CESSNOCK City Council has taken one of its own councillors to court, hitting him and his company with $205,900 in penalties.
Cr Allan McCudden has vowed to stay on as a councillor, despite being prosecuted by the council at the Land and Environment Court for not complying with an asbestos clean-up notice and an order to supply information.
"I cannot see any purpose in resigning, I still have a lot to do for the community," he said.
The court handed down the fines and convictions yesterday to Cr McCudden and his company Quintaz, following two days of submission hearings in July last year.
Cr McCudden was the sole director of Quintaz, which controlled a number of businesses, including asbestos removal and demolition services.
The court was told in July that Cr McCudden and Quintaz had pleaded guilty to the charges, which arose after council inspectors discovered fragments of asbestos at a 17-hectare Sawyers Gully property, owned by Quintaz.
The asbestos was in fragments on top of and within stockpiles at the site and had not contaminated the soil.
Defence barrister for Cr McCudden Avni Djemal told the court his client had not been given enough time to comply with the council's orders, which led to him defaulting on the notices.
Justice Rachel Pepper agreed with Cr McCudden's defence team that the presence of asbestos on the site was minimal and she said she accepted that the harm done to the environment was also minimal.
She ordered Quintaz yesterday to pay a fine of $112,500 and $45,700 towards the council's legal costs, while Cr McCudden was fined $21,000 and $26,700 in costs.