Charge 1: Did cause an environmental hazard at Laverton North from 19.09.2017 to 20.09.2017, contrary to s.27A(1)(c).

Charge 2: Did dump industrial waste at unlicensed site at Laverton North from 19.09.2017 to 20.09.2017, contrary to s.27A(2)(a).

Charge 3: Did pollute waters to make poisonous at Laverton North from 19.09.2017 to 20.09.2017, contrary to s.39(1)(a).

On 11 November, 2019, Chemprod Nominees Pty Ltd trading as Omega Chemicals (Chemprod), pleaded guilty at the Sunshine Magistrates' Court to charges of causing an environmental hazard, depositing waste to an unlicensed site and pollution of waters.

Chemprod was found guilty without conviction and fined $30,000.

Chemprod was charged by the Environment Protection Authority (EPA) under sections 27(1A), 27A(2), and 39(1) of the Environment Protection Act 1970.

The offences relate to Chemprod discharging industrial wastewater which contained sodium metabisulphite (SMBS) from its premises at 47–61 Fitzgerald Road, Laverton North into Kayes Drain on or about 19 September 2017. The wastewater discharge appeared as a white sludge and was first detected approximately two kilometres downstream from Chemprod’s facility. Kayes Drain is an open stormwater drain that ultimately flows into Altona Bay via Laverton Creek and the Altona Foreshore Reserve wetlands.

Analysis of water samples taken by EPA officers concluded that the wastewater discharge from Chemprod’s premises polluted waters in Kayes Drain by making them potentially harmful to the welfare, safety or property of humans. The analysis also concluded that the wastewater discharge posed an environmental hazard, as there was potential to harm aquatic life downstream of Kayes Drain. This finding is consistent with the material safety data sheet for SMBS, which provides that it should not be allowed into waterways as it has a high chemical consumption of oxygen and can have a negative effect on aquatic organisms.