CHARGES:

1 & 2: Caused an environmental hazard at Moriac on 4 June 2021, contrary to s.66B.

1. On 2 February 2021, Digga Excavations and Demolition Pty Ltd (Digga) was subcontracted to undertake demolition and excavation work at 75-79 Queen Street Colac.
2. During demolition and excavation works Digga identified that topsoil at the premises may be contaminated with asbestos. Throughout March 2021 the soil was abated by removing asbestos.
3. Following the abatement of the soil, on 6 April 2021, Digga was contacted by a local landowner, Leslie Weedon (Weedon) regarding the soil excavated from the premises. Fowkes and Weedon agreed that Digga would deposit the soil at Weedon’s property free of charge.
4. On 8 April 2021, Digga, through its Operations Manager Leigh Beattie (Beattie), was provided with soil analysis from a consultant who had tested the soil for asbestos and other contaminants. The soil analysis showed that the soil was category C contaminated and therefore prescribed industrial waste. However, Beattie misunderstood whether the report indicated that the soil was contaminated or clean fill.
5. On the basis of Beattie’s belief that the soil was clean fill, Digga deposited the soil at Weedon’s property at 52 Ballagh St Elliminyt (Elliminyt premises) on 13 April 2021. The Elliminyt premises was not licenced or otherwise authorised to receive category C soil and this therefore constituted illegal deposit of industrial waste as per Charge 1.
6. EPA received a pollution report alleging illegal dumping at the Elliminyt site and, following investigations, issued a Clean Up Notice on Digga on 20 May 2021 to dispose of the soil at a lawful place.
7. On June 4 2021, Digga transported and category C soil from Elliminyt to Digga’s depot at 722 Cape Otway Road, Moriac (Moriac) and deposited it there. The sole proprietor of Moriac is Fowkes. Moriac was not licenced or otherwise authorised to receive the waste and this therefore constituting illegal deposit and transportation of prescribed industrial waste as per Charges 2 and 3.