Who has responsibility for the hazardous substance stored in the old Mataura paper mill is being discussed at Environment Court mediation after the Environmental Defence Society (EDS) filed declaration proceedings against New Zealand Aluminium Smelters (NZAS).
Talks between EDS and NZAS have been held over the past two days, and Judge Laurie Newhook said today that progress had been made.
"Constructive practical solutions are on the table and are being actively worked on by the major parties," he said.
EDS filed declaration proceedings against NZAS in July this year.
Its application states that NZAS breached its discharge permit when the aluminium dross was removed off-site from the Tiwai Point smelter, and NZAS is responsible for removing the dross by-products from the Mataura site.
About 8500 tonnes of premix is being stored in the building, owned by Southland Storage Ltd, on the banks of the Mataura River. The hazardous substance can produce poisonous ammonia gas if it comes into contact with water, and attention on the matter was given most recently during flooding in February this year.
NZAS had filed a notice of opposition, which stated it acted reasonably in contracting Taha Asia Pacific, which has responsibility over the material as it was processed into ouvea premix. It said there was no breach of its discharge permit when it allowed Taha to take the material off its site.
Under contract with NZAS, Taha Asia Pacific began storing the premix at the mill in 2014, but went into liquidation in 2016.
Judge Newhook said he was making the unusual step of issuing a minute after two days of mediation "because of the high level of public interest and because I have directed the parties to confine their discussions to the conference parties and not beyond its confidential confines."
He said the current contractual arrangements for removal of ouvea pre-mix from the Mataura premises were operating ahead of the originally-anticipated timetable, but the parties were working on developing "considerably faster" arrangements.
Under the present agreement, it would be gone by 2022.
Interested parties included the Minister for the Environment, the Gore District Council, Southland Storage Ltd and Southland Regional Council.
Judge Newhook directed a resumption of the settlement conference for Monday September 28, with a view to finalising solutions.
"I have directed the parties not to make further comment in the media meantime so as not to prejudice the ongoing work and co-operation."
