Date of offence
Between 01 Jul 2008 and 16 Dec 2009
Type of offence
Dump industrial waste at an unlicensed site, at Hamilton between 01.07.08 and 16.12.09, contrary to s.27A(2)(a).
Background of offence
Norman Kenny  operated a waste removal business called Norm’s Waste Disposal. In November 2009 a member of the public reported the waste had been dumped at Rowe’s Sawmill Pty Ltd on 358 Glenelg Highway, Hamilton. The landowner and sole director of Rowe’s Sawmill Pty Ltd, Edward Leonard Rowe, permitted the waste to be dumped on his property. Subsequent inspections by both the Southern Grampians Shire Council and EPA  found a significant volume of building waste left on site.
After failing to pay tip fees, Mr Kenny had his contract to provide and collect rubbish bins and skips from council properties terminated by the Southern Grampians Shire Council and he was denied access to the council’s refuse depots. Mr Kenny said he picked up the plaster waste from Boral, dumping an estimated two or three 1.2 cubic metre bin loads of waste plaster a week over the period of a year.
Remedial action taken by EPA
Clean Up Notice

Clean Up Notice issued pursuant to section 62A of the EP Act.
Date of court hearing
15 June 2011
Date of court order
15 June 2011
Court magistrate
Mr J. Klestadt
Court location
Hamilton
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, dumping of industrial waste is priority area of enforcement. This prosecution was also aligned to the Illegal Dumping Strikeforce.

Court orders made

Convicted and fined $10,000

Costs: 5,378.17

Reviewed 16 March 2020