A South Otago dairy farm contaminant discharge case highlighted the need for careful construction of farm effluent ponds, including lining them as a precaution, Environment Court Judge Jeff Smith said in Dunedin.
Judge Smith was commenting during an Environment Court sentencing in Dunedin, in which an Owaka farm company, Ocean View Farm (No 1) Ltd, and Peter Murray Fletcher (39), the company's manager and a company director, were fined a total of $10,000 on effluent-related charges.
The company and Fletcher had each previously been convicted on three parallel charges - brought by the Otago Re-gional Council under the Resource Management Act - after a defended hearing in the Balclutha District Court.
Two of the parallel charges involved a then recently-established effluent pond on an Owaka dairy farm between October 10 last year and November 7.
Contaminants, namely dairy shed effluent, had leaked out into a waterway, and a council water plan rule was breached.
The other parallel charges involved further leaking of contaminants from the pond from November 8 last year to February 11 this year.
The company was convicted and fined $7000 for one offence involving the discharge of contaminants to water, in particular an unnamed tributary of the Owaka River, between October 10 and November 7 last year, and was convicted and discharged on the two other offences.
The company was also directed to pay $758.75 investigation costs, and regional council legal costs of $1065.25, as well as $130 court costs on each charge.
Fletcher was convicted on a parallel charge involving the tributary and was fined $3000. He was also convicted and discharged on the other two charges, with $130 court costs on all three charges.
The judge directed that 90% of the fines be paid to the regional council.
Judge Smith noted that Fletcher had correctly sought the advice of an appropriate consultant in creating the pond and had later taken action, including filling a ditch, and applying hay, in a bid to prevent contaminants from reaching the tributary.
However, Fletcher had been "disheartened" by unsuccessful initial attempts to pump out the effluent pond after it had started to leak, with some contaminants continuing to be discharged into the ground over a period of months.
The overall attempts which had been made to improve the farm's effluent disposal system were "laudable" and supported by the court.
But Judge Smith highlighted the need to take into account several key factors during construction, including the precautionary use of a liner, to prevent leaks.
In reaching the final fines figure, he had taken several points into account, including Fletcher's actions to prevent further contaminants from reaching the tributary, and the further costs incurred in providing secure storage of effluent.
In another case, Judge Smith convicted Scott Jeremy Fleming (33), sharemilker, of Milton, who had admitted one offence, under the Resource Management Act, of discharging contaminants, involving effluent, to a ditch in October last year.
Fleming was fined $7000, and also required to pay $573.75 in investigation costs, $221.48 in legal costs and $130 court costs.
Len Andersen, appearing for Fleming, said he was a diligent sharemilker who was consistently careful and proactive in his efforts to protect the environment.
He had been caught out by unusual circumstances, involving the first time a travelling irrigator, discharging effluent fertiliser, had been used on a piece of land which had been previously used only by sheep.
He had not realised the sheep had heavily compacted the land, and the irrigator, which had just been repaired, was moving too slowly.
The two factors resulted in contaminants running off, he said.
Judge Smith noted Fleming's good character, his sound record as a sharemilker, and his prompt action to remedy problems with the irrigator when they were drawn to his attention.
