A trucking company boss who orchestrated the illegal dumping of 17 million kilograms of asbestos and other hazardous waste will not return to custody.
Fayed Afram, 51, was placed on a two-year intensive corrections order after pleading guilty to fraudulently obtaining $4.23 million to take the waste material to an appropriate landfill.
More than 17,000 tonnes of contaminated material were dug up in 2016 and 2017 during the development of Green Square Town Centre in Sydney's south.
Afram's SSADCO Contractors accepted $4.23m to dispose of the waste, carting it away in more than 600 loads.
In return, it provided its contractor Ertech Holdings with tipping dockets from two tips authorised to accept the restricted waste.
But each notice was fraudulent.
Eventually, 10 tonnes of contaminated material turned up on a 59-acre property in Kulnura, a 102km drive from Green Square.
The Kulnura landowner had contracted Afram's firm to build a private road.
Judge Michael King rejected the contention of Afram's lawyer that the crime was effectively "victim-less", pointing to the offender's "significant disregard" for the rural property owner, the environment and his contract obligations.
"The dumping of contaminated waste on a private rural property must inevitably mean the value of the property has been significantly diminished or alternatively the owner of the property is likely to be put to great expense to remove the contaminated material," the District Court judge said on Thursday.
Afram's contract included $2.4 million in waste levies that would have gone to the state's environment protection authority, the judge said.
"In my view, the offending is a serious example of such an offence," he said.
The offender provided the court a letter of apology and several references.
A sentencing assessment report noted he regretted the impact his actions had on his family, especially a quadriplegic daughter who has cerebral palsy and requires her father's care.
The Christian man's childhood and early adult years in war-torn Lebanon were also taken into account.
"It is tragic that a man who has suffered as much as the offender in his life, particularly before his departure from Lebanon, and who has otherwise lived an almost unblemished life, elected for financial reasons to commit a significant offence," Judge King said.
While acknowledging deterring others from similar offending was important, the community was better served by Afram staying out of jail and attending to his family's needs, the judge said.
That led to tears from Afram, who served 14 days on remand after his arrest in 2018.
The offender will face re-sentencing if he commits any further offence in the next two years or disobeys orders to engage in mental health treatment.
Asked by AAP where the other 16,990 tonnes of contaminated material was, Afram said he didn't know and had been overseas at the time.
Australian Associated Press
