A Waiareka Valley dairy farm company, one of its directors and the farm manager have been fined a total of $48,100 for illegally discharging dairy effluent and applying too much irrigation water.
In the Oamaru District Court yesterday, between them they admitted a total of eight charges brought by the Otago Regional Council arising from two incidents in December 2008.
Crichton Dairy Farms was fined $10,000 for discharging dairy effluent from an animal waste collection system on to production land, $13,400 for using water when the use was not permitted and convicted and discharged for discharging irrigation water on to land, causing flooding of other people's land.
On each charge, it was ordered to pay $130 court costs, on two charges $113 solicitor's fees and on one charge $584.25 in fees and disbursements.
Farm manager Geoffrey Laurie Norris was fined $6000 for the effluent discharge, $12,000 for using water when the use was not permitted and convicted and discharged for discharging water causing flooding.
On each charge, he was ordered to pay $130 court costs and $113 solicitor's fees.
Company director Keith Wallace Pheasant was fined $6700 for using water when the use was not permitted and convicted and discharged for discharging water causing flooding.
On each charge he was ordered to pay court costs of $130 and solicitor's fees of $113.
The regional council will receive 90% of the fines.
The effluent discharge related to a one-hour breakdown in a travelling irrigator which spread it on to the farm.
That resulted in effluent ponding on land.
The use of water when not permitted arose when irrigation water was applied and caused run-off, breaching a condition of the resource consent held by the water supplier, the North Otago Irrigation Company.
The charge of discharging water causing flooding related to the same incident when a neighbour's's crop was flooded, receiving minor damage, and flooding occurred along roads near the property.
Judge Jane Borthwick said effects of the effluent discharge were localised to soil damage and there were unlikely to be more than minor effects on the environment.
Since the incident, the company had introduced a system whereby if the irrigator stopped, effluent would be shut off.
However, the judge warned that travelling irrigators were prone to breaking down and farmers needed to be vigilant.
Two charges related to using too much water causing minor damage to a neighbour's crop, which Crichton Farming bought, and the flooding did not cause damage to roads, nor was it a hazard to road users.
The court accepted the flooding could have been exacerbated by a leak in the Enfield water scheme and also rain.
The company had altered its irrigation system, as well as improving its soil moisture reading system, so it did not happen again.
However, there had been an earlier incident, for which Norris had been warned, and the company should have made the changes after that, Judge Borthwick said.
