$6,000 fine for escaping sediment

Construction contractor Kapitol Group Pty Ltd will pay a $6,105 fine after officers from EPA Victoria spotted muddy building site sediment flowing into a creek at West Footscray.

The EPA officers were conducting routine inspections at industrial sites around Footscray on 7 November 2025, when they were driving past Stony Creek.

Stopping to investigate, they found water carrying significant amounts of sediment was flowing from a stormwater drain into the creek. Water in the creek was clear upstream, but became an opaque, muddy brown below the point where the flow from the drain entered it.

EPA Western Metropolitan Regional Manager Julia Gaitan says even if the sediment was only mud, it could still harm aquatic life in the creek.

“Significant amounts of sediment entering a creek can block sunlight, affecting plant life, and it can reduce the level of dissolved oxygen in the water, killing the tiny invertebrates that are food species for fish,” Ms Gaitan said.

“And if runoff from a building site contains significant amounts of sediment, it can just as easily contain residue from paint, glue, sealers, cement and other industrial chemicals,” she said.

“The moment it leaves the building site, it becomes pollution and represents a risk to the community and the environment.”

EPA officers followed the flow of sediment back to a construction site on Paramount Road, West Footscray, where they found the site lacked sediment controls such as barriers to trap sediment-laden runoff.

Under the Environment Protection Act 2017 and the Infringements Act 2006, the company has the right to have the infringement notice reviewed or be considered by a court.

Members of the public can report pollution by calling EPA’s 24-hour hotline on 1300 372 842 or providing details online at epa.vic.gov.au/report-pollution/reporting-pollution(opens in a new window)