Date of offence

Between 09 Jul 2009 and 09 Jul 2009

Type of offence

Discard industrial waste by burning at an unlicensed site at Moolap on 09.07.10, contrary to s.27A(2)(a).

Background of offence

In 2006 , John Tsorotes and a business partner leased a property at  132-160 Point Henry Rd, Geelong. Over the next two years increasing volumes of industrial waste (including  building and demolition waste) were accepted on the site and the landowner became increasingly concerned and requested the waste be removed. EPA attended the premises in 2009 and issued a Clean Up Notice.  Tsorotes did not comply with the Notice. EPA also observed Tsorotes burning industrial waste. On 9 July 2010, EPA officers observed John Tsorotes burning waste. When the officers approached John Tsorotes to explain why he was burning the waste, Mr Tsorotes claimed he did so to keep nearby homeless people warm. EPA was of the view that burning amounted to discarded of industrial waste. This submission was accepted by the presiding Magistrate.

Remedial action taken by EPA

Clean Up Notice

Clean Up Notice issued pursuant to section 62A of the EP Act.

Date of court hearing

6 July 2011

Date of court order

3 August 2011

Court magistrate

Mr I. von Einem

Court location

Geelong

Reasons for prosecution

In accordance with the Compliance and Enforcement Policy, this mater involved a high degree of culpability (exacerbated by Tsorotes disregard of the clean up notice).