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Ex-Truegain site owner fined $400,000 over failure to clean-up contamination

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The owner and director of a former waste oil refinery at Rutherford, Truegain, has been hit with a massive $400,000 fine.

It comes after the NSW Environment Protection Authority (EPA) successfully prosecuted Robert Pullinger in the Land and Environment Court for failing to clean up contaminated wastewater and remove hazardous substances from the locale, which posed serious risks to the environment.

It’s understood he ignored a notice from the EPA, and a similar prohibition order issued by the then Minister for Energy and Environment.

The latter was the first of its kind delivered by a Minister, and the successful prosecution marked the maiden conviction for failing to comply with this notice.

On 12 June, the court imposed fines totalling $200,000 on Mr Pullinger, while also ordering him to pay the EPA $201,487 for its investigation and legal costs.

EPA executive director operations Jason Gordon said the judgment and the organisation’s actions represented a substantial and positive outcome for the local environment.

“We have taken significant regulatory action relating to this site, with 18 penalty notices issued and multiple successful prosecutions,” he explained.

“This is a clear message that directors and landholders cannot walk away from their environmental responsibilities.

“The site posed a risk to Stony Creek and the surrounding environment for years, with contaminated liquids left unsecured and unaddressed despite multiple EPA directions to clean it up.

“The EPA has escalated its response to protect the surrounding waterways and hold Mr Pullinger accountable.

“We will not hesitate to pursue those who try to shirk their legal obligations to protect our environment.”

Truegain ceased operations in 2016 after PFAS contamination was detected in wastewater discharged into sewers.

Over the following two years, several pollution incidents occurred when contaminated water escaped from the site’s spill containment system and flowed into Stony Creek, a tributary of the Hunter River.

In 2021, the EPA undertook urgent clean-up work to prevent additional environmental harm after rainfall events.

The following year, the NSW Government compulsorily acquired the site and Property and Development NSW is now overseeing a full remediation program.

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