By Ben Cubby
A billionaire property developer and Max Brenner chocolate cafe chain owner is facing charges brought by the NSW Environment Protection Authority over the asbestos-in-mulch crisis that saw dozens of Sydney parks, schools and hospitals closed earlier this year.
Arnold Vitocco, the director of VE Resource Recovery, is charged with an executive liability offence linked to his company’s alleged breach of its environmental protection licence.
VE Resource Recovery director Arnold Vitocco, whose Vitocco Enterprises owns Max Brenner Australia. Credit: Oscar Colman
VE Resource Recovery holds the licence under which the Greenlife Resource Recovery Facility operates in Bringelly, on Sydney’s south-western fringe. Most of the contaminated mulch detected in Sydney in January and February this year was traced back to the Greenlife site.
The EPA will bring 102 charges in the NSW Land and Environment Court centred on the waste recovery plant on The Northern Road, Bringelly.
“The prosecutions follow the largest investigation in the EPA’s history which was launched after bonded asbestos was discovered in mulch at Rozelle Parklands,” the agency said in a statement.
“During the investigation over 300 sites were inspected, with 79 sites identified as having used contaminated mulch. All 79 sites have now been cleaned up by owners.”
Greenlife Resource Recovery co-director Domenic Vitocco at the company’s Bringelly premises.Credit: Wolter Peeters
The charges relate to 26 of the 79 sites where asbestos was found to have been mingled with mulch.
Two entities trading as Greenlife Resource Recovery Facility, Freescale Trading Pty Ltd and Runkorp Pty Ltd, face charges for allegedly reusing asbestos waste, breaching a resource recovery order and carrying out scheduled activities without a licence.
The director of Freescale is Arnold Vitocco’s son Domenic and the director of Runkorp is businessman Adrian Runko. They are not facing charges.
VE Resource Recovery has been charged with failing to carry out its activities competently and Arnold Vitocco, as director, is charged with an executive liability offence.
Vitocco, a prominent businessman credited with building Narellan Town Centre with fellow rich lister Tony Perich, is a major landholder in Bringelly and plans to build a 7000-home housing development in the area. His Vitocco Enterprises bought the Australian arm of the Max Brenner chain in 2019.
A spokesperson for Greenlife said it would fight the charges.
“Greenlife Resource Recovery Facility (GRRF) maintains its innocence and will strongly defend these allegations,” the spokesperson said in a statement.
“The media has been informed of the details before the company has been served with the file documents. GRRF maintains that no asbestos contamination has been discovered by the EPA now, or during any previous testing at its Bringelly site.
The Greenlife Resource Recovery Facility in Bringelly.Credit: Max Mason-Hubers
“GRRF takes its environmental obligations very seriously, does not accept demolition waste and has strict protocols to ensure its products are not contaminated before they leave the site,” the spokesperson said.
“The supply chain is complex and there are several ways asbestos can contaminate materials. One scenario involves delivering clean materials to a remediated site, where they are mixed with the existing materials onsite.”
A source involved in the case, who asked not to be named because their team has been told not to speak to the media, previously told the Herald many lines of inquiry had been followed including tracing truck movements and using weighbridge data to track hundreds of truckloads of mulch and other material being moved across Sydney.
Environment minister Penny Sharpe thanked the investigators involved in the case and said staff from other government departments had been brought in to assist.
“While we are unable to comment on the specifics of this case, it is illegal for mulch to include asbestos,” she said in a statement.
“The Minns Labor government has taken strong action to keep the community safe by doubling the penalties for environmental crimes, including those that involve asbestos.”
The asbestos discoveries were considered to pose a minimal health risk because most of the asbestos was bonded, not friable, and therefore not easily inhaled.
But the potential risk shut down dozens of parks, schools and other facilities including children’s playgrounds and caused the cancellation of some events including this Mardi Gras Fair Day, which was to be held in Victoria Park in Camperdown.
A directions hearing is scheduled at the NSW Land and Environment Court on February 7.
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