- Date of offence
- Between 04 Feb 2009 and 05 Feb 2009
- Type of offence
- Pollute waters and make detrimental to any beneficial use made of those waters at Bayswater from 04.02.09 to 05.02.09, contrary to s.39(1)(e).
- Background of offence
- Eastern Big Twin Pty Ltd hired a 1000 litre container for the collection, storage and removal of used oils and other oily liquids. The container was stored at the rear of a property near the company’s Scoresby Rd site. The company filled the container with the waste liquid. The container sat uncollected for 16 days from 18 January 2009 to 4 February 2009. On 4 February 2009 the contents of the container were emptied, leading to an unknown quantity of oily mixture flowing toward the stormwater drain, where it entered Old Joe’s Creek before flowing into Dandenong Creek. The company, upon discovering the spill, immediately notified police and EPA. Clean up of the area took several days and resulted in 22,000 litres of oily water being removed from both the creek and a stormwater pit. Samples undertaken by EPA at a number of locations confirmed the oil in the the creek matched the samples taken in the container. EPA scientists used a complex method of sample fingerprinting to verify the samples. A number of birds were found in the creek with oil coating on their wings. This oil was also consistent with the sample taken from the container.
- Remedial action taken by EPA
- Clean Up Notice
Clean Up Notice issued pursuant to section 62A of the EP Act. - Date of court hearing
- 15 November 2010
- Date of court order
- 15 November 2010
- Court magistrate
- Mr L. Brear
- Court location
- Ringwood
- Reasons for prosecution
- In accordance with the Compliance and Enforcement Policy this matter involved actual environmental harm to fauna.
Court orders made
Without conviction, the accused gave an Undertaking to be of good behaviour for a period of 12 months.
Costs: $30,000 – Initial payment of $10,000 by 15/11/2010.
Reviewed 13 March 2020
