A former Bendigo couple have escaped conviction but been fined and ordered to pay clean-up costs after illegally dumping industrial waste while operating a skip bin company, resulting in $75,000 in clean-up costs alone.
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Rohan Hickinbotham and Deborah Hickinbotham must pay a fine of $2500 and clean-up costs of $6728 each after pleading guilty to offences in the Bendigo Magistrates' Court on Monday.
Rohan Hickinbotham pleaded guilty to two charges of dumping or permitting the dumping of industrial waste at an unlicensed site, while Deborah Hickinbotham pleaded guilty to two charges of permitting the dumping of industrial waste.
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The pair operated businesses for several years under multiple names, including Pig Bins, Central Vic Bin Hire, and Bendigo Rubbish Hire.
The court heard Deborah Hickinbotham entered into a lease agreement for a site on Victa Road in East Bendigo in 2018, and Rohan Hickinbotham was the sole guarantor.
In September 2018, the court heard, EPA officers attended the Victa Road address after a pollution report about industrial waste being burnt.
On that occasion, Rohan Hickinbotham told the officers that the premises were used for sorting skip bin waste, he had burnt skip bin waste, and he knew the correct procedure and his obligations regarding the disposal of waste, but he did not see the point in getting an additional permit.
Skip bin operators must dispose of waste through a permitted or licensed facility.
Then last June, the landlord's solicitors wrote to the Hickinbothams about concerns relating to damage and a significant volume of waste at the premises, and advised them they had 14 days to comply with the lease conditions.
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The following month, an Environment Protection Authority officer and City of Greater Bendigo officers attended the address in response to reports of industrial waste being stored there.
Rohan Hickinbotham told the officers he had not obtained a planning permit to operate the skip bin business from the site.
The officers found large amounts of industrial waste, including cardboard, scrap metal, car parts, plastic, gas bottles, mattresses and timber.
The EPA officer told Rohan Hickinbotham that the EPA could issue a clean-up notice if he did not obtain the necessary planning permit.
Six days later, the Hickinbothams told their landlord's agent they wanted to vacate the property and said "it should be in an acceptable state within 4 weeks".
But in August, the landlord's solicitors advised the Hickinbothams their lease would be cancelled due to unpaid rent and failure to clean up and rectify damage.
Rohan Hickinbotham asked for an extension of time and said there was a lot of waste still at the property they did not want to burden the landlord with.
The Hickinbothams were evicted and were advised they were prohibited from entering the property.
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The court heard the Hickinbothams were given multiple opportunities to remove waste between June and September last year, but the clean-up did not happen and more waste was deposited at the address.
Four days after the Hickinbothams were advised of their eviction, EPA officers went to the property following more reports that large amounts of industrial waste had been dumped.
The court heard the officers discovered a large volume of waste, including carpet, concrete, gyprock, timber, green waste, sand bags, furniture and other items, as well as oil staining on the ground and around stormwater drains.
They attended again a few days later and found more stockpiles of waste in a shed.
The court heard the EPA obtained documentation that showed the total cost of the landlord's insurance claim arising from the waste and damage at the property came to more than $112,300, about $75,000 of which specifically related to the waste clean-up.
Lawyer Hilary Russell, who acted for the couple, said her clients had pleaded guilty at the earliest opportunity, the first listing in court.
Ms Russell told the court the couple established the business with money Rohan Hickinbotham received in compensation for a workplace injury, but they had no experience, education or training in running a company.
While operating the business, she said, they had two young children and had fallen into some financial difficulty.
"They were effectively living in a shed with two young children," Ms Russell said.
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She said the business got "out of control".
Ms Russell said the pair were subjected to public criticism at the time of the complaints, and Deborah Hickinbotham entered into bankruptcy.
The couple had since moved interstate, she said, and Deborah Hickinbotham was raising their children in an area where she was "considerably isolated".
Ms Russell submitted the pair had suffered extra-curial punishment and had no prior record.
EPA prosecutor Ekin Orucoglu said the sentence should take into account deterrence for both the Hickinbothams and others.
He said it should demonstrate that "this type of conduct is unacceptable" and will not be tolerated.
In sentencing, magistrate Rodney Higgins stressed that it was a serious matter.
"In both matters I've taken into account the party's good record," Mr Higgins said.
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