Unauthorised dumping and burning of waste led to a Yaldhurst man being sentenced to 150 hours of community work in the Environment Court this week.
Andrew John Pattullo pleaded guilty to four charges of illegally dumping and burning waste on his 25 ha property at 81-83 Conservators Road, Yaldhurst, west of Christchurch. The offences occurred on 31 October 2008 and 7 July 2009 and contravened sections 15(1)(b) and 15(2)(a) of the Resource Management Act 1991.
Samples collected by Environment Canterbury officers upon investigation of the property showed that waste material buried contained treated and painted timber, doors, windows, Gib-board, MDF board, electrical appliances, metal, plastic containers, car batteries and concrete. There was also evidence that asbestos was present.
Judge Borthwick noted that Mr Pattullo’s offending put the health of his family at risk of contaminants from the burning of hazardous materials and potential contamination of their drinking water well located on the property.
The Judge stated that Mr Pattullo’s actions were a clear breach of the Resource Management Act 1991, and was highly deliberate offending given that he had received prior warnings from Environment Canterbury enforcement officers. Mr Pattullo had continued to burn and bury waste at the property while on remand and was found committing further offences three days before he was due to appear in court.
The Judge said that it was difficult to find an exact comparison between this case and others and set the starting point for the totality of the offences at $37,000. However the Judge was concerned that the defendant was unable to pay the fine, therefore a sentence of 150 hours community work was imposed instead. Mr Pattullo was given a 30 percent credit for an immediate guilty plea on two charges and a 20 percent credit for a deferred guilt plea on the other two charges.
He was ordered to pay $11,000 towards Environment Canterbury’s investigation costs and solicitors costs of $113 on each charge, together with court costs of $130 on each charge.
Remediation will be the subject of an enforcement order to be sought by Environment Canterbury and yet to be considered by the court.