EPA gives $16,000 fine after amputated legs dumped at rubbish tip

We’re sorry, this feature is currently unavailable. We’re working to restore it. Please try again later.

Advertisement

This was published 7 years ago

EPA gives $16,000 fine after amputated legs dumped at rubbish tip

By Dan Proudman
Updated

The NSW Environment Protection Authority (EPA) has issued $16,000 in fines after two amputated legs were found dumped at a rubbish tip near Newcastle eight months ago.

A bulldozer driver at the Summerhill tip discovered the legs, which had been cut from below the knee, and other items of clinical waste on February 16.

Authorities determined they had been surgically removed at nearby John Hunter Hospital.

Following an investigation, the EPA identified a "serious communication breakdown" had occurred between Hunter New England Health and a waste disposal company to allow the legs to be dumped at the tip.

Grisly find: The tip where the two legs were discovered.

Grisly find: The tip where the two legs were discovered.Credit: Dean Osland

However, the authority has opted against prosecuting the local health district and Specialised Waste Treatment Services Pty Ltd, after it determined that the error was not intentional. Both parties were cooperative and had already introduced new measures so the incident would not be repeated.

The incident could have attracted a $1 million fine. Instead, both parties were fined $8000 after the EPA investigation into how strict protocols had been breached to allow the legs to be disposed of at the Wallsend facility.

It concluded that the legs had been incorrectly placed in the wrong disposal bin at NSW Health Pathology before the bin was taken away, its contents treated before being dumped.

EPA Manager of Waste Compliance Cate Woods said both parties were fined because they had "made errors independent of each other".

Advertisement

An investigation discovered that the legs had come from two patients who were still alive when the limbs had been amputated, but had died before the dumping debacle was discovered.

The identity of the patients has not been released and NSW Pathology decided against telling relatives.

"The EPA has concluded that the clinical waste originated from anatomical bins at the mortuary and pathology departments of John Hunter Hospital," the authority said in a statement released on Tuesday.

"This type of waste should have been incinerated and was instead incorrectly classified as appropriate for landfill.

"The investigation identified a lack of clear procedures between John Hunter Hospital and Specialised Waste Treatment Services."

Ms Woods said that while there had been no deliberate unlawful action from either party, a serious communication breakdown between the hospital and waste services provider led to the alarming and sensitive discovery.

"Both Hunter New England Health and Specialised Waste Treatment Services have been fined for their actions in the failure to transport waste to a lawful facility. Additionally, both are required to audit and report back to the EPA on their waste management systems and procedures," Ms Woods said.

"This incident was a combination of inadequate separation, classification and disposal of waste which should have been incinerated. It's important for organisations to strictly adhere to the requirements around clinical waste, not only to reduce risks to the environment and the community, but also to avoid potentially distressing situations, like this one."

Newcastle City Council operate the Summerhill Waste Management Centre and have not been the subject of any regulatory action as a result of the investigation.

Acting Hunter New England Health chief executive Karen Kelly said the authority would ensure such a situation never happened again.

"Many recommendations arising from the EPA's investigation have already been actioned and we will report back to the agency in due course," Ms Kelly said in a statement.

Loading

Phone calls to Specialised Waste Treatment Services Pty Ltd were not returned.

Newcastle Herald

Most Viewed in National

Loading