Ashley Ziak and Smasha Scrap Pty Ltd, of which Mr Ziak is the sole trader, were each charged with one count of dumping ten 205-litre drums at the Hazelmere site on 8 November 2022. This was contrary to section 49A(3) of the Environmental Protection Act 1986 (EP Act).
The court noted that the drums were dumped in a predominately industrial zone close to residential homes and about 25 m from the Helena River, increasing the risk of waste oil leaking into the waterway.
Mr Ziak was also charged with transporting controlled waste while not being a licensed carrier, contrary to regulation 11(1) of the Environmental Protection Regulations 1987.
Smash Scrap was fined $12,500 for illegal dumping, while Mr Ziak was fined $6,250 for the same offence and $500 for the unlicensed transportation of controlled waste offence.
Mr Ziak was also ordered to pay a clean-up cost incurred by the City of Swan of $2,117.50, and legal costs of $788.30.
The maximum fine for illegal dumping is $125,000 for a corporation and $62,500 for an individual.
Ruth Dowd, Executive Director Assurance at the Department of Water and Environmental Regulation (DWER), said: “Dumping any amount of waste is unacceptable and we will continue to investigate and prosecute offences under the EP Act.
"Anyone who witnesses illegal dumping can call DWER’s Environment Watch Hotline on 1300 784 782, use our online report forms Environment Watch | Western Australian Government or report via Crime Stoppers WA".
