The EPA has successfully prosecuted repeat offenders, who have received a record $1.1 million in fines over what the EPA described as “excursions into criminality.”
D&J Holdings SA, operating facilities out of Penfield and Direk in South Australia, as well as its manager and director, have been prosecuted after it was found that there were no controls in place for received waste, including asbestos that was not appropriately controlled.
In the Environment, Resources and Development Court, Judge Michale Durrant said the case involved serious examples of deliberate offending. He has overseen the case of illegal construction and demolition waste facilities.
It was heard in court that both construction and demolition waste was processed at another site owned by the business in January of 2022. The EPA was aware of the company that had raised the ire of the EPA for unlicensed sites, and the company was also aware of the requirement to have EPA authorisations to operate waste facilities.
The waste levies that would have been payable had the sites been licensed were $796,000 for Penfield and $826,000 for Direk.
The defendants pleaded guilty in court to two counts each of undertaking an activity of environmental significance without an EPA authorisation, two counts each of causing material environmental harm and three counts of failing to comply with clean-up orders.
D&J Holdings was fined a total of $241,000, Mr Green a total of $161,000 and Ms Moros a total of $108,500, with the three defendants also required to pay $680,000 to the EPA.
EPA acting director of operations Steven Sergi said that the hoped the penalties would act as a strong deterrent for other potential illegal waste operators.
“Legitimate operators are licensed by the EPA and pay disposal fees that include a waste levy that is in place to incentivise resource recovery and reduce the amount of resources sent to landfill,” he said