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Businessman Phillip Foxman and his two companies, Botany Building Recyclers and Foxman Environmental Development Services, were convicted and fined a total of $390,000 for six waste offences involving the unlawful transport, deposit and storage of the waste.

The offences occurred between September 2009 and April 2010 when the processed waste was transported unlawfully from the Botany Building Recyclers operation in Banksmeadow to The Oaks.

The property, owned by Foxman Environmental Development Services, was not licensed as a waste facility and Mr Foxman had not obtained the appropriate approvals to deposit the waste at the site and did not comply with waste exemptions, the court found.

Mr Foxman was fined $250,000, Botany Building Recyclers was fined $40,000 and Foxman Environmental Development Services was fined $100,000.

They were also ordered to pay the Environment ­Protection Authority’s investigation costs of $4646, publish a notification of the offences in the media and remove the waste from the property within 90 days to a licensed landfill.

NSW EPA chairman and chief executive Barry Buffier said the court’s ­result reinforced the importance of lawful disposal of waste material.

“In unlawfully transporting and dumping this waste, Mr Foxman has acted irresponsibly and put the health of the environment and community at potential risk,’’ Mr Buffier said.

“I welcome the strong penalty imposed by the Land and Environment Court.’’

He said the result showed engaging in unapproved and unlawful waste activities would result in strong enforcement action.

To report illegal dumping, phone 131 555.

Mr Robson said paying by instalments would put victims and their families under additional financial hardship.
“Asbestos victims don’t die in instalments, they don’t lose the ability work or care for themselves in instalments, yet James Hardie wants to see them compensated in that way,” he said.
In a statement, James Hardie said it was open to discussions on the proposed scheme but remained committed to meeting its compensation obligations.
The building products giant has paid more than $721 million into the fund since 2007.
It has committed to pay out up to 35 per cent of its net operating cashflow to the fund until at least 2045.
It paid almost $120 million to the fund on July 1.

Despite the country’s dependence on landfill, federal and state waste strategies have increasingly moved towards greater resource recovery and waste avoidance,while governments are noticeably more open to alternative waste treatment facilities. Do these factors, plus fast depleting airspace (particularly across urban landfills) mark the sector’s imminent demise?

Australian Landfill Owners Association spokesperson Max Spedding, who began his career in the sector more than two decades ago, does not think so.

He shares his views on how far the sector has come and what it should expect moving forward.

“We constantly hear predictions that landfills will be phased out over the next 25 years. Having commenced in the industry 25 years ago, predictions of this nature seem little more than pipe dreams,” Spedding said. “Yes, there will be more processing in the future, especially of pre-sorted waste streams but waste volume growth and the nature of mixed waste will see a need for landfills in the full suite of facilities serving future markets.

“For example, waste to energy creates ash that requires landfill; biological treatment has a residual that requires landfill; waste sorting – even after the recovery of refuse derived fuel – has a fraction that will end up at landfill; in emergencies landfill are critical to clear up, etcetera. So landfills will be with us well into the future.”

In fact, Spedding expects landfill volumes to remain steady. But he said what might change would be the waste mix, with less construction and demolition waste and less organic content in the domestic stream.

He also foresees a continued improvement, in general terms, of the overall standard of operation, as older sites that date back to the 1980s shut down and rural dumps are replaced with transfer facilities trucking waste to regional landfills.

New landfills have already started to embrace new technology extensively over the last decade.

“We now have composite liners, leachate collection, recycling and treatment, alternate daily cover, landfill gas collection and energy use, improved odour management, phytocapping, onsite recycling and composting and increased attention to landscaping and site appearance,” Spedding said.

One interesting new idea that emerged in the latter half of the last decade is the high efficiency sediment (HES ) flowthrough basin, an alternative to the traditional batch treatment sediment basin, which landfill operators are legally required to install to capture and treat water during rainfall events.

Traditional basins may have worked for years. However, the downside is that operators are required to treat and dewater run-off manually – a timeconsuming and costly operation. The basins also take up a lot of space, which many landfill sites simply do not have. When operated correctly, water captured in a traditional batch type sediment basin should be treated and dewatered within five days of a rainfall event.

Two companies, Turbid and O2, have come up with a simpler and more costeffective system, which they say has a treatment efficiency of about 90% and takes up between a quarter to half the size of a traditional basin.

Each HES basin has an intelligent flocculating operational device.

Thursday, April 03, 2014

Asbestos overhaul to make worksites safer

Queensland homes and worksites will be safer under a new asbestos management strategy that will be the most comprehensive and rigorous of its kind in Australia.

Attorney-General and Minister for Justice Jarrod Bleijie said the Statewide Strategic Plan for the Safe Management of Asbestos in Queensland focused on effective cooperation with local councils, education and enforcement.

“This comprehensive strategy will mean safer workplaces, safer homes and safer communities,” Mr Bleijie said.

“The health risks of asbestos are tragically real and managing it effectively and safely is vital.

