Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

Waste operator fined $4,750 for failing to report and pay the NSW liquid waste levy

Media release: 10 May 2016

Emu Plains based liquid waste operator Steven Utley has been issued with two penalty notices totalling $4,750 for failing to comply with legislative obligations around payment and reporting of the liquid waste levy.

Mr Utley has been fined $4,000 by the NSW EPA for failing to comply with the requirement to pay the liquid waste levy as well as $750 for failing to submit reports relating to the liquid waste levy.

The offences relate to a waste facility owned by Mr Utley and operating under the company name No Fuss Liquid Waste Pty Ltd.                          

Under the Protection of the Operations Environment Act 1997 it is a legislative requirement for Mr Utley to report on all waste received at the site every three months and to pay a waste levy within 28 days of the end of the levy period.

As of 5 April 2016 Mr Utley has $12,442.51 outstanding in levy payments from the March to May 2015 period, and has not submitted any reports for the quarterly periods between June 2015 and February 2016.

EPA Manager Waste Strategy and Innovation Henry Moore said that repeated attempts by the EPA to contact Mr Utley regarding the non-compliances had been unsuccessful and the next step is a penalty notice.

“Reporting and payment of the waste levy is not only a requirement under the POEO legislation, but it is also important for maintaining a level playing field across waste operators,” Mr Moore said.

“Any person that is not paying the compulsory levy is either undercutting competitors by not collecting it from customers and charging less in the first instance, or is making money from customers by collecting the levy fee and not passing it on.

“Either way Mr Utley is operating illegally and in contravention of the Environment Protection Licence which is why the EPA is taking regulatory action.”

The NSW Waste Levy is payable on trackable liquid waste collected in New South Wales.

Penalty notices are just one of a number of tools the EPA can use to achieve environmental compliance, including formal warnings, licence conditions, notices and directions, mandatory audits, enforceable undertakings, legally binding pollution reduction programs and prosecutions.

For more information about the EPA’s regulatory tools, see the EPA Compliance Policy at: http://www.epa.nsw.gov.au/legislation/prosguid.htm

For more information about the NSW Waste Levy visit:  http://www.epa.nsw.gov.au/wasteregulation/waste-levy.htm

Contact: Public Affairs

Page last updated: 10 May 2016