By the Numbers – Exide faces tough penalties

Filed under: By the Numbers — Adrian at 10:08 am on Friday, March 28, 2008

Exide Technologies faces tough penalties as authorities prosecute the battery recycler for a second time for allegedly discharging lead dust illegally.

Doctor warned of health risk
The multinational company has again been charged with breaching resource consent conditions at its Petone lead smelter.

But it refuses to say whether it will plead guilty when the case is heard in the Environment Court, and insists it has tried to be a “good neighbour”.

Exide could be fined up to $200,000 or officials jailed for up to two years if found guilty.

The company escaped with a $5000 fine after admitting a similar charge in November, arguing its initial breach was a “one-off”.

The latest alleged breach relates to a November incident when escaping lead dust pushed three-month average emissions over court-imposed health limits at the plant’s southern boundary.

The strict limits were imposed after Regional Public Health announced in 2005 that long-term exposure to Exide’s lead was a health risk to pregnant women and young children.

Exide has created controversy ever since.

It has twice breached the limits, caused an outcry when dumped waste created offensive smells in Wainuiomata, and sparked health fears over its storage of thousands of tonnes of slag waste around Seaview. Greater Wellington regional council, which monitors Exide’s consent, announced yesterday that it was charging the company again under the Resource Management Act.

Environmental regulation manager Al Cross said the council was worried about the cumulative effects of illegal lead emissions on the environment and people’s health.

It was alarmed that Exide had seemingly breached health limits twice in less than a year, and was concerned about the company’s general “housekeeping”, which led to the illegal discharges. However, it did not believe either breach would have direct long-term health effects.

“Quite clearly we don’t want to see these breaches continuing.

“We had these conditions set for a reason, and the reason is to safeguard the health of the community. Compliance with this particular condition is absolutely sacrosanct.”

Mr Cross said the council wanted a tough penalty to serve as a deterrent. “We’d hope that the court sends a very clear message in line with the fact that this was a second breach.”

Exide’s history would be carefully considered when its resource consent came up for renewal in 2011, he said.

Exide recycling general manager John Hawkins said Exide regretted the breach and would fully comply with all court rulings.

The “slightly” elevated November reading did not represent a health threat to local residents or workers.

Cabinet minister and Hutt South MP Trevor Mallard called for Exide to plead guilty and save ratepayers considerable expense preparing for the prosecution.

“Dirty technology in an urban area creates severe health risks for the community, and I urge Exide to start making plans to relocate the factory.”

 PAYING THE PRICE

Other high-profile resource management prosecutions include:

* Scrap merchant Bill Conway sentenced to three months’ jail in 2005 for pollution at an Auckland scrapyard.

* Plateau Farms in Reporoa fined $35,000 last year for discharging dairy effluent.

To read the original article online click here.

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