegetated the embankment area with native plants and improved its practices to reduce the risk of further discharges.

Incitec was also ordered to pay EPA's costs of $8,000 and has already committed to repay the City of Greater Geelong more than $18,000 for the May clean up.

Ali Ibrahim IBRAHIM

Mon, 29 Jul 2019 00:00:00 +1000

Ali Ibrahim Ibrahim (Accused) a sole trader engaged in a 'skip bin' business has been fined $10,000, with costs of another $9,000, over the illegal dumping of construction and demolition waste on rented land at Corio.

The Geelong Magistrates' Court convicted the Accused of Mernda over the illegal dumping and his failure to comply with a notice from Environmnet Protection Authority Victoria (EPA) that required him to remove the waste.

The court also ordered him to clean up the site and pay EPA's legal costs of $9,000.

The court was told the Accused ran his business from the rented land at 320 Bacchus Marsh Rd, Corio, renting out skip bins to builders and landscapers and dumping the waste on the property. He also permitted customers to use their own trucks to dump construction and demolition waste there.

The site was not licensed to receive it, but EPA investigators found at least 950 cubic metres of industrial waste had been dumped there.

The industrial waste was deposited in stockpiles of various sized, the larges was 27 metres across and up to 2 metres high.

The court was told EPA had issued the defendant with an official notice giving a deadline of 30 June 2017, but when EPA officers inspected the site three weeks after the deadline, the waste was still there.

The court convicted Ibrahim (Accused) and ordered him to remove all industrial waste from the premises, take it to facilities with government-issued environmental approval to receive those wastes, and provide proof to EPA that he had complied with the order.

Nagambie Resources Limited (ACN: 111 587 163)

Fri, 05 Jul 2019 00:00:00 +1000

Nagambie Resources Limited (Accused) was charged with two offences under s.27A(2) of the Environmental Act 1970. The charges alleged that between 1st December 2014 and 17th July 2015, the Accused permitted the deposit of an industrial waste, namely spent bleaching earth, at Nagambie. The charges also alleged that between 28th February 2014 and 14th March 2014, the Accused permitted the deposit of electronic waste at 533 Zanelli Road, Nagambie.

Nantua Holdings Pty Ltd (ACN: 005 390 983)

Tue, 02 Jul 2019 00:00:00 +1000

Nantua Holdings Pty Ltd (the Accused) was charged with contravening the requirements of a Clean Up Notice at Knowsley on 19th October 2017.

Russell William Clark (Director, Nantua Holdings Pty Ltd)

Tue, 02 Jul 2019 00:00:00 +1000

Russell William Clarke (the Accused) has been charged with the offence of contravening the requirements of a Clean Up Notice at Knowsley on 19th October 2017.

ResourceCo Pty Ltd (ACN: 068 976 803)

Fri, 28 Jun 2019 00:00:00 +1000

ResourceCo Pty Ltd has pleaded guilty to depositing industrial waste at a site not licensed to accept that type of industrial waste. On 28 June 2019 in the Magistrates' Court of Victoria, ResourceCo Pty ltd was found to have deposited Category A lead-contaminated waste at a landfill in Carroll Road, Clarinda from 14/8/2015 to 20/8/2015 that was not licensed to receive Category A waste. The Category A waste was subsequently identified by the landfill operator and treated in accordance with the requirements of the Environmental Protection Act 1970.

RecourceCo Pty Ltd was convicted and fined / found guilty and fined $150,000, ordered to publish a notice, and ordered to pay the EPA's costs of $75,000.

Porsche Retail Group Pty Ltd (ACN 006 359 459)

Thu, 23 May 2019 00:00:00 +1000

On 23 May 2019, at the Melbourne Magistrates' Court, Porsche Retail Group Pty Ltd pleaded guilty to one charge of water pollution and one charge of causing or permitting an environmental hazard to the waters of Yarra River in Abbotsford on or about 16 January 2018, in contravention of s.39(1)(e) and s.27A(1)(c) of the Environment Protection Act 1970 (VIC) (EP Act).

Summary of the Pollution Incident:

Porsche Retail Group Pty Ltd polluted the waters and caused an environment hazard relating to the unlawful discharge of oil which originated from the premises in an overfilled Underground Waste Oil Storage Tank (the 'UST') into the Yarra River in Abbotsford. The oil was pumped up onto the roof of the Accused's premises through the UST and entered the gutter on the roof which fed into the stormwater drain. The oil then travelled through the stormwater drain, in the underground stormwater infrastructure beneath the driveway of the premises and into the stormwater pit for approximately 2 km, before entering the Yarra River at the end of Walmer Street, Abbotsford.

