NSW EPA convictions: State’s biggest fines for polluters revealed
Millions of litres of sewage spillage, asbestos dumped in residential streets, chemicals in waterways and illegal dumping are just some of the reasons for massive fines to polluters in the past year. SEE WHO HAS BEEN FINED - AND HOW MUCH THEY WERE PENALISED.
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Some of the state’s biggest polluters have been identified following a massive number of convictions over the past 12 months — with people, business, and even government agencies being forced to cough up big money for dumping waste, exceeding restrictions and polluting waterways.
The NSW Environmental Protection Authority convicted a whopping 63 prosecutions in the last financial year, highlighting the state’s worst offenders.
CPB CONTRACTORS — $445K PAYOUT
In September, 2019 the NSWEPA went up against WestConnex St Peters Interchange contractor, CPB Contractors, in the Land and Environment Court.
The company was ordered to pay $295,000 to the Environmental Trust and a further $150,000 in EPA investigative and legal costs.
“The Court found that the odour from untreated leachate or contaminated water pooling at the interchange site caused substantial harm to the community and impacted human health,” EPA Regional Director Metropolitan Giselle Howard said.
“Our investigation identified that the impacts included physical pain, illness and difficulties breathing, including asthma attacks. CPB acknowledged that this harm was foreseeable.
“The company acknowledged to the Court that it should have engaged a suitably qualified expert for advice on managing leachate – contaminated water – prior to starting construction at the interchange.”
CPB was also ordered to issue an apology to residents surrounding the interchange site.
The NSWEPA prosecuted the government contractor on four charges of causing offensive odours to be emitted from the interchange site, in contravention of section 129(1) of the Protection of the Environment Operations Act 1997.
CPB Contractors pleaded guilty to all four charges.
NSW DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT — $213k
NSW Planning, Industry and Environment was slugged with a $213,250 bill after the EPA prosecuted the government department for failing to properly operate the Perisher Sewage Treatment Plant, resulting in the pollution of Perisher Creek.
In December, EPA regional director Gary Whytcross said an excessive amount of aluminium chlorohydrate was added to the to the effluent — which services the Perisher Ski Resort — which was discharged into the creek.
Mr Whytcross said the aluminium discharge was potentially toxic to aquatic life in the creek.
The government department pleaded guilty to the offences and were convicted by The NSW Land and Environment Court and imposed penalties of $120,250 for breaching the licence and $45,000 for the water pollution offence.
The Court also ordered the defendant to pay the EPA’s legal costs of $45,000 and investigation costs of $3618.
GRAINCORP $40k penalty
A major breach of an environmental protection licence at a Port Kembla Grain Terminal over a two-year period resulted in GrainCorp being struck with a $40,000 penalty.
The NSW EPA prosecuted the business for “failing to carry out activities in a competent manner by incorrectly calculating and recording the emissions of fumigation chemicals used to treat grain”.
“The chemicals used to fumigate grain (phosphine and methyl bromide) can be hazardous to plants, animals and people and for this reason are subject to strict regulation by the EPA,” EPA regional manager Peter Bloem said.
“The enforcement action is a reflection of the risks posed by these chemicals and the need to carry out activities in a competent manner at all times when using them”.
The NSWEPA investigation found the company exceeded fumigation limits on 145 occasions between 2016 and 2018, with GrainCorp attributing the offences to “a calculation human error”.
HARDMAN CHEMICALS — $160k PAYOUT
Workers and surrounding neighbours were struggling to breathe, suffered from violent coughing, headaches and a burning sensation after chlorine gas was released into the air.
In March, the Land and Environment Court slugged Hardman Chemicals a $160,000 bill after massive amounts of chlorine gas was released from its Seven Hills site.
a $60,000 penalty was directed to be paid to Blacktown Council, while the company was also ordered to pay a massive $100,000 in EPA legal and investigation fees.
“The Court heard that in the months prior to the incident, Hardman Chemicals had tried to identify the source of a sulphur like odour being emitted from the premises after neighbours complained to the EPA. In an attempt to remedy the odour Hardman Chemicals staff decided to add hydrogen peroxide to a storage tank containing hydrochloric acid,” a NSWEPA spokeswoman said.
“Before adding the chemicals, Hardman Chemicals staff failed to conduct an adequate risk assessment and also failed to consult any literature or safety data sheets available to it which contained warnings about the incompatibility of those two chemicals.”
THOMAS HUGHES — $45K payout, plus costs
The removal and remediation of a massive illegal waste facility is expected to cost convicted polluter Thomas Hughes more than $2 million to clean up.
The NSWEPA prosecuted the man after an investigation revealed he transported and dumped 4500 cubic metres of mixed building and demolition waste at the Muswellbrook property he purchased in the name of his 16-year-old grandson.
The Tuggerah man’s company, Thomas Paul Constructions Pty Ltd, transported the waste to the site over several occasions where it was buried without legal authority to do so.
Mr Hughes was ordered by the Land and Environment Court to clean up the waste and make good on the environmental damage caused — earmarked to cost him more than $2 million to complete.
The businessman was also ordered to pay $45,000 to the Environmental Trust, and to pay the NSWEPA’s legal and investigation costs of $102,000.
MINTO RECYCLING — $90K PAYOUT
The south-western Sydney waste facility was convicted by The Land and Environment Court in January for exceeding waste limits over a 12-month period — resulting in a $90,000 penalty.
“The EPA alleged Minto Recycling exceeded their waste limit by 139,000 tonnes in 2016-17,” a spokeswoman said. “Under the licence, the premises was only permitted to receive a maximum of 30,000 tonnes of waste per year.”
