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HOPLEY Recycling and two of its directors have been charged with a combined 66 offences by the Environment Protection Authority for allegedly failing to comply with clean-up notices.
The alleged offences occurred between 2013 and 2015 at a property adjacent to the business’ White Hills site.
The EPA claims Hopley Recycling failed to stop accepting industrial waste, and failed to remove industrial waste, despite being issued with several clean-up notices.
The charges state the company “contravened without reasonable cause” the clean-up notice, and allegedly failed to notify the EPA that industrial waste had been deposited at the premises.
Hopley Recycling also allegedly failed to produce documents to an EPA officer, and allowed industrial waste to be deposited at a non-licensed site.
In a statement, EPA Victoria listed some of the offences:
- The accused to whom a clean up notice was directed, contravened without reasonable cause, the requirements of the notice, in that the accused received industrial waste at the premises;
- The accused to whom a clean up notice was directed, contravened without reasonable cause, the requirements of the notice, in that the accused failed to immediately notify the EPA that industrial waste had been deposited at the premises;
- The accused to whom a clean up notice was directed, contravened without reasonable cause, the requirements of the notice, in that the accused had not removed all remaining industrial waste from the premises;
- The accused failed to comply with requirement made by EPA Authorised Officer, namely the accused failed to produce to the Authorised Officer documents required under a Notice to Produce; and
- Permitting industrial waste to be deposited at a premises not licenced to receive that particular kind of industrial waste.
Latest in lengthening line of legal sagas
EPA Victoria is the latest in a string of authorities to take legal action against Hopley Recycling in the last four years.
The City of Greater Bendigo has consistently claimed the company is using the White Hills site without its permission, and made numerous attempts to force them to remove the industrial waste.
The council took the matter was taken to the Victorian Civil and Administrative Tribunal, which ordered Hopley Recycling from the site by June 2016 – which was later extended by three months.
The company’s application to further extend the deadline to June 2017 was rejected.
In 2015, the City of Greater Bendigo withdrew its own charges against Hopley Recycling after deciding they were satisfied with the company’s commitment to clear the site.
In February this year, business owner Ken Hopley said the matter was “all sorted”, that all materials had been removed the site, and the money owed from legal proceedings had been paid.
EPA Victoria could not comment on the matter, as it is now before the courts.
The matter is expected to appear before the Bendigo Magistrates’ Court on Monday.
Hopley Recycling owner Ken Hopley declined to comment.