Court Hearing:

The matter proceeded as a plea hearing before His Honour Magistrate Pillai. In summary, His Honour handed down the following sentence without conviction:

a) Publication order pursuant to 67AC of the EP Act in the Age newspaper;

b) Ordered Porsche to pay $100,000.00 to the Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation under s.67AC for the community project. The Corporation have developed an innovative and holistic approach to creek restoration - they will integrate traditional Wurundjeri Country management techniques, with contemporary water management technologies. The project will rehabilitate the riparian zone and improve the water quality of the environmentally and culturally important area of the confluence of the Merri Creek and Birrarung (the Yarra River) by:

Revegetating Birrarung and Merri banks;
Improving water quality managment;
Educating the local community on the cultural significance of the area to Wurundjeri Woi Wurrung people; and
Researching and reintroduce native shellfish; and

c) Pay $32,546.62 in EPA costs.

Oz Tyre Recyclers Pty Ltd (ACN: 600 509 546)

Thu, 09 May 2019 00:00:00 +1000

Oz Tyre Recyclers Pty Ltd (Accused) are a company who held an Environment Protection Authority (EPA) license for the storage of waste tyres. One of the requirements of Oz Tyre Recyclers' licence to store tyres was to implement a monitoring program that enabled EPA to determine compliance with the licence. This program was never implemented by the Accused in contravention of the licence.

In response to this, EPA issued a Pollution Abatement Notice (PAN) to the Accused again requiring them to implement a monitoring program by a set date. This did not occur. EPA then issued an Infringement Notice to the Accused in relation to the non-compliance with the PAN s.31(7) of the Environment Protection Act 1970. This infringement notice was not paid.

In response to this non-payment of the infringement notice, EPA issued proceedings in the Magistrates' Court to pursue the fine.

B & J Bentley Investments (Aust) Pty Ltd (ACN: 006 415 890)

Thu, 02 May 2019 00:00:00 +1000

Horsham Magistrates' Court has fined B & J Bentley Investments (Aust) Pty Ltd $50,000 for dumping the waste from a Horsham demolition job at a rural property near Warracknabeal.

Environment Protection Authority Victoria (EPA) traced the waste to the property after receiving a report from Horsham Rural City Council of rubble being cleared from the former site of a fuel station at 31 Mill Street.

EPA Regional Manager North West, Dr Scott Pigdon, says the Magistrate also ordered B & J Bentley Investments (Aust) Pty Ltd to pay $8,000 in costs and publicise the result of the case in the Wimmera Mail Times.

"The company pleaded guilty under Section 27 of the Environment Protection Act 1970 for dumping industrial waste at a site not licensed to accept that waste," Dr Pigdon said.

"The construction and demolition waste included concrete, timber, soil, gravel, plastic and metal, as well as more than 10 square metres of asbestos sheeting," he said.

"EPA testing showed three out of four soil samples taken from the property on Gaulkes Road, Warracknabeal, contained asbestos."

EPA officers also found scrap metals and car bodies; rusted metal drums, iron sheeting, disused petrol tanks up to 20,000 litres in size, evidence of burnt waste including timbers, plastics, green waste, recycling, plastic bulk containers, a mattress, a pit with mixed waste including carpet and plastic drums, and soil contaminated with fuel and oil.

In a letter to the EPA, a Director of the company said the waste had accumulated on the property over a long time and he intended it for reuse and recycling.

EPA issued the company with a Clean Up Notice (CUN), a legally enforceable order to clean up waste materials at the Gaulkes Road property, including the demolition waste from the former Horsham fuel station.

"A second inspection by EPA officers a few weeks later revealed a large amount of waste still on the property, but the Clean Up Notice has now been complied with," Dr Pigdon said.

Blair Dallas Hopley (Co-Director, Hopley Recycling Pty Ltd)

Mon, 18 Mar 2019 00:00:00 +1100

Hopley Recycling Pty Ltd (Hopley) of White Hills, Bendigo, and its three directors, past and present, each pleaded guilty to an offence under the Environment Protection Act 1970 in the Bendigo Magistrates' Court on 18 March 2019.

The offence in this matter concerns Hopley dumping construction and demolition waste from its business on a neighbouring site, which is not licenced to accept that type of industrial waste.

