WASTE giant Remondis has been penalised nearly $1 million, a sub-contractor heavily fined and Lake Macquarie City Council has been found wanting after a “substantially” or “severely” overloaded sub-contractor truck routinely left the council’s Awaba waste facility for more than a year.
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Remondis, waste sub-contractor Jet Group and the council had roles in a system where the overloaded Jet Group green waste truck routinely left Awaba Waste Management Facility in 2013 and 2014, and where invoices from the council-operated weighbridge showed the overload.
Remondis, the council and the NSW Environment Protection Authority unveiled a new Awaba organics processing facility in May, only two months after Remondis entered guilty pleas to 50 substantial and severe breaches of heavy vehicle transport laws, and before it was fined $732,000 on July 12 and ordered to pay the Roads and Maritime Services prosecution costs of $250,000.
Local Court magistrate Susan McIntyre found Remondis played the “premiere” role in the overloaded Jet Group truck routinely leaving the Awaba site for Jet’s Toronto premises nearly four kilometres away. Jet was heavily fined in February after pleading guilty to 50 overloading breaches, but is appealing the sentence.
Ms McIntyre found there was an “appreciable risk of public harm” in a truck that was licensed to carry 42.5 tonnes of green waste carrying up to 16 extra tonnes on public roads. The truck was overloaded by at least 10 tonnes on the majority of trips, she said.
She rejected that Remondis was a “hapless victim” of inaction by Jet Group or the council, saying the multinational waste group “should have ensured from the outset that its equipment could measure the consignments being loaded”.
Although the council and Jet each had “chain of responsibility” obligations, and it was “unfortunate” that the council operated the weighbridge that was distant from the Remondis site manager, Remondis had the primary responsibility, Ms McIntyre said.
The whole process of mass overload began with Remondis, and ultimately, it was Remondis’ legislative responsibility to ensure that the mulch that was consigned to Jet was within lawful bounds.
- Local Court magistrate Susan McIntyre
“It is inescapable that Remondis had control over the primary step in the process – the consignment of the loads of mulch. It has possession of or control over the goods before they are loaded and before the goods are transported by road,” she said.
“The whole process of mass overload began with Remondis, and ultimately, it was Remondis’ legislative responsibility to ensure that the mulch that was consigned to Jet was within lawful bounds.
“Jet’s invoices were repeatedly paid without any regard by Remondis as to the tonnage specified. It is only when the Roads and Maritime Services brought the breaches to the attention of Remondis that they addressed the shortfalls in their system.”
There was a “glaring absence” of weight controls that were “simple, straight forward and well known”, she said.
The court heard Remondis paid Jet by the tonne but there was no evidence Remondis benefited financially from the overloading. Remondis’ lack of scrutiny of the council-operated Awaba weighbridge invoices, which carried the weights on every occasion, “allowed Jet to benefit from being paid for weight that was unlawfully carried”, Ms McIntyre found.
In a sentence that was published on Friday Ms McIntyre noted Remondis, director Luke Agati and Jet Group were first charged with 68 overloading breaches in November, 2015. The RMS issued another 244 alleged breaches against Remondis and Mr Agati in 2016.
All charges against Mr Agati were later withdrawn and Remondis entered guilty pleas to 50 breaches in March.
Ms McIntyre noted Mr Agati’s evidence included regret that the breaches had occurred and a statement that “these incidents do not reflect the way Remondis likes to conduct itself or its business”.
She found there was “little or no likelihood” of Remondis re-offending by allowing overloaded trucks to leave the facility.
Remondis could not be contacted for a comment.
A Roads and Maritime Services spokesperson said the department prioritises community and road network safety and takes “appropriate action against any party in the chain of responsibility involved in operating unsafe or non-compliant vehicles”.
“Remondis has been prosecuted in the court for failure to ensure heavy vehicles used and engaged by it are appropriately safe and do not cause undue damage to road infrastructure. Under Heavy Vehicle Legislation, all parties in a logistics chain are responsible for ensuring they meet specific duties and obligations,” the spokesperson said.
It declined to comment on the Jet Group sentencing while the matter is under appeal.
