Don’t want to comply? We’ll see you in court says EPA

EPA Victoria is taking no rubbish from polluters. In June this year the environment regulator slapped eight offenders with criminal charges for failing to comply with its regulatory notices.

EPA’s Chief Investigator Dan Hunt, of the Environmental Crime Branch, says the charges are for individuals, companies, and company directors who have had their chance to stay out of trouble.

“These are cases that all carry a simple message: if EPA issues you a regulatory notice we expect you to comply, and if you don’t, we’ll see you in court,” Mr Hunt said.

“The current list of cases is typical: they were ordered to clean up a mess, take measures to manage the risk of fire in their waste stockpiles, provide proof that they had properly and lawfully disposed of waste, or had an independent environmental assessment of their site. In each case, they chose to not comply,” he said.

EPA has a variety of regulatory notices that can order a clean-up of waste or contamination, require the installation of improved controls to prevent pollution, or even prohibit a company from operating until it fixes the problem EPA has identified.

The environmental watchdog can also issue fines for failure to provide reporting that shows compliance with the regulatory notice – the fines are close to $2,000 for an individual and just under $10,000 for a company. However, where companies or individuals have not met the requirements of the notice and chosen to ignore the action required, EPA will take the offender to court for prosecution.

“As the State’s Environmental Regulator, we must uphold the integrity of our statutory notices, and if you choose to ignore the requirements, EPA will prosecute you,” Mr Hunt said.

“And while you face a costly and time-consuming prosecution, EPA will typically seek orders from the court to enforce the requirements of the original notice. A breach of court order is a serious offence that can lead to severe penalties including imprisonment,” he said.

The current list of charges includes cases in the north, west and south metropolitan regions, the northeast and southwest of the state, and the Gippsland region.

Some of the cases started with routine inspections by EPA officers, and others came from tipoffs from the public, including anonymous calls detailing concerns of poor environmental management or criminal behaviour.

Members of the public can report pollution by calling EPA’s 24-hour hotline on 1300 372 842 or providing details online at epa.vic.gov.au/report-pollution/reporting-pollution