The company was fined $1000 with no conviction and its three past and present directors were given six to nine months good behaviour bonds. The court also ordered the company to publicise the decision in major metro newspapers and pay the EPA's costs.

Hopley Recycling Pty Ltd (ACN: 151 584 020)

Mon, 18 Mar 2019 00:00:00 +1100

The offence in this matter concerns Hopley dumping construction and demolition waste from its business on a neighbouring site, which is not licenced to accept that type of industrial waste.

Justin Kenneth Hopley (Co-Director, Hopley Recycling Pty Ltd)

Mon, 18 Mar 2019 00:00:00 +1100

The offence in this matter concerns Hopley dumping construction and demolition waste from its business on a neighbouring site, which is not licenced to accept that type of industrial waste.

Kenneth Hopley (Co Director, Hopley Recycling Pty Ltd)

Mon, 18 Mar 2019 00:00:00 +1100

The offence in this matter concerns Hopley dumping construction and demolition waste from its business on a neighbouring site, which is not licenced to accept that type of industrial waste.

Coliban Region Water Corporation ABN: 96 549 082 360

Mon, 18 Feb 2019 00:00:00 +1100

The Kyneton Magistrates' Court has ordered Coliban Water to fund a $100,000 environmental project after a burst pipeline sent sewage flowing into Kyneton's Post Office Creek, in July 2016.

Environment Protection Authority Victoria (EPA) Executive Director Damian Wells said EPA prosecuted the water company after more than one million litres of raw sewage from Kyneton escaped, due to an issue at its Jeffrey Street pumping station.

"The pipe burst just before midnight, and it wasn't until 9am before maintenance workers spotted the lower than usual flows into the Kyneton Water Reclamation Plant and raised the alarm," Mr Well said.

Coliban Water reported the spill to EPA, and Environment Protection Officers arrived to find a constant flow of fast running sewage entering Post Office Creek," he said.

"The creek was flowing strongly at the time, which helped clear the contamination, and Coliban Water pumped contaminated water from affected land. The company has since installed automatic alarms at the pumping station and the treatment plant. A pump station site management plan has also been developed."

In court, Coliban Water pleaded guilty to one charge of causing or permitting an environmental hazard, in contravention of Section 27A(1)(c) of the Environment Protection Act 1970.

The Magistrate sentenced the company without conviction, and ordered it to publish the details of the case and pay EPA's legal costs of $12,141.64.

The court also ordered Coliban Water to provide $100,000 in funding which could be used by the Dja Dja Wurrung Clans Aboriginal Corporation to conduct an Aboriginal Waterway Assessment of Post Office Creek and nearby parts of the Campaspe River.

This is the first project of this nature awarded by the courts to a traditional owner group under the Environment Protection Act 1970.

Hughes Construction Pty Ltd (ACN 142 839 441)

Wed, 19 Dec 2018 00:00:00 +1100

Hughes Construction Pty Ltd (Hughes Construction), along with Industrial Environmental Services Pty Ltd (Industrial), Hughes Properties Pty Ltd (Hughes Properties), and Lobethal Nominees Pty Ltd (Lobethal), have been fined $10,000 each and ordered to pay more than $30,000 in costs by the Sunshine Magistrates' Court for being involved in an operation to transport 730 tonnes of lead slag to South Australia without a permit.

Each of the companies pleaded guilty to a charge of conducting a business involving the transport of prescribed waste without a permit following an investigation by the Environment Protection Authority Victoria (EPA).

An EPA prosecutor told the court that 24 loads of lead slag totalling 730 tonnes were transported between a Laverton site and a landfill in McLaren Vale, South Australia between January and April 2015.

Twenty of the loads were transported by Hughes Properties and four by Lobethal after Industrial, which was engaged by the Laverton site, engaged those companies to transport the material. Hughes Construction were involved in invoicing for the transport of the material.

The court was told that the four companies were all aware they were dealing with lead slag but that none of them contacted EPA for advice.

Lead slag is waste produced during the smelting of lead. It is a Category A prescribed industrial waste - the highest classification - because it poses a serious risk to both the environment and human health and its storage, disposal and transportation is tightly regulated.

Magistrate Mike Wardell fined the four companies $10,000 each ($40,000 in total) and ordered they jointly pay EPA more than $32,000 in costs.

He said if not for the guilty plea he would have fined the companies $30,000 each.