The Court also found that Minto Recycling obtained a financial benefit from the breach that “was undoubtedly substantial and was a direct result of the Defendant’s offending conduct”.
PAPER TRADE — $45K PAYOUT
Liverpool Local Court also convicted Paper Trade on four charges of breaching its environmental protection licence and a further charge of failing to comply with an EPA notice for information and records.
The Court ordered Paper Trade to pay a total of $37,000 in fines as well as the EPA’s legal and investigation costs of almost $8,000.
CHARLIE MOKBEL — $50K PAYOUT
Truck driver Charlie Mokbel was convicted and penalised $50,000 after he was caught dumping 3.6 tonnes of waste — including asbestos — in Sydney’s south west.
Mokbel was prosecuted by the NSW EPA on November 26 after an investigation found he demolished a burned down shed containing asbestos at a house in Belmore Park, before dumping the waste on Hillside Ave, Clemton Park.
“A witness reported the incident and the NSW Environment Protection Authority investigated and prosecuted Charles Mokbel,” a NSWEPA spokeswoman said.
“In handing down the decision, Magistrate Viney said Mr Mokbel knew that dumping the waste was unlawful and that he was reckless as to whether the waste contained asbestos.
“Her Honour also said it was clear that Mr Mokbel was trying to avoid disposal costs. The Court found that it was only by good fortune that the waste was contained quickly.”
MORTDALE RECYCLING — $70K PAYOUT
Mortdale Recycling was convicted and penalised $70,000 for breaching a condition of its environment protection licence on August 2, 2019.
The Land and Environment Court convicted Mortdale Recycling — ordering them to pay $30,000 to the Environmental Trust and $40,000 for the EPA’s legal costs.
“Mortdale Recycling held an environment protection licence for premises in southern Sydney to receive and process a maximum of 30,000 tonnes of waste per year,” A NSWEPA spokeswoman said. “Mortdale Recycling breached its licence by receiving and processing approximately 59,000 tonnes of waste in 2017.”
NEWCASTLE CITY COUNCIL — $55K PAYOUT
Newcastle Council was hit with a $55,000 fine after the NSW EPA prosecuted it over a series of incidents resulting in the pollution of water at the Summerhill Waste Management Facility.
Council was also required to pay the EPA’s legal and investigation costs of approximately $50,000.
According to the NSWEPA, the first two offences involved contaminated water discharging from a sediment pond on the waste management site and into Wentworth Creek, with the cause narrowed down to a fault valve.
The third offence involved the discharge of sediment laden and ammonia impacted water over the top of a pond wall, also causing pollution of Wentworth Creek.
RIDLEY AGRIPRODUCTS — $190K PAYOUT
The NSW Land and Environment Court also convicted a livestock processing company — penalising it $105,000 for two breaches of its environment protection licence
The northwest Sydney-based business, Ridley, pleaded guilty to two charges of failing to operate a pump managing wastewater discharge in a proper and efficient manner, which caused potentially damaging overflows into Marramarra National Park.
According to the NSW EPA, in two separate incidents in June 2017 and October 2017, due to Ridley’s failure to operate the pump properly, wastewater containing ammonia overflowed from the dams into Dalgetys Creek which flows through the Ridley premises into Marramarra National Park, in Sydney’s north west.
“Testing of the wastewater that overflowed into the National Park showed it contained ammonia concentrations known to cause toxicity to aquatic life,” a NSW EPA spokeswoman said.
“The Court ordered the company to pay the penalty amount of $105,000 to the Environmental Trust. Ridley was also ordered to pay the EPA’s legal and investigation costs of $84,770.”
Ridley has taken a number of actions to prevent similar breaches in future, including installing new pumps and monitoring equipment.
SYDNEY WATER — $269K PAYOUT
Millions of litres of untreated sewage overflowed into Mill Stream at General Holmes Dr, Botany over a series of incidents, resulting in the Land and Environment Court imposing a $269,500 penalty against Sydney Water.
The NSW EPA found the first sewage overflow incident occurred in May to June 2017 and involved an uncontrolled release of between 151 and 334 million litres of untreated sewage from an outlet into Mill Stream, on the southern side of General Holmes Drive in Botany, during scheduled maintenance works.
The second sewage overflow incident, in mid June 2017, involved an overflow of approximately 173 million litres of untreated sewage from the same outlet into Mill Stream.
Acting EPA chief executive Mark Gifford said the EPA charged Sydney Water with two offences of water pollution and one offence of contravening its environment protection licence by failing to carry out sewage treatment in a competent manner, with Sydney Water pleading guilty to each charge.
In sentencing Sydney Water, the Court noted the sewage reached the waters of Botany Bay at Foreshore Beach and created a potential risk to the health of anyone exposed to the water at Foreshore Beach. The sewage also polluted the aquatic environment at Foreshore Beach in Botany Bay and degraded the water quality.
“These incidents of uncontrolled, raw sewage overflows were significant and could have been harmful to swimmers in Botany Bay,” Mr Gifford said.
TROB CIVIL — $36K PAYOUT
In August last year TROB Civil was convicted of failing to comply with statutory notices issued by the NSW Environment Protection Authority.
The offences arose out of an investigation conducted by the EPA into illegal waste dumping at a site in Austral.
“The statutory notices were issued seeking information and records after a vehicle registered to TROB Civil was photographed at a location which was being investigated for illegal dumping,” EPA Acting Chief Environmental Regulator Greg Sheehy said.
The Court found that TROB Civil’s conduct had affected the EPA’s ability to investigate the alleged waste dumping offences.
“TROB Civil were initially issued with penalty notices for failing to comply with the statutory notices,” an EPA spokeswoman said.
“However, those penalty notices were not paid and the EPA withdrew them and instead commenced the prosecutions.”