MEDIA RELEASE – CORRECTION

In a recent media release Environment Bay of Plenty stated that Seaspray Farms Limited was fined $15,729 including costs for three offences – one of pooled effluent with high levels of faecal coliforms, which was pumped directly into the Pukehina Canal as a result of a “system overwhelmed by run off”; and two for discharging leachate from stock food bunkers into the farm’s drains. This statement then appeared in media.

The release should have stated that the three internal farm drains into which the effluent and leachate flowed, all flow into the farm’s drainage system which is eventually pumped into the Pukehina Canal.

Seaspray Farms pleaded guilty to all three charges.

MEDIA RELEASE

Farmers fined $60,000+ for polluting practices

For immediate release: 27 August 2009

Several Bay of Plenty dairy farmers have this week paid the price for dairy effluent discharge breaches under the Resource Management Act (RMA) as a result of cases brought by Environment Bay of Plenty in the Environment Court.

Maddison Slurry Spreading Limited was fined $23,421.93, including costs, for two offences where dairy effluent was discharging into the Kopurererua Stream – a spring-fed watercourse that drains into the Tauranga Harbour. Numerous households rely on the stream for drinking water.

Maddison Slurry Spreading accepted they had not complied with requirements and pleaded guilty to the charges.

The first incident happened on 9 November 2008 when a pipe coupling from an effluent irrigator broke and approximately 100,000 litres discharged from the pipe during a 20-minute period – a substantial amount of the effluent discharge flowed into the stream.

Judge Smith accepted that it was “moderate” contamination. Given the stream supplies drinking water, a health warning had to be put in place.

The second incident on 10 November 2008 was from an over-application of effluent in a paddock caused by an irrigator being operated on half turns but not being moved frequently enough. The pooled effluent flowed into a tributary of the Kopurererua Stream.

Judge Smith said the breaches were “unfortunate lapses” and that he hoped the fine amounts would be “a sufficient deterrent for people in the future”.

Dairy farmers Alec Glen Buchanan and Aidan Buchanan were fined $14,000 in relation to two breaches at their Pukehina farm last year. The first offence occurred as a result of prolonged wet weather and pooling caused by an incorrect pump being installed on an irrigator, which resulted in high volume discharge at low pressure.

The Buchanan’s pleaded guilty to the charges and paid the investigation costs of $5,000 separately to Environment Bay of Plenty.

Judge Smith said the location of the Buchanan’s farm at Cutwater Road was particularly difficult for dairy farming in terms of discharge effluent when there was wet weather. “Conditions on or about 28 August 2008 conspired against you when the pond became full. You made the decision to use the irrigator despite the wet conditions. As it transpired, the pump was in the wrong place and had insufficient pressure to drive it,” Judge Smith said.

In relation to the second offence, a regional council inspection on 9 September 2008 found a large area of pooling and effluent flowing through the internal farm drains and discharging to the Cutwater Drain as a result of a broken coupling in a pipe leading from an effluent pond to an irrigator.

“Unfortunately on 9 September the irrigator was switched on. The staff member who switched it on was asked to turn it off but unfortunately that did not occur. You relied on a staff member rather than checking yourself. The pump was leaking and pumping effluent to the ground,” Judge Smith said.

In sentencing, Judge Smith told Aidan Buchanan it was the “failure of staff not to comply with directions and lack of supervision on your behalf”.

Judge Smith said the Pukehina area is heavily farmed and the number of canals discharging into the Waihi Estuary particularly sensitive to large effluent pulses. “The long-term effect on the estuary is negative and it has suffered ecological decline,” Judge Smith said.

Last month in the Environment Court, Anthony Peter Kampshof from Pyes Pa and AP & CA Kampshof Limited pleaded guilty and were fined $7,444.04, including costs, for allowing discharged effluent to flow into a tributary of the Waiorahi Stream, which flows into Tauranga Harbour.

A regional council inspection on 29 October 2008 found the discharged effluent flowing from the effluent pond into the stream at a rate of approximately three litres per minute. It was not known how many days the discharge occurred as Mr Kampshof had not checked the ponds for 14 days prior to the time the regional council discovered the discharge.

Judge Harland said that the discharge was “not deliberate, but a result of poor maintenance and monitoring”. She said Mr Kampshof was a “responsible farmer who was caught out on this occasion”. She was satisfied that he had learnt his lesson.

In yet another case, Seaspray Farms Limited, of which Geoffrey, Lynette and Aaron Taft from Pukehina are directors and shareholders, was fined $15,729 including costs for three offences – one of pooled effluent with high levels of faecal coliforms which is pumped directly into the Pukehina Canal as a result of a “system overwhelmed by run-off”; and two for discharging leachate from stock food bunkers into the farm’s drains.

Environment Bay of Plenty Chairman John Cronin said it was extremely disappointing to have had to prosecute so many farmers in just one season’s monitoring.

“The council prefers to take an educational approach to ensuring dairy farmers’ compliance with the RMA. Prosecution is reserved for more serious cases – particularly when discharges occur despite earlier warnings or earlier enforcement action.

“Dairy farmers are involved in a business that has impact on the environment, and farmers need to address their risk management to avoid such breaches and subsequent prosecution,” Mr Cronin said.

ENDS

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