EPA CEO Dr Cathy Wilkinson said the companies should have known better and had a responsibility to the communities in which they operate.

To better reflect the seriousness of environmental offences, EPA's new Act, which takes effect from July 2020, will substantially increase the maximum court penalties. For corporations which breach the law, the most serious offence will attract a penalty of up to 20,000 penalty units ($3.2 million) - double the current maximum.

Hughes Properties Pty Ltd (ACN 093 164 017)

Wed, 19 Dec 2018 00:00:00 +1100

Hughes Properties Pty Ltd (Hughes Properties) along with Industrial Environmental Services Pty Ltd (Industrial), Hughes Construction Pty Ltd (Hughes Construction) and Lobethal Nominees Pty Ltd (Lobethal), have been fined $10,000 each and ordered to pay more than $30,000 in costs by the Sunshine Magistrates' Court for being involved in an operation to transport 730 tonnes of lead slag to South Australia without a permit.

The court was told that the four companies were all aware they were dealing with lead slag but that none of them contacted EPA for advice.

Magistrate Mike Wardell fined the four companies $10,000 each ($40,000 in total) and ordered they jointly pay EPA more than $32,000 in costs.

He said if not for the guilty plea he would have fined the companies $30,000 each.

EPA CEO Dr Cathy Wilkinson said the companies should have known better and had a responsibility to the communities in which they operate.

Industrial Environmental Services Pty Ltd (ACN 139 722 599)

Wed, 19 Dec 2018 00:00:00 +1100

Industrial Environmental Services Pty Ltd (Industrial), along with Hughes Properties Pty Ltd (Hughes Properties), Hughes Construction Pty Ltd (Hughes Construction) and Lobethal Nominees Pty Ltd (Lobethal), have been fined $10,000 each and ordered to pay more than $30,000 in costs by the Sunshine Magistrates' Court for being involved in an operation to transport 730 tonnes of lead slag to South Australia without a permit.

The court was told that the four companies were all aware they were dealing with lead slag but that none of them contacted EPA for advice.

Magistrate Mike Wardell fined the four companies $10,000 each ($40,000 in total) and ordered they jointly pay EPA more than $32,000 in costs.

He said if not for the guilty plea he would have fined the companies $30,000 each.

EPA CEO Dr Cathy Wilkinson said the companies should have known better and had a responsibility to the communities in which they operate.

Lobethal Nominees Pty Ltd (ACN 007 745 468)

Wed, 19 Dec 2018 00:00:00 +1100

Lobethal Nominees Pty Ltd (Lobethal), along with Industrial Environmental Services Pty Ltd (Industrial), Hughes Construction Pty Ltd (Hughes Construction) and Hughes Properties Pty Ltd (Hughes Properties) have been fined $10,000 each and ordered to pay more than $30,000 in costs by the Sunshine Magistrates' Court for being involved in an operation to transport 730 tonnes of lead slag to South Australia without a permit.

The court was told that the four companies were all aware they were dealing with lead slag but that none of them contacted EPA for advice.

Magistrate Mike Wardell fined the four companies $10,000 each ($40,000 in total) and ordered they jointly pay EPA more that $32,000 in costs.

He said if not for the guilty plea he would have fined the companies $30,000 each.

EPA CEO Dr Cathy Wilkinson said the companies should have known better and had a responsibility to the communities in which they operate.

Mendo Kitanovski

Mon, 17 Dec 2018 00:00:00 +1100

Mendo Kitanovski (Accused), was convicted of failing to comply with the requirements of Environment Protection Authority (EPA) Clean Up Notices and was ordered to remove all industrial waste from the premises at 627-703 Plumpton Road, Plumpton.

Yarra Valley Water Corporation (ABN: 930 669 025 01)

Wed, 12 Dec 2018 00:00:00 +1100

Charges were laid by Environment Protection Authority (EPA) under section 39(1) of the Environment Protection Act 1970. The pollution offences relate to the unlawful discharge of 700,498 litres of untreated domestic sewage and industrial effluent into the Paynes Road Drain in early July 2016.

VIVA Energy Refining Pty Ltd (ACN: 004 303 842)

Thu, 15 Nov 2018 00:00:00 +1100

Oil refinery operator VIVA Energy Refining Pty Ltd has been ordered to pay over $31,000 in fines and costs without conviction in the Geelong Magistrates' Court, after it admitted to releasing excessive amounts of potentially hazardous fluoride to the atmosphere.

