Charges:

1. Did dump industrial waste at unlicensed site at Mickleham from 25 August 2018 to 24 March 2021, contrary to s.27A(2)(a).

2. Contravene requirements of clean up notice at Mickleham on 1 November 2021, contrary to s.62A(3).

1. 370 Mt Ridley Road Mickleham (‘premises’) is a residential home on a 27-acre semi-rural property. The premises is located adjacent to a new housing estate and is otherwise surrounded by other semi-rural properties.

2. The premises is owned by a company, MDK Home Building and Renovations Pty Ltd and George Mulov.

3. The accused, Mokhtar Chebbo leased the premises since 1 October 2015, and lives at the property with his wife and children.

4. From around August 2018, Mr Chebbo began accumulating waste on the property. The amount of waste stored onsite increased over time. This was eventually report to the EPA on 17 September 2020, from a member of the community who stated large piles of timber and domestic waste were on the premises, some of which had been burnt over the preceding two weeks.

5. On 24 March 2021, the EPA inspected the Premises. Aerial surveillance revealed around 4128m3 of industrial waste on the premises, including:

a. 1525m3 of waste comprising cars, tyres, wooden palings, white goods, furniture, paint tins, concrete; and

b. 2602m3 of waste comprising timber, including hardwood timber beams, fibreboard, concrete, chipboard and green waste.

6. At no time was the Premises authorised to receive industrial waste under the Act. Neither did it have a Council permit to receive or process industrial waste.

7. On 28 April 2021, following a pollution report involving the burning of waste, EPA officers again inspected the premises. During the inspection, waste was burning towards the northern part of the premises and an orange excavator was depositing waste onto the fire. The waste that was being burnt included asbestos and construction waste.

8. On 7 May 2021, the EPA issued Mr Chebbo with a Clean Up Notice requiring him to: a. Stop accepting industrial waste; b. Stop burning industrial waste; and c. Clean up the industrial waste by 9 August 2021.

9. Following an application to amend the Notice, the the timeframe to clean up was extended to 1 November 2021.

10. The EPA carried out routine inspections on 2 June 2021, 22 July 2021, 7 September 2021 and 12 October 2021. That last inspection revealed around 3147m3 industrial waste remained onsite.

11. On 8 November 2021, EPA Officers conducted a site inspection to assess compliance with the Notice. Those officers observed industrial waste remained at the premises. A volumetric survey measured an estimated 2967 cubic meters of industrial at the premises.

12. On 18 and 23 August 2023, EPA Officers inspected the Premises and observed industrial waste onsite as well as piles of construction timber waste being burnt.

13. As at the date of the sentence hearing (28 August 2023), industrial waste (about 1,000m3 according to Mr Chebbo) remained on the Premises.