A Christchurch company director has been fined $3000 and ordered to pay costs of $13,892 after pleading guilty to a charge of discharging contaminated material to land that might have entered water. The case was heard in the Christchurch District Court last month.

Peter Warwick Hurst admitted dumping foundry waste from his factory on Maces Road, Bromley at sites on the Glen Colwyn Station in North Canterbury that borders the Conway River. His actions contravened sections 15(1)(b) and 33A of the Resource Management Act 1991.

Soil samples collected by Environment Canterbury officers upon investigation of one site contained heavy metals and petroleum hydrocarbons that could have been leaching to groundwater. An inspection of a second site revealed slag, pieces of sacking, casting sand and 15 44-gallon drums with the name of Mr Hurst’s foundry (Buchanans Foundry) written on them. The industrial waste was subsequently removed from within the ground following the granting of an enforcement order by the Environment Court.

Mr Hurst admitted that he had directed the disposal of the waste on Glen Colwyn Station with one or two trips over a ten day period and argued that there was no alternative disposal site following the closure of the Burwood landfill and that the dumping in North Canterbury was a last resort.

Judge Jackson noted that Environment Canterbury had informed Mr Hurst that under no circumstances was foundry waste to be dumped in a clean fill given that these were in sensitive areas of groundwater recharge zones and that the disposal of sand required a special waste permit. He also noted that the Conway River catchment and any nearby surface water body have natural and recreational values and could potentially have been affected.

The Judge stated that the offending was serious and that the land was now classed as a contaminated site. Although the dumping and subsequent clean up caused significant concern amongst the local community, Environment Canterbury is confident that the risks have been successfully managed and has agreed to the disposal of the waste at an alternate site. However Judge Jackson also noted that it is not the responsibility of the regional council to store or dump waste, and in this case, that responsibility rested with Mr Hurst.

This incident was the catalyst for Environment Canterbury to work with and advise 16 foundries in Canterbury. No significant issues were discovered from visits to these sites. However, information on relevant rules and industry issues was provided and discussed with foundry managers and owners.

Judge Jackson imposed a fine of $3000 and ordered the defendant to pay the regional council’s investigation costs of $13,892. The Judge also ordered Mr Hurst to pay court costs of $130. Ninety per cent of the fine was paid to the regional council.

For further information: Kim Drummond, ECan Director Regulation, 03 372 7232, 027 497 8366.