Huge fine for The Oaks dumper

Illegally dumped waste and asbestos at Orangeville.

Illegally dumped waste and asbestos at Orangeville.

More than five years after waste and asbestos was illegally dumped at The Oaks, businessman Phillip Foxman has been ordered to pay $390,000.

The Environmental Protection Agency welcomed the fine which was this year’s largest waste fine following a Land and Environment case.

Mr Foxman’s two companies Botany Building Recyclers Pty Ltd and Foxman Environmental Development Services Pty Ltd have been convicted of six waste offences involving the illegal transport, deposit and storage of at least 15,900 tonnes of waste material.

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

The offences occurred between September 2009 and April 2010 when Mr Foxman unlawfully transported at least 15,900 tonnes of processed waste containing asbestos from his Botany Building Recyclers operation in Banksmeadow to a property at The Oaks.

The property, owned by Foxman Environmental Development Services, was not licensed as a waste facility.

Mr Foxman had not obtained the appropriate approvals to deposit the waste at the site and did not comply with waste exemptions.

NSW EPA executive officer Barry Buffier said the 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,” he said.

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

“This result should be a warning that flouting the law by engaging in unapproved and unlawful waste activities will result in strong enforcement action.

“Waste licensing and regulations exist in NSW because it’s an important step in protecting the environment and the community.

“When waste is disposed of at a lawful licensed facility, environmental controls such as water, dust and asbestos monitoring are in place.

“Unlicensed disposal not only undercuts the legitimate waste industry but it also means that appropriate environmental controls may not be present.”

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