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Hopley Recycling and two company directors will face the Bendigo Magistrate’s Court after allegedly failing to comply with Environment Protection Authority orders to clean up the former White Hills tip site.
The EPA issued several clean up notices on Hopley Recycling in 2013, requiring it to stop accepting industrial waste at the premises adjacent to the company’s White Hills site and for all industrial waste to be removed and taken to a site either licensed or permitted to receive it.
The EPA alleges Hopley Demolition breached the Environment Protection Act 1970 by failing to comply with clean-up notices, and allegedly not being forthcoming with requests for documents.
Here’s how the saga has evolved:
1982
Hopley Demolition founded
2005
Hopley moves into recycling industrial material, at its site on Simpsons Road, Eaglehawk
2007
As residential housing comes closer to the Hopley processing site, council works with the company to help them find a new site.
June 4, 2008
The City of Greater Bendigo approves a planning permit for Hopley to establish a crushing plant at Powells Street, White Hills.
November, 2008
Council threatens an “official warning” to Hopley to stop crushing material at Eaglehawk site, while it continues to wait for departmental confirmation for the business to move to White Hills.
The move eventually goes ahead.
2009
Hopley purchases a new processing plant for the White Hills site
Early, 2012
City of Greater Bendigo planning director Prue Mansfield first learns the company has started storing industrial waste on the old tip site, on council land – outside of its lease site.
November, 2012
The City of Greater Bendigo orders a survey of the land. Council officers meet with Hopley to discuss next steps.
2013
Council commissions the Meinhardt Report, which finds extensive assessments are needed at the old tip site before it is safe for future use.
April 15, 2013
The City of Greater Bendigo grants permission for Hopley to build infrastructure for water pipe to dam on landfill site.
July 2013
Council orders Hopley clean up and get off the old tip, claiming the company has been illegally trespassing.
The EPA has also issued the company with a Pollution Abatement Notice and Clean Up notice.
August 13, 2013
Hopley continues to store industrial waste – before and after it has been processed – on the council’s land.
August 14, 2013
EPA promises state government it will continue to monitor old White Hills tip.
August 24, 2013
Councillors authorise a move to launch legal action in VCAT against Hopley unless it removes the industrial waste by December 31.
Council continues to support Hopley’s work on its leased land, but not on the old tip.
December 31, 2013
City of Greater Bendigo starts legal action in VCAT against Hopley after the company fails to clean up its material on the old tip.
April, 2014
Hopley applies for temporary permit to operate at White Hills while material is removed, council recommends that the application is refused.
April 28, 2014
VCAT orders Hopley to stop storing processed material on the council’s land.
May 14, 2014
Hopley agrees not to place any new waste or material on the old tip, and to provide an “extensive relocation plan”.
VCAT gives the company until June 1, 2015, to remove the waste.
Early 2015
Hopley seeks a new site for the business. The council suggests a site alongside the Chinese diggings at Haywood link.
Hopley spends $10,000 investigating the site but was not confident it would gain departmental approval.
May 10, 2015
The City of Greater Bendigo presses criminal charges against Hopley for his alleged failure to remove industrial waste from the old tip.
May 26, 2015
Hopley applies for more time from VCAT to remove its waste from the council’s land, with it likely it will miss the June 1 deadline.
July 13, 2015
Hopley asks VCAT to allow it to temporarily remain on the old tip site while the material is removed. City of Greater Bendigo officers recommend asking VCAT to reject the application.
July 14, 2015
Company owner Ken Hopley sends a four-page letter to each councillor urging them to visit the site for a meeting, and to support his application for more time from VCAT.
Only councillors Peter Cox, Elise Chapman and Helen Leach support him through the process.
July 15, 2015
Councillors vote to oppose the application to temporarily use the old tip site, 6-3. Some councillors argue the City of Greater Bendigo had 14 years to rehabilitate the site, and determine the risks.
Others believed Hopley had already been given enough time to leave the land, which they say posed an environmental danger.
July 16, 2015
Ken Hopley disputes claims put forward during the council meeting, saying the council had no evidence of environmental dangers on the old tip.
September 3, 2015
Mr Hopley says he will fight the two criminal charges against him and his company from the City of Greater Bendigo. The matter will return to court later in the month.
September 29, 2015
The City of Greater Bendigo withdraws charges against Hopley. The council states it is satisfied with Hopley’s commitment to vacate the old tip.
February 2, 2016
VCAT rejects Hopley’s latest move to extend the deadline, this time until July 2017.
The date is extended until June 2016, with the support of the City of Greater Bendigo.
April 20, 2016
VCAT orders Hopley pay the council’s court costs, about $38,000.
February 3, 2017
The City of Greater Bendigo says it is “satisfied” with Hopley’s progress in removing the material from the old tip. Hopley says it’s “all sorted”.
May 3, 2017
EPA Victoria lays 66 charges on Hopley for alleged offences against the Environment Act between 2013 and 2015.