Date of offence
20 April 2023
Type of offence

1. Unlawfully deposit waste at Heidelberg West on 20 April 2023, contrary to s.115(2).

 

Background of offence

As part of a stormwater prevention program, on 18 April 2023 EPA officers attended the premises of Lenbridge Willows Pty Ltd trading as 'Car Wash on Waterdale' (the accused) and operating as a self-serve car washing business consisting of five self-serve bays, one touch free auto car wash and dog wash.

Officers observed foamy liquid entering the stormwater drains at the self-serve bays and provided compliance advice to the director of the company. The director told the officers that he was aware that wash waters should not be discharged to stormwater and that he was of the belief that the chemicals were environmentally friendly. The officers provided the accused with compliance advice indicating that they must install immediate controls to appropriately capture and dispose of the wash waters and prevent discharge to stormwater.

On 20 April 2023, EPA officers returned to the premises and observed wash waters discharging to Waterdale Road from the automatic car wash and directly into stormwater drains from the self-serve bays. No additional controls had been implemented.

On 17 May 2023 the EPA issued an infringement notice for unlawful deposit of dangerous litter contrary to s 115(2) of the EP Act for the amount of $3698. The accused elected to have the infringement heard in court.

As of 20 July 2023, the accused had implemented measures to prevent the discharge of wash waters into stormwater drains and beyond the premises.

Date of court hearing
15 December 2023
Date of court order
15 December 2023
Court magistrate
D M Livingstone
Court location
Heidelberg Magistrates' Court
Proceeding number
P12309896

Court orders made

Without conviction, Adjourned to Heidelberg Magistrates' Court on 13 December 2024.

Accused released upon giving an Undertaking starting on 15 December 2023.

Accused to be of good behaviour during the period of adjournment.

The accused is to pay $6,000.00 to the Court Fund.

Ordered to pay EPA costs in the amount of $1,834.00.

 

Reviewed 29 January 2024