An Auckland hydro vacuum excavation company has been convicted and fined for unlawfully discharging contaminants into a stormwater network that flows into the Waitematā Harbour via the Whau River.
Vac-U-Digga NZ was slapped with a $28,125 fine by Environment Judge Jeff Smith in the Auckland District Court on Thursday 21 November.
Auckland Mayor Phil Goff, who launched a crackdown on illegal dumping last year, says “This conviction sends a strong message that any individual or commercial outfit found pumping chemicals into our waterways and damaging our environment will be held to account.”
The prosecution was brought by the Auckland Council under the Resource Management Act 1991.
The court heard on 17 September last year a former Vac-U-Digga NZ manager directed two staff to discharge 1000L of DOW Primal AC- 6501 R Acrylic Emulsion into a wash bay at the company’s Glendene branch in Culperry Road, rather than dispose of it at an appropriate disposal facility.
Consequently, it turned 200m of the Whau River (and a tributary) milky white.
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In handing down the sentence, Judge Smith acknowledged the company’s early guilty plea and cooperation with the council.
Auckland Council’s Regulatory Compliance Manager Steve Pearce says “While the defendants acted with reckless disregard for the environment, they at least took accountability early on, worked closely with the council to clean up the spill and have taken steps to make sure it never happens again. This was recognised by the court and resulted in a reduction in the sentence handed down.”
With the court adopted prosecutor proposing an initial starting point of $50,000, Judge Smith gave a discount for substantial personal mitigating features, such as remorse, participation in restorative justice and remediation (undertaken by the company at a cost of around $50,000).
He also acknowledged the exemplary response of the offender after the incident and recognised the fact the company were open to working with The Whau River Catchment Trust in supporting local environmental projects. The Whau River flows from New Lynn past Kelston, Glendene and down to Te Atatu South
The court also accepted the product caused effects on the lower organisms, but it was a relatively low and temporary effect when compared with comparable cases involving dead fish and eels.
This prosecution was thanks to a vigilant person who brought this incident to our attention. People who see illegal dumping should contact us immediately with as much information as possible. People can report dumped material to the council on (09) 301 0101, or 0800 NO DUMP, which operates 24 hours 7 days a week.
