GrainCorp class action alleges noise, odour pollution by Numurkah's main employer
A resident of Numurkah in northern Victoria has launched a class action against manufacturing giant GrainCorp Oilseeds over allegations of noise and odour from the town's factory, which he claims has affected his health and cost him his job.
Kevin Carling Green, 63, has been in a four-year fight with Numurkah's major employer, which processes canola oil in the middle of the town.
Mr Green's lawyer Dominica Tannock alleged her client and his family could not sleep, had broken out in skin rashes, and their property had been devalued because of factory emissions.
"The defendant, GrainCorp Oilseeds, owes a general environmental duty under the EPA Act to Mr Green and [class action] group members … to minimise the risk of harm to their health and to the environment from pollution," Ms Tannock said.
Mr Green and his family have lived in their home, 100 metres from the factory, for 27 years.
What started as a civil matter between Mr Green and the company has now turned into a class action encompassing other residents within 1 kilometre of the factory who also allege they have been negatively impacted.
Ms Tannock said just three people opted out.
The matter is set to be heard in the Supreme Court later this year.
Documents filed to the court allege that noise and odour from the factory were "intrusive" to neighbouring properties.
It is alleged that rumbles, beeping, hissing steam, and trucks entering and exiting the factory are "especially noticeable during early mornings, evenings and nights", affecting residents' sleep.
An evidence document claims that in March 2018, Mr Green experienced concentration lapses in his work as a heavy machinery operator with a local employer not connected to GrainCorp.
The documents said Mr Green told his doctor he was experiencing day-time fatigue and that "he believed this was due to the noise and odour from the GrainCorp factory, which was waking him up."
It is alleged that Mr Green's doctor declared him incapable of normal employment duties for around four weeks between April and May 2018, and he was later dismissed from his job because of his condition.
Ms Tannock said the alleged noise and odour pollution was the result of an increase in the factory's production between 2015 and 2016.
Ms Tannock alleged the unpleasant "grainy, chemical" odour wakes the family up, and affects their sleep and their amenity.
It is also alleged that Mr Green's daughter breaks out in rashes, and others in the area say their eyes get itchy.
Ms Tannock said Mr Green had tried to resolve the issue through Environment Protection Authority Victoria (EPA) and the local Moira Shire Council with little success.
"The EPA, we would say, has sat on its hands and done very little," she said.
"I have written extensively, before the litigation, to the EPA and [was] essentially stonewalled by the EPA."
The ABC contacted the Moira Shire Council and the EPA, and both said they would not comment as the matter was before the courts.
In a statement, a GrainCorp spokesperson said the company was "vigorously defending the proceedings".
"As the matter is before the court, we will not be making further comment at this time."
The class action will go to trial in October unless it is settled beforehand.
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