Rotorua Daily Post

Driver fined over sewage discharge

‘Deliberate’ spilling of human waste contaminat­ed Whakata¯ ne canal

- Maryana Garcia

Aformer septic tank driver has been fined almost $6000 and sentenced to 200 hours of community work for contaminat­ing a Whakata¯ ne canal with about 6000 litres of human waste.

Kyle Sean Maitai, 34, was sentenced in the Whakata¯ne District Court after he pleaded guilty to one charge of dischargin­g septic tank waste on to land in circumstan­ces which may have resulted in that contaminan­t entering water — Orini Canal.

According to the sentencing notes, the canal flows about 3.5km from a bridge on Wano Rd into parts of the wider Whakata¯ne estuary.

It is an important habitat for indigenous freshwater fish and native birds.

Maitai was employed by the company Brownfreig­ht at the time of the offending.

On May 17 last year two local residents witnessed Maitai backing a

Brownfreig­ht septic tank truck close to the Orini Canal bridge. The truck had the words 0800 POO TANK on it.

The residents saw brown material and liquid pouring from the back of the truck, down the bank and into the canal.

“The residents could smell a terrible smell like septic tank waste which caused them to dry-retch,” the sentencing notes said.

The residents called Brownfreig­ht, Whakata¯ne District Council and Bay of Plenty Regional Council’s pollution hotline to report the truck.

When spoken to by his employers and the council, Maitai denied what he had done.

The regional council investigat­ed the next day and could smell “a strong smell of human sewage and observed brown sludge on the ground”. Samples taken from the location found high levels of E.coli.

When contacted, Brownfreig­ht immediatel­y arranged for the sludge to be cleaned up and replaced any contaminat­ed soil and plants with fresh ones.

Brownfreig­ht’s records showed Maitai collected about 6000 litres of septic tank waste that morning but

there was no record the waste had been properly disposed of.

An investigat­ion by Brownfreig­ht found there were no problems with the truck Maitai was driving.

Maitai was suspended from his job and later dismissed.

Prosecutor Adam Hopkinson, representi­ng the Bay of Plenty Regional Council, described the offending as “deliberate”.

Hopkinson argued Maitai should be fined $80,000.

The maximum penalty for dischargin­g a contaminan­t is two years’ imprisonme­nt or a fine of up to $300,000.

Maitai’s lawyer, Steve Franklin, argued

a community-based sentence, supervisio­n and a fine of $7800 paid at $30 per week was more appropriat­e.

Chief Environmen­t Court Judge David Kirkpatric­k said the sentence should require Maitai to take responsibi­lity for his actions.

Judge Kirkpatric­k sentenced Maitai to 200 hours of community work, 10 months’ intensive supervisio­n and fined him $5850 and recommende­d Maitai’s community work include environmen­tal work with Nga¯ti Taiwhakaea — the hapu¯ with which he has tribal links and the ta¯ ngata whenua of the area where the offending happened.

 ?? Photo / NZME ?? A former septic tank driver has pled guilty to dumping 6000 litres of sewage in a Whakata¯ ne canal.
Photo / NZME A former septic tank driver has pled guilty to dumping 6000 litres of sewage in a Whakata¯ ne canal.
 ?? Photo / Bay of Plenty Regional Council ?? Close up of septic tank discharge running down steps next to Orini Canal bridge.
Photo / Bay of Plenty Regional Council Close up of septic tank discharge running down steps next to Orini Canal bridge.
 ?? ??

Newspapers in English

Newspapers from New Zealand