Fountain of effluent greeted visiting officers
A fountain of cow effluent has led to a former dairy farmer getting community detention for what has been described as one of the worst cases of pollution seen by an Environment Court judge.
“It sits on the most serious level of offending, whether it was deliberate or a serious lack of care, of dairy effluent of the worst kind,” said Judge Brian Dwyer.
Russell Ian Anderson and his wife Christine Anderson were sole traders and directors of Marypark Farms Ltd when Horizons Regional Council compliance officers visited their Levin property in March 2010 for a routine inspection.
That first visit highlighted issues with an unconsented feed pad and animal effluent ponding in several areas and running into a drain, in a litany of non-compliance horrors that continued for a year before the regional council took steps to prosecute. The council laid five charges of discharging cow effluent to land where it may enter water, and three charges of breaching an abatement notice.
Russell Anderson was also sentenced on four charges of discharging effluent in a manner significantly non-compliant with a resource consent and that could have entered water, and three charges of discharging effluent in a manner contravening an abatement notice.
Marypark Farms was also sentenced on one additional charge of digging an offal hole and disposing of dead animals into groundwater.
Council officers visited the Andersons’ property several times issuing abatement notices and providing help to the couple, to no avail. After one visit, officers described seeing a fountain of effluent shooting up in the air.
Council officers also discovered an offal pit with two dead cows partly submerged in water. While the council was unable to determine whether groundwater had been adversely affected, Marypark Farms was also sentenced for digging an offal hole and disposing of dead animals into groundwater.
Sentenced by Judge Brian Dwyer in Palmerston North District Court yesterday, Russell Anderson was criticised for entering a late guilty plea and having no remorse.
“You have been unco-operative with Horizons officers and entered a guilty plea only after negotiations at the beginning of the court hearing.”
Marypark Farms was wound up last year at a loss.
With Russell Anderson unable to pay a fine due to financial circumstances, Judge Dwyer instead imposed a sentence of six months’ community detention and 150 hours’ community service.
Judge Dwyer said he had taken into consideration the nature of the offending, the quantity of effluent and there was a lack of care and deference to any abatement notice.
Source: http://www.stuff.co.nz/business/farming/6268893/Fountain-of-effluent-greeted-visiting-officers
