Boss of SKM services fronts court charged over a Coolaroo fire
The boss of controversial waste giant SKM has fronted court over charges relating to the pollution of the air during the out-of-control blaze at its Coolaroo plant.
Law & Order
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The boss of controversial SKM services has faced court charged over a massive “noxious” fire that burned for more than a week at one of its Melbourne recycling plants.
Robert Leo Italiano and the major waste giant are accused by the Environment Protection Authority of polluting the air during the out-of-control blaze at its Coolaroo plant in July 2017.
Charge sheets, released by the court, allege Mr Italiano, 46, was SKM’s sole director when the atmosphere became “noxious or offensive to the senses of human beings” amid the fire.
It is also alleged they permitted an environmental hazard and the pollution was “harmful or potentially harmful to the health” of the public.
“The fire burned through the recyclable materials that were collected and stored at the premises,” the charge sheets allege.
“Large amounts of smoke were generated by the fire and that resulted in pollution.
“The fire took several days to be brought under control.”
The court heard the charges don’t relate to the cause of the fire.
But the prosecution case does look at the storage of toxic chemicals at the plant, the duration of the fire, and the acts of pollution, the court heard.
Mr Italiano did not say anything throughout the hearing.
The case was adjourned to August 14.
The brief court appearance comes a day after SKM had a small win in the Supreme Court in what has been a tumultuous period for the recycling services company.
It was on Monday allowed an appeal of a $150,000 fine and conviction it received over a workplace incident at the same plant in 2014.
Magistrate Megan Aumair found SKM guilty of two counts of failing to provide or maintain plant that was safe and without risk to health, and one count of failing to provide a safe system of work at Broadmeadows Magistrates Court in July 2017.
Worksafe laid the charges after a worker had his right hand severed off when moving a bale of cans out of an aluminium bailer machine on October 24, 2014.
But Supreme Court Associate Justice Robyn Lansdowne ruled Ms Aumair erred in her decision-making.
The magistrate used the incorrect test as to reasonable practicability of the company to ensure the workplace was safe and failed to dismiss a charge for duplicity, she said.
Associate Justice Lansdowne also said there was no evidence to support a conviction on two of the charges.
Barrister Robert Taylor, for SKM, immediately asked her to quash the charges following her judgment.
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Instead, she gave both him, and Christopher Carr, for the Broadmeadows Magistrates Court, time to make written submissions proposing appropriate action.
Associate Justice Lansdowne said she would either remit the matter to be heard again before a different magistrate, or acquit SKM on all charges.
The Sunday Herald Sun this week also revealed SKM was on the brink of collapse with six companies pursuing the recycling giant for debts totalling $4.3 million.
The pursuing companies have filed action in the Supreme Court and want the business declared insolvent if it does not pay up.
If forced into receivership, the state’s kerbside recycling could be thrown into crisis with thousands of tonnes of waste sent to landfill.