Charges: John Zammit:

1. Did dump industrial waste at unlicensed site at Lovely Banks, VIC from 24.06.2019 to 28.08.2019, contrary to s.27A(2)(a).

2. Did fail to comply with Pollution Abatement Notice at Lovely Banks, VIC on 03.10.2019, contrary to s.31A(7).

3. Did disobey minor works pollution abatement notice at Lovely Banks, Vic on 06.05.2019, contrary to s.31B(6).

4. Occupier contravene at Lovely Banks, VIC on 28.08.2019, contrary to s.19A(8).

Charges: Natalie Elizabeth Zammit:

1. Did dump industrial waste at unlicensed site at Lovely Banks, VIC from 24.06.2019 to 28.08.2019, contrary to s.27A(2).

John and Natalie Zammit (the Accused) operates a materials recycling facility holding a permit to process clean film, clay, rock, concrete, asphalt, bricks, roof tiles, topsoil, filling sand and aluminium oxide. They were not permitted to store timber wastes.

On 24 March 2019 EPA attended the premises with the Country Fire Authority (CFA) in response to a fire in a timber mulch stockpile. The fire was smouldering deep within the stockpile.

On 25 March 2019 EPA re-attended the premises, stockpile was still yet to be extinguished. EPA observed a mulch waste timber stockpile at the premises which exceeded the permitted stockpile dimensions.

On 27 March 2019 EPA again attended the premises, fire in the mulch stockpile was still burning. Officers observed 3 stockpiles of mixed timber waste which exceeded the permitted dimensions. The stockpiles had limited accessibility for firefighting vehicles.

On 3 April 2019, Officers re-attended the premises and served a Minor Works Pollution Abatement Notice requiring modifications to the storage of CWRMs, to reduce the risks of impacts from fire. The modifications were to be completed by 22 April 2019.

On application the EPA issued an amended Minor Works Pollution Abatement Notice on 17 April 2019 extending the compliance date until 3 May 2019. The notice included requirements that the accused modify the storage of combustible recyclable and waste material (CWRM) so that the maximum height of any CWRM material stockpile complied with the height permitted (4 metres).

The premises was inspected for compliance on 6 May 2019. The corporate accused had failed to comply with the notice requirements relating to the reconfiguration of CRWMs. 

On 5 June 2019 EPA conducted an aerial survey of the premises. The survey confirmed that CRWM stockpiles at the premises significantly exceeded the permitted dimensions.

On 24 June 2019 Pollution Abatement Notice was served upon the corporate accused, again requiring modifications to CWRM storage, this time with a compliance date of 2 September 2019.

Further inspections were carried out during September - November 2019, where it was confirmed CWRM stockpiles at the premises remained significantly oversized. A further inspection was conducted on 13 January 2020 revealing stockpile dimensions still in excess of those specified in PAN.