Charges:

1. Disobey conditions of licence at Campbellfield from 1 December 2019 to 28 February 2020, contrary to s27(2).

2. Disobey minor works Pollution Abatement at Campbellfield from 20 April 2020 to 5 June 2020, contrary to s31B(6).

3. Pollute waters and make detrimental for uses at Campbellfield on 09 August 2020, contrary to s39(1)(e).

1. MRI (Aust) Pty Ltd (MRI) operated a specified electronic waste (ewaste) and battery recycling facility at 1789-1791 Sydney Road, Campbellfield. MRI held EPA Licence 164916 (EPA Licence) issued on 19 March 2018. Bruce Patrick JACKSON and William LE MESSURIER were directors of MRI at the relevant time.
2. EPA Authorised Officers undertook several inspections at MRI’s premises. which identified volumes of e-waste were being stored at the premises in quantities above what was permitted by the EPA Licence.
3. EPA served MRI with a Minor Works Pollution Abatement Notice 90011060 (MWPAN) containing the requirement: by 9am Wednesday 18 March 2020 you must cease accepting e-waste at the premises until there is no more than 80 tonnes of e-waste (including no more than 20 tonnes of unsorted batteries) stored on the site at any time. This MWPAN was not complied with.
4. On 9 June 2020, EPA received e-mail correspondence from MRI which included reports showing approximately 329 tonnes of e-waste had been received by MRI in the period 18 March 2020 to 5 June 2020. On 9 August 2020 EPA officers attended the premises in response to a fire emergency event. EPA Officers were informed by the FRV Representative that the building on the premises was fully ablaze.
5. To combat the fire, Fire Rescue Victoria applied water to suppress and cool the fire at the premises. This fire water after contracting the wastes that were burning subsequently ran off the site and into stormwater drains and then to Foden Reserve, Merlynston Creek and Jack Roper Reserve.
6. On 9 and 10 August 2020, water sampling was undertaken which identified antimony, cadmium, copper, lead, molybdenum, nickel and tin recorded at higher concentrations in sample sites downstream of the fire than what was detected at a reference site determined to be unimpacted by the fire runoff water. EPA’s Applied Science Division also identified that these seven metals are typically found in batteries and electronics.
7. MRI and the Directors were subsequently charged. JACKSON and LE MESSURIER accepted liability pursuant to section 66B of the Environment Protection Act 1970 and entered pleas of guilty. The liquidators for MRI (Aust) Pty Ltd indicated they would not be contesting the proceedings, therefore an ex parte hearing was applied for and granted.