6 June, 2013

MEDIA RELEASE

Farmer mucks up with broken irrigator

A Duntroon farmer has been found guilty of breaching his resource consent by discharging effluent onto the ground and allowing it to pool. Stephen Fenwick received a fine of $13,500 and was ordered to pay total costs of nearly $1,500.

Judge PR Keller noted that on April 19, 2012 Mr Fenwick set up his travelling irrigator and then left the property to attend an event with no one remaining to monitor the irrigator’s performance. When an Environment Canterbury staff member arrived at the property for an inspection relating to a Pollution Hotline complaint made a few days earlier there was effluent ponding around the irrigator which had malfunctioned.

“The farm has resource consent to discharge dairy effluent onto the ground, but one condition of this states the effluent should not be allowed form large puddles,” said Environment Canterbury Resource Management Director Kim Drummond. “The effluent was also discovered to be running beyond the farm’s boundary and along the road.”

“The rules around disposal of effluent are there specifically to protect and enhance the region’s fresh water, supporting the community’s wishes which are set out in the Canterbury Water Management Strategy.”

During sentencing Judge Keller noted that there was no evidence that the effluent reached any surface waterway but pointed out that it is generally accepted that discharges of dairy effluent onto land has a cumulative adverse effect.

In determining the appropriate penalty for Mr Fenwick, Judge Keller pointed out there were no previous convictions; however, there was a history of poor compliance. In the past five years Mr Fenwick has received two infringements and abatement notices as well as three other instances of significant non-compliance from ponding of run-off.

“We have worked hard to improve understanding and encourage good practice among farmers and farm workers dealing with dairy effluent. It is important to us that they understand their responsibilities and put processes in place to protect the natural environment so we don’t have to resort to prosecution,” says Mr Drummond.

“I hope the fine imposed in this instance reminds all consent holders that they have an obligation to take all practicable steps to ensure their work has the least impact possible on the environment around them.”
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