A billionaire developer and owner of chocolate chain Max Brenner has been charged over the asbestos-in-mulch crisis that saw Sydney parks, schools, and hospitals closed.
Multiple sites across Sydney were urgently shuttered earlier this year after mulch there was found to contain the potentially deadly, once-common insulation material.
Following what it said was its largest investigation to date, the NSW Environment Protection Authority said on Tuesday it had charged three companies in relation to the mulch.
Asbestos was found in mulch at multiple schools, parks, and hospitals in Sydney. Picture: NCA NewsWire / Christian Gilles
In total, 102 charges have been laid by the EPA against VE Resource Recovery Pty Ltd, and a single charge against its sole director, Max Brenner operator Arnold Vitocco.
A further two entities trading as Greenlife Resources Recovery Facility – namely Freescale Trading Pty Ltd and Runkcorp Pty Ltd – were also slapped with 50 charges each.
The NSW EPA said the offences related to 26 of the 79 sites identified as having been contaminated with asbestos, including the first identified site, Rozelle Parklands.
The environmental agency inspected some 300 sites in total and said the charges covered five categories, including an alleged Environment Protection Licence breach.
Sydney developer Arnold Vitocco was charged over the incident. Picture: Supplied
It is alleged VE Resource Recovery failed to carry out resource recovery activities competently, with Mr Vitocco charged with an executive liability offence in relation to the company’s alleged licence breach.
The NSW EPA further allege Freescale and Runkorp carried out “scheduled activities including composting, resource recovery and waste storage, without a licence”.
Both of the companies are also alleged by the NSW EPA to have breached a Resource Recovery Order, and were also charged with allegedly reusing asbestos waste.
The case against all three companies and Mr Vitocco is expected to appear before court on February 7, 2025 for a first directions hearing.
Then-newly opened Rozeele Parkland was the first site closed. Picture: NCA NewsWire / Damian Shaw
Mr Vitocco operates Vitocco Enterprises, which is not accused of any involvement or wrong doing in relation to the incident, with his wife Irene Vitold.
According to their website, the company is involved in “development and construction, property assets and management, retail, agriculture and food/beverage industries”.
Included in the company’s portfolio is the chocolate cafe chain Max Brenner, which Vitocco Enterprises owns throughout Australia and has rights to expand into Asia.