Two North Otago dairy farming companies and their farm managers were fined a total of $55,000 in the Oamaru District Court yesterday, after two separate illegal dairy effluent discharges reached two creeks in the Waitaki and Waiareka Valleys.
Environment Court Judge Jane Borthwick imposed the penalties on charges brought by the Otago Regional Council after inspections by council officers in 2008 found the effluent discharges.
Elderslie Dairy Farms Ltd and its farm manager Andrew Mark Jefferies admitted discharging dairy effluent between October 9 and 23, 2008, on to land in circumstances which might result in it entering the Waiareka Creek in the Waiareka Valley.
The company was fined $20,000, court costs $130 and solicitor's fees of $113.
Jefferies was fined $15,000, court costs $130 and solicitor's fees $113.
DLS Farming Ltd and its owner, Dennis Patrick Gardner, admitted discharging dairy effluent on or about November 19, 2008, on to land in circumstances which might result in it entering Henderson's Creek in the lower Waitaki Valley.
They also admitted discharging effluent collected in an animal waste system on to production land.
Gardner was fined $12,000, court costs $130 and solicitor's fees of $113 on one charge and, on the other, convicted and discharged upon payment of $130 court costs and $113 solicitor's fees.
The company was fined $8000, court costs $130 and solicitor's fees $113, on one charge and, on the other, convicted and discharged upon payment of $130 court costs and $113 solicitor's fees.
The Otago Regional Council was awarded 90% of all the fines.
Elderslie Dairy Farms operates a dairy farm milking 900 cows and managed by Jefferies.
In October, 2008, a pump failed and effluent flowed from a sump, eventually entering Waiareka Creek.
Since then the company had spent $100,000 improving its effluent system by installing a storage pond, which was planned before the discharge took place but not constructed until recently.
Judge Borthwick said the daily check of the sump level was not followed on the day of the discharge which, while not deliberate, could have been avoided.
It was the responsibility of the defendants to ensure the effluent was disposed of properly.
In terms of upgrading the system, that should have been done earlier.
The defendants had to be held accountable to denounce and deter them in the future, she said.
DLS Farming Ltd is owned by Gardner who farms 330 cows near Georgetown as a 50/50 sharemilker with the owner of the property.
Dairy shed effluent goes across a stone trap and is stored in a sump, then sprayed on to the farm.
When inspected by the council, there was extensive ponding of effluent on paddocks, and it was entering a farm drain, then Henderson's Creek.
Judge Borthwick said it was the sharemilker's responsibility to operate the effluent system and should have taken immediate action to stop effluent ponding and reaching the drainage ditch.
The situation was aggravated by no effluent storage and the area which could be irrigated.
The discharge had potentially serious effects for human health and the ecology of the catchment.
Henderson's Creek was a tributary of the Waitaki River which had important environmental, ecological and recreational values, she said.
