Defendant Cromatec Electroplatting
Incident
On 10 November 2003 Cromatec breached its EPA licence condition
by failing to advise their transporter that the waste they were
transporting and disposing of was filter cake and not clean fill.
This resulted in the listed waste which contained heavy metals,
being disposed of at the Wingfield Landfill as clean fill instead
of being disposed of at a site licenced to receive such hazardous
waste.
Outcome ERDC-18 March 2005
Charge: Breach of licence condition; guilty plea.
Fined: $6,000 and an order to pay EPA technical costs of $3,433.
~~~~~~~~~~
Defendant TransAdelaide
Incident
Between 21 July 2003 and 24 July 2003 equipment used for pumping
diesel fuel to railcars failed. Approximately 15,000 litres of
diesel fuel spilled over bunding into the stormwater system, and
into the River Torrens.
Outcome ERDC-15 November 2004
Charge: Causing serious environmental harm by polluting the
environment recklessly and with the knowledge that environmental
harm would or might result [section 79 (1)], guilty plea.
Fined: $120,000 plus costs of $28,757.09.
~~~~~~~~~~
Defendant Kangaroo Island
Council
Incident
The council operates three waste depots on the island, the
council breached conditions of an environmental authorisation,
including:
- failure to provide environmental management plans to EPA
- failure to provide groundwater monitoring plan
- waste not covered
- previously buried waste uncovered
- litter escaping from grounds of depot.
Outcome ERCD-19 August 2004
Charge: Breach of licence conditions; guilty plea.
Fined: $75,000 plus costs of $1,507.67.
~~~~~~~~~~
Defendant Chiltern Woods
Pty Ltd and Midfield Pastoral Pty Ltd
Incident
From 1 July 2001 to 23 July 2002 the defendants operated a cattle
feedlot in the South East of South Australia (a prescribed activity
of environmental significance) without environmental authorisation.
Outcome ERDC-2 July 2004
Charge: Operating without environmental authorisation [section
36 (1)]; guilty pleas.
Fined: Chilton Woods Pty Ltd was fined $34,000 plus $6,000 costs,
Midfield Pastoral were not fined.
~~~~~~~~~~
Defendant SA Water
Incident
SA Water is the operator of the sewage network in Port Lincoln.
On 24 May 2002 there was a burst in the sewer pipe in Laguna Drive
Port Lincoln. 20,000 litres of sewage was pumped into the stormwater
system from an excavation pit. The wastewater subsequently entered
a Marina.
Outcome ERCD-7 May 2004
Charge: Causing an environmental nuisance (Section 82); guilty
plea.
Fined: $13,500.
Defendant Gregory John Gogel,
Murray Bridge; licensed waste contractor
Incident
14 September 2001: Dumping of septic tank waste at non-approved
site.
Outcome ERDC-9 October 2002
Charge: Breach of licence condition; guilty plea.
Fined: $13,650.
~~~~~~~~~~
Defendant Brambles Australia
Ltd-t/a Cleanaway, Wingfield
Incident
13 June 2000: Acid plume.
Outcome ERDC-13 May 2002
Found not guilty.
Costs awarded against EPA: $51,277.99 (Costs $22995.73; disbursements
$28,282.26; reduction of $4277.99).
Total costs against EPA $47,000.
~~~~~~~~~~
Defendant Hamilton Wine Group
Pty Ltd, Leconfield, Coonawarra
Incident
30 July 2000 to 1 November 2001: Hamiltons Wines contravened a
condition of their licence by failing to submit an environment
improvement program by the due date.
Outcome ERDC-15 March 2002
Charge: Breach of licence condition, s45(5) Environment Protection
Act 1993.
Fined: $16,325.
Costs: $1675.
~~~~~~~~~~
Defendant Sahrax Pty Ltd,
Max Way; Waste Depot
Incident
November 2000: Failure to have a person in attendance at a waste
depot when gates open, failure to lock gates
Outcome ERDC-11 December 2001
Charge: Breach of licence condition, s45(5) Environment Protection
Act 1993 (2 counts).
Fined: Count 1-$1000. Count 2-Found not guilty; EPA to pay $300
to defendant.
~~~~~~~~~~
Defendant Rocla Ltd, Rowland
Flat
Incident
28 July 2000: Breached wall in silt retention dam
Outcome ERDC-15 October 2001
Charge: Caused environmental nuisance, s82 Environment Protection
Act 1993. Pleaded guilty, convicted.
Fined: $6250 .
Ordered to pay costs of $1600 to EPA plus $3500 to Crown for
prosecution costs.
~~~~~~~~~~
Defendant Luigi. Rulla, 22
Pitanda Road, Banksia Park
Incident
27 October 2000: Escape of toxic fumes from buried containers
Outcome ERDC-5 October 2001
Charge: Caused material environmental harm, section 80(2) Environment
Protection Act 1993. Pleaded guilty; convicted.
