$97k fine upheld for toxic ammonia spill
An employee who killed more than 1700 fish after spilling ammonia into a Christchurch creek has tried — and failed — to escape a $97,000 fine.
Cold storage business Polarcold Stores Ltd broke strict environmental laws when it released ammonia into Kaputone Creek in Belfast, Christchurch in April 2018.
The spill covered a fivekilometre stretch of the creek, killing mainly eels, some of which were longfins — a rare species that is declining in number and regarded as being at risk.
The creek is an important kaimoana site for the Te Nga¯i Tu¯ a¯ huriri Iwi.
A cultural impact report from the iwi at the time said members felt the incident wasted their efforts to restore the fishery and habitat.
Polarcold Stores Ltd and its employee, Russell William Trent, were found guilty of the toxic spill in the Christchurch District Court and were fined $145,350, and $97,000 respectively. Trent appealed the fine on the grounds it was ‘‘manifestly excessive’’.
A recently released judgment from the appeal hearing outlines new details about the incident.
It found that Trent carried out a purging process, which involved pumping water into a purging tank to remove ammonia trapped in vintage air compressors, which were set to be donated to a machinery museum.
The process took place over five hours on April 3, 2018.
When the water became saturated with ammonia it was meant to be replaced, with the contaminated water contained and safely disposed of as hazardous waste.
However, during the purging process, contaminated water overflowed into a nearby gutter, which directed water to the public stormwater system, which flowed into Kaputone Creek.
The report noted the resulting ‘‘strong ammonia odours’’.
At the time members of the public said they detected it from at least 200 metres away from the business.
It also outlined there was no overflow mechanism in the purging tank and no secondary containment system around the base of the tank, which could have been used to capture any overflow.
Justice Gerald Nation Trent’s appeal.
‘‘The sentence imposed on Mr Trent was within the range of sentences reasonably available to the sentencing judge. I have not been persuaded that the sentence imposed was manifestly excessive.’’
Justice Nation said recent reports had found some affected fish species, particularly the eels, may have substantially recovered since the incident.
He did not dispute earlier findings that the spillage had a significant adverse effect on the ecosystem of Kaputone Creek and a devastating effect on the creek in the short term.
dismissed