- Date of offence
- 17 Dec 2020
- Type of offence
Charges:
1. Did pollute the atmosphere at Torquay on 17.12.2020 contrary to s.41.(1).
2. Did pollute the atmosphere and make harmful to health at Torquay on 17.12.2020 contrary to s.41(1)(b).
- Background of offence
I, C & J Santospirito Pty Ltd (accused) applied a chemical named metham sodium, also known as Nufarm metham soil fumigant, to the soil at 200 Coombes Road, Torquay, Victoria (premises).
As a result of the application, a chemical named methyl isothiocyanate was discharged from the premises into the atmosphere in the vicinity of the premises.
Residents around Coombes Road, Torquay were exposed to the chemical and reported breathing difficulties and severe eye irritation. Several affected people were taken to hospital.
A joint investigation was conducted with officers from EPA, Agriculture Victoria (Department of Jobs, Precincts and Regions) and Surf Coast Shire Council.
Following the investigation EPA charged the accused pursuant to Section 41(1) of the EP Act 1970 alleging that the condition of the atmosphere in the vicinity of the premises had been polluted.
- Date of court hearing
- 11 April 2022
- Date of court order
- 11 April 2022
- Court magistrate
- S Guthrie
- Court location
- Geelong
- Proceeding number
- M11586929
Court orders made
Without conviction, fined $70,000.00 as part of an aggregate order, with $7,582.40 costs.
Pursuant to section 67AC(2)(a) of the Environment Protection Act 1970 the offender was ordered to publicise their offending in the editorial section of local newspapers: Geelong Advertiser, Bellarine Times and The Surf Coast Times.
Reviewed 3 October 2023
