The NSW Environment Protection Authority (EPA), police and local councils have joined forces to target rogue transporters and those landowners who accept large fills without the permission of local councils.

The authorities will perform roadside checks to ensure fill going to a site has a council’s prior approval. 

The EPA said it has noticed that some operators are supplying waste from construction sites after marketing it as a clean fill to unsuspecting property owners.  

EPA senior officer, Janine Goodwin, said targeting these operators will help stop contaminated and other non-compliant material from being dumped illegally or passed off as clean fill to innocent landowners.

“Accepting large amounts of fill can create potential dust issues and pollute waterways,” Ms Goodwin said. 

“In the worst cases, some operators are providing unsuspecting residents with soil – cheaply or for free – only for the resident to find it’s contaminated with building and demolition waste, heavy metals or even asbestos.”

A council can impose fines up to $8000 and recover clean-up costs from those responsible for dumping illegal and hazardous waste.

Last week, the NSW Government also passed laws to increase the asbestos dumping fines.

The maximum penalty for asbestos waste offences was increased from $44,000 to $2 million for corporations and from $22,000 to $500,000 for individuals who illegally dispose, recycle or re-use asbestos waste.

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Bathurst mayor Graeme Hanger said the council may undertake enforcement or refer the matter to the NSW EPA, if warranted. 

“For the most part, council works with all involved to ensure that the material is appropriate for that land use and require clean-up or remediation if not,” Mr Hanger said.

Cr Hanger said the council has a good working relationship with the NSW EPA, and many builders and developers in the local government area. 

“It is this relationship that allows council to work proactively and ensure that those involved in the transport or disposal of fill are aware of their legal obligations and their personal liability for disposing or receiving material that may be classed as waste,” he said.

“Most incidents relating to the transport of fill are due to a lack of knowledge around what is permitted, not necessary 'rogue suppliers' or a systemic issue.”

Cr Hanger said there is no definition of ‘clean fill’ in the Protection of the Environment Operations Act 1997.

Mr Hanger said the council encourages landholders to seek its permission prior to importing fill onto their land.

”Council encourages landholders receiving material to know where the material has come from, keep a record of all loads delivered and who delivered it, including the name, phone number, address and vehicle registration details. 

“If the material turns out to be waste or contaminated, the landholder may be left with a hefty clean-up or remediation cost and risk having their property listed as contaminated which may limit its future use or development.” 

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A spokesperson at Dubbo Regional Council said there had been only a small number of incidents where fill was suspected of being contaminated and these cases required the appropriate remediation.

“Council works with the EPA on these matters, where necessary, to ensure the offenders are appropriately penalised and educated,” the spokesperson said.

“Landowners considering accepting waste should first enquire whether council’s approval is required.  

“It is recommended that landowners ask for documentation that details where the waste comes from and its quality.”

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A spokesperson at Orange City Council said the council has not come across any incident related to rogue suppliers or landholders accepting fills without its permission. 

“We would consider any request,” the spokesperson said on a joint crackdown with the EPA.

Residents are encouraged to report suspected illegal activities to the NSW EPA on 131 555.