“Just one example of the importance of safer asbestos management is the story of Adam Sager, who was unknowingly exposed to asbestos when he was 18 months old and died of mesothelioma at age 25.

“Sadly, despite the dangers, effective management of this substance has been hampered in the past by confusion and jurisdictional quibbling, which the former Labor Government never bothered to fix.

“Right now, the handling of asbestos complaints and issues is administered by four different State Government departments, 73 local councils and numerous other government agencies.

“Our new strategy will cut through the confusion and bureaucracy by creating a clear set of responsibilities.

“Workplace incidents will be handled by the State Government and local councils will cover complaints about private residences.

“A simple agreement over who does what clears the way for faster, more effective responses and that’s just one piece of our overhaul.

“Ensuring and enforcing compliance forms an important part of the strategy, which includes a range of initiatives that ensures people follow safety regulations and cracks down on those who don’t.”

They include:

• A review of the suitability of existing penalties and enforcement tools available to Workplace Health and Safety (WHS) inspectors
• Strengthening the administration of asbestos licensing, including a process for suspending or cancelling an asbestos licence where a licence holder contravenes the legislation.
• Creating a public online register of WHS asbestos license holders so Queenslanders can check the licensing and compliance records of contractors.

“Better education will also be a major part of this new strategy. A range of educational materials will be rolled out, including a series of short films which will explain to DIY home owners and businesses their legal obligations for managing and removing asbestos containing materials,” he said.

“There will be no excuse in the future for people disposing of asbestos illegally or not having the correct licenses or safety equipment. Those who don’t comply will face consequences.”

“Workplace Health and Safety will also continue to carry out targeted compliance and enforcement programs.

“We are committed to making Queensland workplaces the safest in Australia and this new strategy will go a long way to achieving that.”

For more information on the strategy and a high definition video of “Losing Breath – The Adam Sager Story”, visit www.qld.gov.au/asbestos ( http://www.qld.gov.au/asbestos ).

[ENDS] 3 April 2014

Media Contact: Ashley McDermid 0412 731 355 or Jaime Wells 0409 624 139

Asbestos was frequently used between the 1950′s and 1970’s in a variety of manufacturing and construction industries. It was widely used due to its strength and versatility, however the health effects of Asbestos on those regularly exposed to the mineral were unknown during this time.

Asbestos is made up of millions of tiny fibres, which can easily be inhaled; the effects of exposure can take up to 35 years to develop which is why it took until 1999 for the mineral to be banned in the construction industry. This is also why it is only now that personal injury claims, as a result of exposure, are starting to become more frequent.

If you have developed an Asbestos-related health condition, and can prove that your exposure to the Asbestos was due to somebody else’s fault; you could be entitled to compensation.

It is important to note that Asbestos-related conditions are often caused by long-term exposure, and it is highly unlikely that health problems could develop from a one-off incident. Catching an Absbestos-related disease early may mean that the condition can be monitored or treated much easier.

Anna Watson is an experienced personal injury lawyer; specialising in Asbestos claims. Anna has acted on behalf of a range of clients, from across the country, providing comprehensive, professional representation for all Asbestos-related claims.

We offer a specialist, personal approach to all of our cases, helping our clients through the difficult period of making a claim. We keep our clients informed, every step of the way, offering expert advice and in-depth updates on how the case is progressing.

We understand that every case is unique and personal to you, which is why we offer to meet in person or talk through your case via email or telephone. Our approach is simple and clear so you can make independent, informed decisions.

If you feel you may have a claim, or to talk to one of our trained representatives, call us today or complete the online form and we will get back to you as soon as well can.

Our expert advice is provided on a no-win, no-fee basis and your initial consultation will be free of charge.

Contact Us

MEDIA RELEASE

Wednesday 29 May 2013

NSW GOVERNMENT TO CRACK DOWN ON ILLEGAL DUMPING

Environment Minister Robyn Parker today announced the NSW Government will introduce legislation to Parliament this week to crack down on illegal waste and dumping operations by introducing jail terms for repeat offenders.
Ms Parker said changes to the Protection of the Environment Operations Amendment (Illegal Waste Disposal) Bill will include additional powers for the Environment Protection Authority and increase sentencing and penalty provisions for the courts system.
“The community rightly expects criminals and serial offenders who illegally dump
waste to be heavily penalised,” Ms Parker said.
“Illegal dumping is an environmental crime that costs the community millions of dollars
each year and causes harm to people and the environment.
“This legislation will help us to stamp out rogue waste operators and put those who
flout the law behind bars.”
Ms Parker said the legislation will include:

The introduction of a maximum two-year jail term for offenders who commit a waste offence within five years of a prior waste conviction – a crime currently punishable with a fine;

Introducing a maximum 18 month jail term for people who knowingly supply false or misleading information about waste (currently a fine);

Authorising the EPA to seize a motor vehicle it believes has been used in repeat waste offences, and for the courts to then order the forfeiture of the vehicle if the operator is convicted;

Enabling the courts to take into account the potential profit from a waste offence for consideration as an additional penalty if convicted; and

Amending the application point of the waste levy to prevent possible stockpiling and illegal dumping of waste on private property, state forests and national parks.

