- Date of offence
- Between 01 Oct 2011 and 31 Oct 2011
- Type of offence
Permit to be dumped, deposited or discarded industrial waste, namely asbestos and concrete, at an unlicensed site at Tatong in or about October 2011, contrary to s.27A(2)(a).
- Background of offence
Mr Ian Philip Cuming owns a property at Tatong in Northern Victoria. There were disused pigsties on the property and Cuming had engaged Mr Ross McMahen to renovate a cottage on the property. Mc Mahen suggested that he remove the pigsties as well. Cuming agreed. The two men agreed that the pigsties would be disposed of by digging a trench on the site and burying them. Mr McMahen engaged Extons Pty Ltd who demolished and buried the pigsties.
EPA returned to the premises where McMahen admitted burial of concrete and asbestos at the site. A direction was served on Mr McMahen to cease demolition, excavation and to not disturb or remove any demolition waste. Samples of the waste were collected and a clean up notice was issued. EPA received a report that approximately 224 tonnes of waste had been removed from the premises at a cost of $49,288.80.
Again, based on the report of the neighbour, EPA officer returned to the site on 19/1/12. Using a contractor with an excavator, the officers found a second pit of waste asbestos. A new clean up notice was issued for the second pit. EPA received a report that 113 tonnes of waste had been removed from the premises at a cost of $24,965.60.
- Date of court hearing
- 27 January 2015
- Date of court order
- 27 January 2015
- Court magistrate
- Mr Ian Watkins
- Court location
- Benalla
- Proceeding number
- E13703982
- Reasons for prosecution
- In accordance with the Compliance and Enforcement Policy, this matter involved deception of burying waste that should have been taken to a licensed landfill in the first place, and a high degree of culpability from all involved. EPA also took into account the potential harmful effects of asbestos.
Court orders made
Without conviction, fined $2,500.
Costs: $4,620.92
Reviewed 13 March 2020