Charges:

1. Fail to comply with PAN at Tottenham on 1 June 2020, contrary to s.31A(7).

2. Fail to comply with PAN at Tottenham on 25 May 2020, contrary to s.31A(7).

3. Fail to comply with PAN at Tottenham on 2 June 2020, contrary to s.31A(7).

4. Contravene requirements of notice at Tottenham on 24 July 2020, contrary to s.62A(3).

Tottenham metal recycler Manhari International Pty Ltd has been fined $16,000 and ordered to pay Environment Protection Authority Victoria’s (EPA) $14,000 costs at Sunshine Magistrates Court.

EPA laid the charges after the company failed to comply with the conditions of a Pollution Abatement Notice, which is a legally enforceable instrument.

Director Pooja Chaudhary and business development manager Madhur Gupta pled guilty to three charges of noncompliance.

The noncompliance concerned:

• failure to install (and report on) engineering controls across an area used for stockpiling and processing waste materials so as to contain any spills or leaks of liquid waste from such activities and prevent them from gaining access to land.
• failure to install (and report on) controls or modifications across an area used for stockpiling and processing waste materials that prevented liquid waste from entering the storm water network.

• failure to modify the configuration of a stockpile of scrap metal containing CRWM stored outdoors.

They also failed to comply with an EPA Clean Up Notice in that they did not provide a Sampling Analytical and Quality Plan as required nor did they complete a Site Investigation as required. They also did not provide a written report to the EPA as required.

The Magistrate, in making their ruling on 19 June 2023, took into account the guilty pleas but also imposed a 12-month good behaviour bond.

EPA Acting CEO Suzy Neilan said Manhari should have complied with all the conditions of the notices.

“This is a clear message to all businesses that protecting the environment is everyone’s business and part of that duty is to ensure EPA notices are complied with,” said Ms Neilan.

“We will assist a business to understand its compliance obligations but if we feel it is not acting, we will look for direct action from the courts.”