The owner and director of a former waste oil refinery at Rutherford has been convicted of three offences and ordered to pay over $400,000 for failing to comply with a clean-up notice issued by the EPA and a prohibition notice issued by the then Minister for Energy and Environment.
The NSW Environment Protection Authority (EPA) successfully prosecuted Mr Robert Pullinger in the Land and Environment Court for failing to clean up contaminated wastewater and remove hazardous substances from the former Truegain site, which posed serious risks to the environment.
The prohibition notice was the first of its kind issued by a Minister, and the successful prosecution marked the first conviction for failing to comply with this notice.
On 12 June 2025, the Court imposed fines totalling $200,000 on Mr Pullinger and also ordered him to pay the EPA $201,487 for its investigation and legal costs.
EPA Executive Director Operations, Jason Gordon, said the judgment and the EPA's actions represent a substantial and positive outcome for the local environment.
"We have taken significant regulatory action relating to this site, with 18 penalty notices issued and multiple successful prosecutions," Mr Gordon said.
"This is a clear message that directors and landholders cannot walk away from their environmental responsibilities.
"The site posed a risk to Stony Creek and the surrounding environment for years, with contaminated liquids left unsecured and unaddressed despite multiple EPA directions to clean it up.
"The EPA has escalated its response to protect the surrounding waterways and hold Mr Pullinger accountable.
"We will not hesitate to pursue those who try to shirk their legal obligations to protect our environment."
Truegain ceased operations in 2016 after PFAS contamination was detected in wastewater discharged into sewers. Over the following two years, several pollution incidents occurred when contaminated water escaped from the site's spill containment system and flowed into Stony Creek, a tributary of the Hunter River.
In 2021, the EPA undertook urgent clean-up work to prevent additional environmental harm after rainfall events. The following year, the NSW Government compulsorily acquired the site and Property and Development NSW is overseeing a full remediation program.
