BALLINA Shire Council has decided to pursue legal action over the illegal dumping of waste from the old Big Prawn site.
Investigations by staff from the council and the Environment Protection Authority last year found that Jade Wesley Rose, the managing director of Ballina Pumping Service and Northern Rivers Vacuum Excavation had illegally stored waste material at his Pimlico property.
This was 15,600 litres of grease trap waste, 10,500 litres of waste oil and 3000 litres of drilling or excavation mud.
While none was spilled, the EPA found there was the potential for serious environmental harm.
Mr Rose was fined by $2250 by the EPA.
TCDE Pty Ltd, trading as Tweed Coast Demolition and Excavations, was also fined $1500 for unlawfully transporting waste to a place that could not be used as a waste facility.
The company had been sub-contracted by De Luca Corporation which Bunnings has contracted to build its new store.
The council said there was not enough evidence to pursue legal action against Bunnings or De Luca.
But legal advice will now be sought on further action against Mr Rose and his wife Fiona Rose and their companies, as well as TCDE Pty Ltd.
Speaking to councillors before the decision yesterday, Mr Rose said they had made a genuine mistake.
"We admit we did not have consent ... we honestly didn't realise we needed council approval," he said.
"The site was promptly cleaned. We are sincerely remorseful for our actions. We never intentionally set out to do anything wrong."
Legal action may also be taken against Karen Rose Wiggins and Joshua Wiggins for unlawfully storing waste from the old Big Prawn site at an Alstonville property.
At this stage the council will issue penalty infringement notices to both Mrs Wiggins and Mr Wiggins.
Update your news preferences and get the latest news delivered to your inbox.