Media statement: Building contractor sentenced to jail for environmental harm
05 Mar 2008
A Brisbane building contractor was today convicted and sentenced to three months’ jail, suspended for two years, for releasing contaminated water from the Binary factory site in the Narangba Industrial Estate in August 2006.
Desmond Rubach, 74, of Morayfield, pleaded guilty in the Caboolture Magistrates Court to one charge of wilfully and unlawfully causing material environmental harm.
Mr Rubach was sentenced to three months’ jail wholly suspended for two years by Magistrate Trevor Allingham. A conviction was recorded and Mr Rubach was also ordered to pay $4850.70 in investigation and legal costs.
The department charged Mr Rubach with the offence after he cut through a retaining wall on the Binary factory site on 31 August 2006, releasing contaminated stormwater on to the State Government’s Binary cleanup site.
The department told the court that Mr Rubach carried out this action contrary to instructions from the site owners to pump the contaminated stormwater in to an on-site dam, and despite knowing that the stormwater would be contaminated with herbicides and pesticides.
The department Director Environmental Services Lindsay Delzoppo said today’s court outcome was a positive one for the Agency and the community.
“Since the fire in August 2005, the department has invested considerable time and resources into both cleaning up the resulting contamination of the land and creek adjacent to the Binary factory site, and in ensuring the factory site itself is properly cleaned up by the owners,” Mr Delzoppo said.
“Mr Rubach’s actions blatantly undermined these efforts, and had the potential to cause significant further environmental harm to adjacent land and waterways.
“The stormwater overflow interfered with the department’s remediation works and increased the amount of contaminated water the Agency had to treat and dispose of.
“Prior to this event, the department had issued an Environmental Protection Order to the site owners directing them to prevent contaminated stormwater leaving the site.
“This conviction and suspended jail sentence sends a clear message that people who defy statutory directions from the department and place the environment at risk of harm will be investigated and prosecuted.”
The department has secured orders in the Planning and Environment Court to ensure contaminated materials on the site are removed, and continues to monitor cleanup works on the Binary factory site.
Released by: Environmental Protection Agency
Last updated: 05 March 2008