WG Ltd Partnership (WGLP) came before the Dunedin District Court yesterday after pleading guilty to two charges under the Resource Management Act — discharging contaminants into the air and contravening an abatement notice.
The firm owns Keep It Clean rendering plant in Burnside and had repeatedly been served with infringement notices leading up to January 27 last year when the foul stench prompted five more complaints.
Otago Regional Council enforcement officers attended the site and described the smell from nearby streets as "putrid, foul, decayed".
Another said the overpowering aroma left her feeling light-headed.
An inspection of the plant that afternoon revealed why.
Officials saw grease and "scum" on equipment, open bins of waste left outside and external drains full of odour-producing waste.
"Live maggots and flies were grazing on the thick liquid waste," said a court summary.
The rancid reek attracted complaints from members of the public over the course of three hours, one of whom was a resident of Fairfield, nearly 4km away.
"It just smelt like something was really rotten," one said, while another described it as "disgusting and sickening".
Shortly after the criticisms reached the council, a site manager at the plant called to front-foot the issue.
The boiler had been started incorrectly, he said, and the fan was "going the wrong way".
WGLP later attributed the problems to extremely high temperatures and issues in getting the putrefying material to landfill at short notice.
There were also mistakes made regarding the air-filtration system, the company admitted.
Prosecution and defence disputed whether the oversights were the result of recklessness or carelessness.
Judge Brian Dwyer settled on the former.
"Wherever on the spectrum the defendant’s failures might fall, its management of the plant ... was unsatisfactory and a directly contributing factor to the highly offensive odour," he said.
"Compliance with resource consent is not aspirational but mandatory ... The defendant has an absolute obligation to comply with its conditions."
In sentencing he took into account a history of non-compliance. The company had received four similar convictions.
Its Hororata plant (which it has since ceased operating) was pinged over waste-water and odour discharge in 2019 and the following year its Mosgiel site was hauled before the court for issues almost identical to the most recent case.
The company was served with an abatement notice in February 2019 after complaints over preceding weeks but the smelly troubles arose repeatedly, resulting in the prosecution.
"Everyone knows the potential for odour problems," said the judge.
"It’s a necessary industry, we all understand that. They employ a good number of people there, but its obligation is to train its staff to make sure they understand these things."
He fined WGLP $94,062, as well as associated costs and disbursements, and made an order allowing there to be a review of its resource consent.
The company and the ORC agreed to work on the review collaboratively.
History of infringing
May 14, 2018: ORC issues written warning over odour discharge
Jan 12, 2019: $1000 infringement notice issued
Jan 27, 2019: $1000 infringement notice issued
Feb 15, 2019: ORC issues abatement notice
Mar 5, 2019: WGLP advises improvements made to its processes
Jan 11, 2020: $750 infringement issued
Jan 17, 2020: $750 infringement issued
Oct 24, 2020: $750 infringement issued
Nov 2020: ORC audit notes 40 complaints received in preceding year
Jan 27, 2021: Five complaints about stench from Dunedin plant; ORC investigates
Sept 2021: Charges laid
May 2022: WGLP challenges admissibility of evidence, loses
Sept 2022: Guilty pleas entered
Oct 25, 2022: Fined $94,062
