Date of offence
8 October 2019 and 25 March 2020
Type of offence

Charges:

1. Failed to comply with Pollution Abatement Notice at Collingwood on 08.10.2019, contrary to s.31A(7).

2. Failed to comply with Pollution Abatement Notice at Collingwood on 25.03.2020, contrary to s.31A(7).

Background of offence

ACN 111 762 362 Pty Ltd (the accused) formerly (Filomena Pty Ltd) is the registered proprietary owner and occupier of the premises located at 65-69 Keele Street, Collingwodd ('Premises"). Dimitrios ANDRIANOPOULOS ("ANDRIANOPOULOS") is the sole director of Filomena.

The premises currently contains of an active service (fuel station) and residential dwellings lie adjacent to its Northern, Eastern and Western boundaries. EPA are aware that land uses of the premises have likely caused hydrocarbon contamination of groundwater and potentially soil beneath the premises.

On 01 August 2019 an EPA officer served a s31A Pollution Abatement ("PAN 90010217") requiring Filomena to monitor the underground petroleum storage systems for leaks and subsequently provide a monitoring report.

The testing required by PAN 90010217 was carried out more than 7 weeks after the specified notice compliance date. The subsequent report wasn't supplied until 185 days after the set compliance date.

On 07 February 2020, the EPA officer served another s31A Pollution Abatement Notice ("PAN 90010419") requiring Filomena to conduct and supply a detailed site investigation report.

The report required to be provided under PAN 90010419 was not supplied until 617 days after the set compliance date.

During a record of interview, ANDRIANOPOULOS admitted that he had not complied with the requirements of both PANs by due dates.

Date of court hearing
19 May 2022
Date of court order
20 May 2022
Court magistrate
H P Murphy
Court location
Heidelberg Magistrates' Court
Proceeding number
M12375429

Court orders made

With conviction, fined $2,500.00 as part of an aggregate order.

FILOMENA PTY LTD (Accused) ordered to pay costs in the amount of $2,000.00

Reviewed 3 October 2023