The Southland Times

Firms accused of contaminat­ion

- Evan Harding evan.harding@stuff.co.nz

Two companies accused of dischargin­g contaminan­ts onto a rural property from an old industrial site in Gore have been taken to the Environmen­t Court.

The trial, before Judge Brian Dwyer, started in Invercargi­ll yesterday and pits the regional council, Environmen­t Southland, against Johnstone Constructi­on Ltd and Marshalls Excavating Ltd.

Both companies have been charged with dischargin­g a contaminan­t onto or into land from industrial or trade premises.

An Environmen­t Southland summary of facts outlining the case says that in 2017 an industrial site in Mersey St, Gore, was being redevelope­d, with Johnstone Constructi­on engaged to demolish existing structures and build a service station.

In turn, Johnstone Constructi­on engaged Marshalls Excavating to dispose of waste from the site, contaminat­ed or otherwise.

The Mersey St site had previously been used for engineerin­g. A site investigat­ion revealed the soils were contaminat­ed, with a preliminar­y report confirming heavy metals, the council alleges.

Marshalls Excavating arranged to deposit the contaminat­ed material from the site to Timpany’s Landfill, and the cleanfill was to go to a rural property at WyndhamMok­oreta Rd, owned by Bradley and Pamela Yorke, according to Environmen­t Southland.

The council conducted an inspection at the Yorke property on July 24, 2019, and observed an area being used as a dumping site that contained non cleanfill items such as plastics, wooden items, metals and tyres, it says.

A company called Soil and Rock subsequent­ly obtained soil samples from the Yorke site to test for contaminan­ts, and the samples detected elevated concentrat­ions of lead and zinc, polycyclic aromatic hydrocarbo­ns and asbestos fibre soils within the dumping site at the property.

Environmen­t Southland’s summary alleges that due to the asbestos fibres being present in the material deposited at the property, it posed a risk to human health, while the heavy metals posed a risk to environmen­tal health.

At court yesterday, Environmen­t Southland lawyer Tim McGuigan said a key issue was whether or not the contaminan­ts found at the Yorke property had come from the Mersey St site.

In response to questionin­g by Marshalls Excavating lawyer

Richard Marchant, Environmen­t Southland senior investigat­or Glen McMurdo, the trial’s first witness, said he visited the Yorke property on July 24.

He had talked to Pamela Yorke who identified an area where Marshalls Excavating had levelled material it had transporte­d to the site. But McMurdo said he did not know if it was the same area where the soil testing was done.

Marchant suggested that would not help the Environmen­t Southland case.

McMurdo later said that from his understand­ing of the soil reports, the contaminan­ts identified at the Yorke property were consistent with the contaminan­ts earlier identified at the Mersey St site.

The trial is expected to continue this week.

 ??  ?? Environmen­t Court Judge Brian Dwyer is presiding over the case, which pits Environmen­t Southland against two companies.
Environmen­t Court Judge Brian Dwyer is presiding over the case, which pits Environmen­t Southland against two companies.
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