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Following its investigation into asbestos being found in mulch used in parks in Sydney, the NSW Environment Protection Authority (EPA) has advised of its commencement of prosecutions against three companies and one individual.

The state's peak environmental regulator has alleged 102 offences were committed collectively by VE Resource Recovery Pty Ltd and its sole director, Arnold Vitocco, as well as two entities trading as Greenlife Resource Recovery Facility (GRRF).

The charges, which the accused have denied, relate to 26 sites, including the Rozelle parklands in Sydney’s inner west.

The EPA’s investigation began following garden mulch containing asbestos having been found in January in a children’s playground in the park built above Rozelle’s new road junction interchange, forcing its closure.

The asbestos contamination crisis spread across Sydney, forcing the cancellation of a major Mardi Gras party and the closure of popular parks and schools, as authorities sought to contain the potential public health emergency.

The EPA subsequently conducted the largest investigation in its history, with more than 300 sites inspected and 79 identified as having contaminated mulch.

The EPA has advised that “all 79 sites have now been cleaned up by the owners.”

Commencing with a hearing in February, the 102 charges will be heard in the NSW Land and Environment Court and cover five categories including alleged reuse of asbestos waste offences and mulch orders offences against the two Greenlife companies.

The charges also include an environment protection licence breach offence against VE Resource Recovery, an executive liability offence against Vitocco, and carrying out scheduled activities without a licence offences against Freescale Trading and Runkorp.

Greenlife has proclaimed its innocence, advising, in a statement that it would “strongly defend” the allegations. It said that no asbestos contamination had been discovered by the EPA “now, or during any previous testing at its Bringelly site”.

It added “the media has been informed of the details before the company has been served with the file documents.

“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.”

It said the supply chain was “complex” and there are several ways asbestos can contaminate material, such as “delivering clean materials to a remediated site, where they are mixed with the existing materials onsite.”

A Greenlife spokesperson added that Arnold Vitocco would “vigorously defend the one charge levelled against him” and VE Resource Recovery would also dispute its alleged breach.

In March, NSW Environment Minister Penny Sharpe said of the contaminated mulch “the events of the past two months have shown the urgent need to reform environmental protection laws and increase penalties.”

That month, Minister Sharpe announced that the NSW Government would increase the maximum fine for asbestos-related offences to $4 million for companies and $1 million for individuals.

Image: Rozelle Parklands.

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