Baypark to Bayfair contractor CPB cops $63k fine for wastewater spill

Baypark to Bayfair Link (B2B) construction pictured in January 2021. Photo / NZME

The lead contractor responsible for carrying out work in the $262 million Baypark to Bayfair (B2B) project has been fined $63,000 for a wastewater spill that flowed into Tauranga Harbour.

On July 5, CPB Contractors Pty Limited (CPB) pleaded guilty for wastewater discharges caused by construction damage.

The discharges, which occurred after one of CPB's sub-contractors struck an underground sewer pipe while installing stone columns, led to approximately 370,000 litres of wastewater discharged onto Maunganui Road. An unknown volume entered the Tauranga City Council's stormwater network, which flowed into a drain underneath the Omanu Golf Course, then to the Tauranga Harbour. The discharge occurred on the evening of April 29, 2019.

The Bay of Plenty Regional Council, which prosecuted CPB, released the sentencing findings in a statement today.

It said that following the incident, CPB also worked with a hapū advisory group to apologise for the event and identify how cultural impacts could be addressed. As a result of this, CPB committed to $40,000 in environmental restoration works downstream of the discharge point.

Regional council compliance manager Alex Miller said the prosecution highlighted how important it was for meticulous care to be taken during construction projects to avoid environmental impacts.

"This case shows the environmental and cultural flow-on effects of wastewater discharges.

"However, we recognise CPB worked alongside tangata whenua throughout the justice process and the planting programme is a positive response to the charges," Miller said.

Judge Dwyer said the discharge of raw sewage into our waterways was a well-recognised cultural offence to Māori.

"Such discharges are commonly offensive to the wider community," Judge Dwyer said.

"CPB has a comparatively high level of culpability arising out of the failures of both its employees and its own procedures which failed to ensure that a critical safety essential was followed."

In the statement, the regional council said it encouraged anyone who noticed wastewater overflows or other pollution matters to call the 24/7 Pollution Hotline on 0800 884 883.

Under the Resource Management Act, regional councils and unitary and territorial authorities have primary responsibility for compliance, monitoring and enforcing the act to help manage natural resources and protect the environment.