Tackling patterns of non-compliance

NSW Environment Protection Authority (EPA) has instructed Truegain waste oil refineries to conduct a Mandatory Environmental Audit, following an extended period of poor regulatory performance.

The company has received 18 penalty notices since 2000 and has been prosecuted twice; once for water pollution in 2003, and once for failing to undertake its activities in a competent manner in 2014.

"Truegain has repeatedly failed to comply with a range of conditions under its Environment Protection Licence,” said EPA Director Gary Davy.

Truegain, based in Rutherford NSW, also recently reported levels of air contaminants that exceed their allowance, including carbon monoxide, nitrogen oxides and hydrogen chloride.

The company was recently physically disconnected from Hunter Water Corporation's sewer system, after contaminants were found in in the refinery's waste water. This detection, however, is not related to the audit order and is currently being investigated by the EPA.

What is a Mandatory Environmental Audit?

NSW EPA uses Mandatory Environmental Audits as a regulatory tool in instances where there has been a pattern of non-compliance, or where there has been a serious environmental breach of a company's licence conditions.

This regulatory tool requires companies to audit their practices and procedures, and report back to the EPA. The auditor must be engaged by the licensee, with EPA approval, and all audit costs must be met by the company.

In this case, once an auditor has been engaged, Truegain will have six months to determine:

  • The adequacy of controls and procedures to test waste products prior to processing and to identify contaminant concentration levels that could lead to pollution
  • The operation and maintenance of pollution control equipment
  • The adequacy of bundling and spill management for the storage of waste chemicals and materials
  • The potential for offsite impacts on groundwater from historical storage and spillages at the premises.

Find out more about NSW EPA's regulatory tools in their Compliance Policy.

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