Date of offence
08 June 2022
Type of offence
1. Breach a condition of a licence at Dandenong South on 08 June 2022, contrary to s.63(1).
Background of offence

1. Cleanaway Daniels Services held an operating licence for its activity site in Dandenong South which contained the condition (OL_WM4): “You must ensure that waste does not burn at the activity site.”

2. Cleanaway Daniels accepts and treats medical waste, which is then transported offsite for disposal to landfill.  EPA has been advised by Cleanaway Daniels that “80% to 90% of Melbourne’s medical waste comes through this facility.”

3. The Activity Site contained a hammermill, a piece of plant used to physically shred waste, prior to the waste’s chemical treatment and compaction.

4. At approximately 1:47 pm on 8 June 2022 an explosion and fire started in the hammermill during processing of clinical and related waste. An operator noticed smoke and notified the office, after which emergency services and the EPA were notified.

5. At about 2:00 pm, Fire Rescue Victoria (FRV) crews were dispatched to combat the fire and were at the Activity Site shortly thereafter. In total, there were eight pumping fire appliances from both CFA and FRV, one ladder platform FRV (aerial appliance), and breathing apparatus support vehicle of FRV.

6. The fire was brought under control by about 2:45pm but had not been extinguished by that stage. FRV’s management of the fire ended at approximately 7:00 pm, at which time they conducted a hot spot search to identify any further fire potential using thermal imaging cameras. A glow was identified overnight within the hammermill, so FRV were recalled back to the site in the early morning of 9 June 2022.

7. There was no automatic fire detection system in place in the factory building in which the hammermill was housed. An automatic fire detection system could have operated to supress the fire and its spread. The Taproot Report that was prepared after an incident on 28 February 2022 recommended that a detection system be installed, but this was not actioned prior to 8 June 2022.

Date of court hearing
25 November 2024
Date of court order
26 November 2024
Court magistrate
J P Ayres
Court location
Dandenong
Proceeding number
Q10523685

Court orders made

Without conviction, fined $40,000.00 and ordered to pay EPA costs in the amount of $14,906.00.

Additionally, pursuant to s.330 of the EP Act, an Adverse Publication Order was signed, ordering Cleanaway Daniels to publicise its offending, the consequences, any penalties imposed and to publish a notice about the court proceedings.

Orders are stayed for 3 months from date of sentence.

Reviewed 14 January 2025