The fine and conviction was handed down to the country’s second largest dairy company in the Morrinsville District Court by Judge Melanie Harland last week for discharging objectionable odour, which caused significant impacts on a local community, and also unlawfully discharging wastewater, impacting on a local river.
It is the largest fine imposed for any prosecution taken under the Resource Management Act in the Waikato region.
The case was brought against Open Country Dairy following numerous complaints from local businesses and residents of Waharoa, near Matamata, through two periods in 2018.
Residents reported there had been ongoing, persistent and objectionable odour from the company’s Waharoa factory.
Residents near the factory have complained of a “putrid smell” that wafted as far away as Matamata, 6km up the road. They described a range of debilitating effects from having to keep doors and windows shut through to headaches and vomiting.
Waikato Regional Council filed six charges against the dairy company in September last year.
After an investigation, the Council found in March 2018 that the odour was connected to the failure of the company’s wastewater pond liner. As a result, contamination of the Waitoa River also occurred.
The council’s investigations and incident response manager, Patrick Lynch said the contamination was sufficient to create a sewage fungus growth that was visible within the river.
“This persisted for some months and was measured to be 1.3 km long.
“This is the fifth prosecution of this company, or its predecessor, relating to unlawful discharges into the environment.
“We have the greatest sympathy for the Waharoa community who have to try living with the terrible impacts this stench has caused. This large fine sends a very clear message to this company that their operation has to be environmentally sustainable.”
Lynch said there were several factors that make this case extremely aggravating.
“No other company in this region has a history of non-compliance against the RMA to that level. A very aggravating aspect of this case was the pronounced and ongoing impact that it had on the residents of Waharoa.”
Judge Harland said stated that the odour impacts on residents were “profound and, of their kind, serious”.
Harland also issued an enforcement order, which the company agreed to, prohibiting further objectionable odour from the site. The order also requires the company to have a community communication plan to keep the community and council informed of any issues at the plant that may result in objectionable odour being discharged.
Open Country Dairy could not be reached for comment.