The NSW branch of the Environmental Protection Authority recently fined Sunset Power International Pty Ltd $30,000 over an asbestos pollution incident from 2018. The incident involved a large stockpile of asbestos-containing material and other waste spreading over 30,000 square metres at the company’s dam near Lake Macquarie.
Lawyers from Environmental Justice Australia say that the fine sends a message that the risk to public health is worth less than the corporate welfare of the company.
“This paltry fine for serious environmental breaches is unlikely to materially affect Delta’s bottom line and so will not be a disincentive to pollute,” said EJA lawyer, Jocelyn McGarity.
“It’s disappointing to note that although the EPA recently amended its Prosecution Guidelines to include the consideration of human health and environmental justice principles, it has obviously given these factors little weight in deciding not to prosecute Delta.
“Had the EPA taken legal action, the maximum penalty available for each breach was $2M.
“A final clean-up notice hasn’t even been issued yet for the remainder of the dumped material on the site.
“The $30,000 fine is a negligible sum for the privately-owned power station, valued at $750M, especially given the news last week that taxpayers are funding a multi-million dollar upgrade to the ageing power station, without specifying air pollution controls.”
The lawyers have explained that the pollution controls placed on the site at Vales Point are inadequate and the site is emitting pollutants far above limits in comparable countries.
“These factors must be addressed to protect the public from exposure,” McGarity said.
“For decades, communities living next to the Vales Point coal-burning power station have raised concerns about the health impacts of coal pollution, including poorly managed coal ash dumps.
“These ash dumps, even before being filled with asbestos, as in the case of Vales Point, are loaded with dangerous heavy metals that can leach into local waterways like Lake Macquarie and pose a significant threat to the local community.
“Instead of rewarding these industries with public funds to operate for longer, governments must urgently move to address the serious flaws in our regulatory system.
“Our EPAs should be empowered with stronger national pollution standards which would make sure that these power stations have proper pollution controls on their smoke stacks and ash dams to protect community health,” McGarity said.