Viva had entered a plea of guilty to four charges of breaching its licence for the oil refinery at 90 Refinery Road, Corio.

Along with a $21,000 fine, the company was ordered to pay EPA's costs of just over $10,000 and advertise the court outcome in local newspapers.

160 Leicester Pty Ltd (ACN 606 306 852)

Wed, 12 Sep 2018 00:00:00 +1000

160 Leicester Pty Ltd and its two directors, Stefce Kutlesovski and Raman Shaqiri, who dumped asbestos-containing industrial waste at a site in Cairnlea bordering homes have been ordered to pay a total of $600,000.

The company, 160 Leicester Pty Ltd (Leicester), was fined $300,000 and ordered to pay $30,000 to a community environment project, and $35,000 in costs. The Directors were fined $120,000 each, almost the maximum amount available in the Magistrates' Court.

Leicester and the directors pleaded guilty in March 2018 to depositing industrial waste at an unlicensed site and failing to comply with a Minor Works Pollution Abatement Notice, following an investigation by Environment Protection Authority Victoria (EPA).

The EPA prosecutor told Sunshine Magistrates' Court that Leicester owned the former Corkman Hotel site at 154-160 Leicester Street, Carlton, which was demolished in October 2016. Following the demolition, EPA officers found the waste at the site of the former hotel contained asbestos. Seven days after the demolition, EPA received reports of industrial waste being dumped on a site in Furlong Rd, Cairnlea, which was bordered by residential properties on two sides, a shopping centre on another and was 350m from both a childcare and primary school.

Officers found the pile was 30m long, 8m wide and 1.5m high and contained wood, iron sheeting, bricks, carpet, rocks and piping.

The Cairnlea site was owned by another company of which Kutlesovski and Shaqiri are the sole directors.

Samples taken from the Cairnlea site also matched the same type of asbestos located at the Carlton site and officers recognised items from the Carlton site, including a framed sign detailing the former pub's rules and conditions.

In November 2016, EPA issued the company a Minor Works Pollution Abatement Notice to cover the industrial waste at the Carlton site to ensure asbestos was not blown around in high winds. A condition of the Notice was the site be checked daily to ensure the covering was adequate, but EPA inspections on November 15 and December 28, 2016 and January 3, 2017 found the tarpaulins were torn and inadequately covering the rubble.

Magistrate Richard Pithouse said the directors and company's actions showed "a complete disregard of the law".

Raman Shaqiri (Co-Director, 160 Leicester Pty Ltd)

Wed, 12 Sep 2018 00:00:00 +1000

A company and its two directors who dumped asbestos-containing industrial waste at a site in Cairnlea bordering homes have been ordered to pay a total of $600,000.

The company, 160 Leicester Pty (Leicester), was fined $300,000 and ordered to pay $30,000 to a community environmental project, and $35,000 in costs.

Leicester’s directors Stefce Kutlesovski and Raman Shaqiri were fined $120,000 each, almost the maximum amount available in the Magistrates’ Court.

Leicester and the directors pleaded guilty in March this year to depositing industrial waste at an unlicensed site and failing to comply with a Minor Works Pollution Abatement Notice, following an investigation by Environment Protection Authority Victoria (EPA).

The EPA prosecutor told Sunshine Magistrates’ Court that Leicester owned the former Corkman Hotel site at 154-160 Leicester Street, Carlton, which was demolished in October 2016.

Following the demolition, EPA officers found the waste at the site of the former hotel contained asbestos. Seven days after the demolition, EPA received reports of industrial waste being dumped on a site in Furlong Rd, Cairnlea, which was bordered by residential properties on two sides, a shopping centre on another and was 350m from both a childcare and primary school.

Officers found the pile was 30m long, 8m wide and 1.5m high and contained wood, iron sheeting, bricks, carpet, rocks and piping.

The Cairnlea site was owned by another company of which Kutlesovski and Shaqiri are the sole directors.

In November 2016, EPA issued the company a Minor Works Pollution Abatement Notice to cover the industrial waste at the Carlton site to ensure asbestos was not blown around in high winds. A condition of the notice was the site be checked daily to ensure the covering was adequate, but EPA inspections on November 15 and December 28, 2016 and January 3, 2017 found the tarpaulins were torn and inadequately covering the rubble.

Magistrate Richard Pithouse the directors and company’s actions showed “a complete disregard of the law”.

He described it as a significant breach.

Stefce Kutlesovski (Co-Director, 160 Leicester Pty Ltd)