EPA commences prosecutions against three companies in response to asbestos in mulch investigation

The prosecutions follow the largest investigation in the EPA’s history which was launched after bonded asbestos was discovered in mulch at Rozelle Parklands. During the investigation over 300 sites were inspected, with 79 sites identified as having used contaminated mulch. All 79 sites have now been cleaned up by owners.

A total of 102 alleged offences have been charged against VE Resource Recovery Pty Ltd (1 charge), the sole director of VE Resource Recovery Pty Ltd, Arnold Vitocco (1 charge) and two entities trading as Greenlife Resource Recovery Facility, namely Freescale Trading Pty Ltd (50 charges) and Runkorp Pty Ltd (50 charges).

The offences relate to 26 sites, including Rozelle Parklands.

The charges, which will be heard in the Land and Environment Court, cover five categories:

1. Environment Protection Licence breach offence against VE Resource Recovery Pty Ltd in relation to allegedly failing to carry out resource recovery activities competently.
2. Executive liability offence against Arnold Vitocco as director of VE Resource Recovery Pty Ltd in relation to the company’s alleged licence breach offence.
3. Carrying out scheduled activities without a licence offences against both Freescale Trading Pty Ltd and Runkorp Pty Ltd for allegedly carrying out scheduled activities, including composting, resource recovery and waste storage, without a licence issued by the EPA.
4. “Mulch order” offences against both Greenlife companies, for allegedly breaching a Resource Recover Order, the Mulch Order 2016.
5. Reuse of asbestos waste offences against the two Greenlife companies, for allegedly reusing asbestos waste.

The first directions hearing is scheduled for Friday 7 February 2025.