The Northern Advocate

Fuel firm cops $169k fine

Judge says use of banned substance ‘extraordin­ary’

- Mike Dinsdale

Using banned, toxic firefighti­ng foam that ended up in Whangārei Harbour has seen the company that operated the Marsden Point Oil Refinery fined $169,000. Channel Infrastruc­ture NZ Limited received the fine when it was sentenced in the Whangārei District Court on charges of dischargin­g contaminan­ts, in breach of the Resource Management Act.

The firefighti­ng foam that had been banned from use in training exercises was used multiple times at Marsden Point Oil Refinery, with foam ending up in the Whangārei Harbour.

The Environmen­tal Protection Authority (EPA) laid seven charges against the company, formerly the New Zealand Refining Company Limited, under the Hazardous Substances and New Organisms Act and a further seven charges under the RMA.

Channel Infrastruc­ture entered guilty pleas to all 14 charges, which relate to the prohibited use and unauthoris­ed discharge of firefighti­ng foam containing per-and-polyfluoro­alkyl substances (PFAS) on seven separate occasions in May and June 2021.

Channel Infrastruc­ture has accepted the court’s findings and acknowledg­ed the sentence that has been handed down.

“When we were made aware of this issue, we acted immediatel­y to report the incident to the Environmen­tal Protection Authority (EPA), the Northland Regional Council and tangata whenua, and since then we have fully cooperated with the EPA as they undertook their investigat­ions on this matter,” a spokeswoma­n said. The company estimated that staff sprayed up to 600 litres of concentrat­ed foam during the training exercises — up to 60,000 litres of liquid (the concentrat­ed foam mixed with water) in total.

It’s not known how much then entered Whangārei Harbour.

The authority said Whangārei Harbour was valued for its environmen­tal, cultural and economic significan­ce to Northland, and particular­ly for its kaimoana and its role as an important nursery and feeding ground for commercial fish species.

The harbour was also used for commercial vessel navigation and water recreation activities, it said.

In the Whangārei District Court during sentencing, Judge Jeff Smith said the emergency response trailer that was used in the training exercises was only intended to be used for emergency fires.

He said the trailer indicated on it that it contained a fluorine-free foam but in fact it contained the PFAS foam.

The company had mechanisms in place to ensure the emergency response trailer was not used for training but the systems did not function as they should have, the judge said.

Judge Smith said there was no satisfacto­ry explanatio­n as to why the emergency response trailer was used.

“Its use on seven occasions for training can only be described as extraordin­ary,” he said.

The EPA’s general manager of compliance, monitoring and enforcemen­t Gayle Holmes said hazardous chemicals needed to be carefully managed to protect the environmen­t and people.

“Firefighti­ng foams containing PFAS can cause serious land and water contaminat­ion. That’s why there is internatio­nal agreement on the need to address these ‘forever chemicals’.

“These substances don’t break down — they build up and bioaccumul­ate over time in living organisms, including in terrestria­l and marine mammals.”

Holmes said cumulative and long-term effects may seem less tangible in the immediate aftermath of an incident of this nature, but steps were being taken today to prevent these types of longerterm effects simply becoming a problem for future generation­s.

“The EPA takes failure to meet hazardous substances and resource management requiremen­ts very seriously. We hope this case raises awareness of the importance of having robust systems which are fit for purpose and followed when managing hazardous substances.”

Firefighti­ng foams that contain PFAS are prohibited from use in training exercises. Further restrictio­ns come into effect from December this year.

A complete phase-out comes into effect in 2025, after which the use of legacy PFAS firefighti­ng foams will be prohibited in any circumstan­ce.

 ?? Photo / NZME ?? Channel Infrastruc­ture, the company that operated Marsden Pt Oil Refinery, has been fined $169,000 after banned firefighti­ng foam was used at the site and ended up in Whangārei Harbour.
Photo / NZME Channel Infrastruc­ture, the company that operated Marsden Pt Oil Refinery, has been fined $169,000 after banned firefighti­ng foam was used at the site and ended up in Whangārei Harbour.

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