Fined: $10,500.
Offender payed $2000 in technical costs and $5000 in costs to
Environment Protection Fund for disposal of contaminated soil
and waste. He also agreed to pay $4500 to Tea Tree Gully Mouldings
and Mitre 10 as compensation for their loss.
~~~~~~~~~~
Defendant Mobil Refining
Australia Pty Ltd, Pt Stanvac
Incident
28 June 1999: Crude oil was transferred from a ship to on shore
storage at the refinery. At the completion of the transfer Mobil
used procedures to evacuate oil from the transfer hose. A pressure
surge occurred causing a marine breakaway coupling fitted to the
hose to activate. The coupling did not activate as designed and
approximately 270,000 litres of oil entered the waters of Port
Stanvac. The oil spill was successfully cleaned up.
Outcome Christies Beach Magistrates Court-13 June 2001
Charge: Discharged oil from apparatus. Section 26 Pollution
of Waters by Oil & Noxious Substances Act 1987.
Fined: $50,000.
Costs: $50,000.
~~~~~~~~~~
Defendant Brambles Australia
Ltd-t/a Cleanaway, Wingfield.
Incident
23 March 1999: About 1200 litres of methyl ethyl ketone peroxides
(MEKP) were received at the Cleanaway treatment plant for disposal.
An employee was directed to decant the liquid into a bulky bin
so that the MEKP could be fed into the furnace for incineration.
The employee placed approximately 700 litres into a bin and completed
duty for the day. Several hours later the MEKP reacted with a
contaminant in the bin and ignited. A large fire destroyed the
MEKP and part of the treatment plant and caused South Road to
be closed for several hours due to smoke.
Outcome ERDC-16 May 2001
Charge: Caused environmental nuisance, section 82 Environment
Protection Act 1993.
Fined: $18,750.
~~~~~~~~~~
Defendant G&V Trimboli,
Gawler River
Incident
31 August 2000: The Trimbolis operated a licensed waste depot
at Gawler River. As part of conditions of licence they were required
to have a person supervising the depot during operating hours.
An inspection revealed that no person was present and vehicles
were still depositing waste at the depot.
Outcome ERDC-15 May 2001
Charge: Breach of licence conditions, Section 45(5) Environment
Protection Act 1993.
Fine: $2000.
~~~~~~~~~~
Defendant Pasminco Pt Pirie
Smelter Pty Ltd, Port Pirie
Incident
3 May 1999: Zinc electrolyte solution (ZE) was placed into a holding
tank at the smelter. As a result of a possible blockage at the
top of cooling towers, ZE escaped the system and into the holding
tank. This tank then overflowed into a bunded area. A sluice gate
in the bunded area was open and it allowed approximately 20 kilolitres
of ZE to flow to the marine environment near First Creek. Fifty
fish were later found dead in this area.
Outcome ERDC-16 March 2001
Charge: Caused material environmental harm, section 80(2) Environment
Protection Act 1993.
Fined: $40,000.
~~~~~~~~~~
Defendant Southcorp Wines
Pty Ltd, Nuriootpa
Incident
5 May 2000: Numerous complaints from residents of the Barossa
Valley were received of polluted water and dead fish in the North
Para River. An investigation showed that Southcorp Wines, who
operated a winery on the banks of the river, had an electrical
problem with a winery effluent sump. The sump was designed to
pump effluent to lagoons on the property but because of the electrical
failure winery effluent had entered a drain and flowed to the
North Para River. It is estimated that approximately 10 megalitres
of winery effluent entered the river. A successful cleanup was
undertaken.
Outcome ERDC-18 December 2000
Charges: Caused serious environmental harm, Section 79(2) Environment
Protection Act 1993. Failure to report incident, Section
83 Environment Protection Act 1993. Breached licence
conditions, Section 45(5) Environment Protection Act 1993.
Fined: total of $118,000.
Costs: $21,000.
~~~~~~~~~~
Defendant Holden Limited,
Elizabeth
Incident
5 June 1998: Employees of the defendant at its premises at Elizabeth
discharged waste, namely water containing Henkel SDC, into the
stormwater system that entered the Little Para River at Salisbury
causing an unsightly and offensive condition.
Outcome ERDC-18 October 1999
Charge: Caused environmental nuisance, section 82; contravened
conditions of an environmental authorisation.
Fined: $20,000 for environmental nuisance. $5000 for breach
of licence condition.
~~~~~~~~~~
Defendant Mobil Refining
Australia Pty Ltd, Lonsdale
Incident
29 April 1998: An employee of the defendant at its refinery at
Lonsdale discharged the gas ethyl mercaptan into the environment,
causing actual harm to the health and safety of persons which
was not trivial, and which caused loss exceeding $5000.
Outcome ERDC-30 April 1999
Charge: Caused material environmental harm, section 80(2) of
the Environment Protection Act 1993.
Fined: $24,000.
Costs: $600.
