Billionaire developer charged over asbestos-in-mulch crisis

The director of Freescale is Arnold Vitocco’s son Domenic and the director of Runkorp is businessman Adrian Runko. They are not facing charges.

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VE Resource Recovery has been charged with failing to carry out its activities competently and Arnold Vitocco, as director, is charged with an executive liability offence.

Vitocco, a prominent businessman who is credited with building Narellan Town Centre along with fellow rich lister Tony Perich, is a major landholder in the Bringelly district and plans to build a 7000-home housing development in the area. His Vitocco Enterprises purchased the Australian arm of the Max Brenner chain in 2019.

A spokesperson for Greenlife said it would fight the charges.

“Greenlife Resource Recovery Facility (GRRF) maintains its innocence and will strongly defend these allegations,” the spokesperson said in a statement.

“The media has been informed of the details before the company has been served with the file documents. GRRF maintains that no asbestos contamination has been discovered by the EPA now, or during any previous testing at its Bringelly site.

“GRRF takes its environmental obligations very seriously, does not accept demolition waste and has strict protocols to ensure its products are not contaminated before they leave the site,” the spokesperson said.

“The supply chain is complex and there are several ways asbestos can contaminate materials. One scenario involves delivering clean materials to a remediated site, where they are mixed with the existing materials onsite.”

A source involved in the case, who asked not to be named because their team has been told not to speak to the media, previously told the Herald many lines of inquiry had been followed including tracing truck movements and using weighbridge data to track hundreds of truckloads of mulch and other material being moved across Sydney.

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Environment minister Penny Sharpe thanked the investigators involved in the case and said staff from other government departments had been brought in to assist.

“While we are unable to comment on the specifics of this case, it is illegal for mulch to include asbestos,” she said in a statement.

“The Minns Labor Government has taken strong action to keep the community safe by doubling the penalties for environmental crimes, including those that involve asbestos.”

The asbestos discoveries were considered to pose a minimal health risk because most of the asbestos was bonded, not friable, and therefore not easily inhaled.

But the potential risk shut down dozens of parks, schools and other facilities including children’s playgrounds and caused the cancellation of some events including this Mardi Gras Fair Day, which was to be held in Victoria Park in Camperdown.

A directions hearing is scheduled at the NSW Land and Environment Court on February 7.