Without conviction, fined a total of $25,000 and ordered to pay EPA costs - $5,600.

12 charges were rolled into 6 charges on a plea:

1. Deposit/abandon industrial waste without authority at Spotswood on 23.12.2021, contrary to s.133(1).

2. Refuse to comply with EPA Information Gathering Notice at Broadmeadows on 24.01.2022, contrary to s.255(2).

(incorporates charge 3)

4. Failed to take steps to contain priority waste at Spotswood on 23.12.2021, contrary to s.139(3).

(incorporates charges 5 and 6)

7. Failed to take steps to contain priority waste at Spotswood on 23.12.2021, contrary to s.139(3).

(incorporates charges 8 and 9)

10. Failed to comply with Environmental Action Notice at Broadmeadows on 09.02.2022, contrary to s.290(1).

11. Failed to comply with requirements of Environmental Action Notice at Broadmeadows on 09.02.2022, contrary to s.290(3).

(incorporates charge 12)

The accused operates a demolition business.  He demolished a building without first having an asbestos assessment done.  There was asbestos in the structure.

A neighbour observed the demolition and reported to the EPA his suspicion of the presence of asbestos and lack of safety processes and equipment.

EPA's inspection showed the presence of both asbestos and hydrocarbons in the soil.  EPA served an Information Gathering Notice to determine the handling and disposal details of both the asbestos and the hydrocarbons.

The accused failed to comply maintaining that he was not responsible.  He was served with an Environmental Action Notice requiring him to engage a suitable qualified person to undertake a site inspection to determine the level and extent of contamination in the soil and then submit a clean-up plan to remediate the contamination.

The accused did not comply with the notices and instead provided the EPA with an Asbestos Clearance Certificate stating the site was cleared of any visible asbestos.  He stated that he would not do anything further.