“The current penalties do not outweigh the profits from illegal activity, and as long as that remains, unscrupulous waste operators will continue to exploit the system,” Ms Parker said.
“There are cases of serial waste dumpers escaping with suspended custodial sentences after being found guilty of dumping thousands of tonnes of waste in – despite prior convictions.
“This sends a clear message that the monetary fines issued by the Courts and EPA are no longer just the ‘cost of doing business’ – but that repeat illegal dumpers could now face up to two years in jail.
Ms Parker said the legislation also proposed to apply the waste levy on all operators, instead of just landfills as it currently applies.
“This important bill represents vital reforms to boost the EPA’s regulatory powers and crack down on rogue operators in our waste industry,” Ms Parker said.
“The only people who will be upset about these changes are the people who are rorting the system.”

MEDIA: John McCormack  0467 731 806

Penalties boosted for illegal dumper

The new tough stance has been brought on by the case of Dib Abdallah Hanna, who was given a three-month suspended jail sentence last month for dumping 80 tonnes of waste found to contain asbestos.

“This sends a clear message that the monetary fines issued by the courts and Environmental Protection Authority are no longer just the “cost of doing business” – but that repeat illegal dumpers could now face up to two years in jail,” Environment Minister Robyn Parker said.

The laws will include a maximum two-year jail term for those who commit a waste offence within five years of a prior waste conviction – upgrading the penalty from a fine.

There will also be a maximum 18-month jail term for people who knowingly supply false or misleading information about waste and the EPA will be able to seize vehicles used in repeat waste offences.

The legislation will also enable courts to take into account the potential profit from an offence for consideration as an additional penalty if convicted.

The government argues the Hanna verdict “highlighted a lack of power in the court system to deal with repeat waste offenders”.

Hanna, 37, has been dubbed one of Sydney’s worst rubbish dumpers, having dropped eight truckloads of waste containing asbestos last year at Picnic Point and having been convicted of a similar offence in 2010, when he dumped chrystotile asbestos – the most dangerous type of asbestos responsible for almost 90 per cent of asbestos health problems.

At that time, Hanna was fined more than $100,000 for illegal dumps at Rooty Hill, Hargrave Park, Minchinbury and Bankstown Airport.

“The current penalties do not outweigh the profits from illegal activity, and as long as that remains, unscrupulous waste operators will continue to exploit the system,” Ms Parker said.

Ms Parker said the legislation also proposed to apply the waste levy on all operators, instead of just landfills as it currently applies. “This important bill represents vital reforms to boost the EPA’s regulatory powers and crack down on rogue operators in our waste industry,” she said.

The changes come after what has been described as “the largest covert surveillance operation in the EPA’s history over the past 12 months”.

The operation allegedly uncovered “substantial corruption and illegal activity including falsifying documents, sophisticated levy rackets and large-scale illegal dumping”, a government spokesman said. There were large profits to be made from illegal dumping and the EPA found current penalties were viewed as the cost of “doing business”.

 “Penalties boosted for illegal dumper – The Telegraph.com.au 29th May 2013″

DANGEROUS asbestos will be stripped from government buildings on the Sunshine Coast as part of a $1.5 million program to be rolled out this financial year.

The move comes as the department revealed 130 suspected incidents relating to dangerous asbestos in government buildings had been reported between November 25, 2010, and September 11 this year on the Sunshine Coast.

“These incidents are not classified to identify whether they are major or not and as such it is not possible to identify major incidents,” a Department of Housing and

Public Works spokesman said.

The department said it could not identify the buildings involved in clean-up work to be untaken this year, but said 19 individual removal projects had been scheduled by QBuild’s Sunshine Coast regional office.

“A number of these individual projects may be at the same location and be combined into a single removal project,” the spokesman said.

Housing and Public Works Minister Bruce Flegg said the initiative was part of the Government’s broader long-term asbestos management strategy.

“I am particularly concerned about high-risk products like low-density asbestos fibre board and asbestos-backed vinyl floor sheeting, both of which are highly prone to releasing fibres into the air when disturbed,” the Minister said.

“I have instructed the department to identify projects where these materials, particularly in schools, can be removed as a priority.

“In conjunction with this program, I will be writing to all of my parliamentary colleagues to reiterate the dangers of asbestos and the Government’s long-term plan to remove it from our buildings.”

Dr Flegg said a significant amount of asbestos work already had been done.

“In 2011-12, QBuild successfully managed in excess of 420 asbestos incidents in Government-owned buildings as well as undertaking 2074 asbestos audits and over 630 asbestos removal projects, valued overall in excess of $26 million,” he said.

Dr Flegg said asbestos could be safely disposed of at either a licensed council-managed, or privately-owned facility.