The creek turned a "rust orange" colour, alarming locals. Photo / Supplied
The creek turned a "rust orange" colour, alarming locals. Photo / Supplied
A trucking company that turned a Marlborough creek "rust orange" after discharging its washdown water said it was trying to help others during the lockdown.
Broadbridge Transport Ltd has been fined $15,000 after water contaminated with grape waste ended up in a nearby creek, killing wildlife.
A Blenheim District Courtdecision said the company came to the Marlborough District Council's attention last April after residents in Renwick complained a creek near their homes had changed colour and was giving off an "intense" smell.
Compliance officers visited School Creek and found its waters were "rust orange" and "pungent with a sulphurous odour", leaving an eel dead on the bank.
Residents told the officers they had spent the morning relocating eels after noticing them "struggling to breathe" and trying to escape the creek. They estimated between two and three eels had died, and about five were relocated.
Testing revealed the creek's waters were acidic and severely starved of oxygen, with one sample revealing it had 71,400 per cent more dissolved oxygen than normal.
This, coupled with its unnaturally high iron levels, led the council to conclude grape skins, stalks and seeds leftover from the region's wine industry had ended up in the creek.
It named Broadbridge Transport the culprit and slapped it with an abatement notice on April 8, meaning it had to stop discharging the substance that was contaminating School Creek or face a hefty fine.
Broadbridge Transport stopped, but was still charged by the council for breaching the Resource Management Act. It pleaded guilty at the Blenheim District Council in May.
The court judgment said Broadbridge Transport had allowed other trucking companies to use its wash station in Renwick during last year's vintage. The industry was under extra pressure during vintage with the threat of a Covid lockdown looming.
The wash station was not designed to capture such a large volume of truck wash water, so the company put down an unconsented pipe to send some of it to the road.
It did not realise the water being washed from some of its guest trucks had been contaminated with crushed grapes, the judgment said.
The contaminated water had entered School Creek between March 28 to April 8.
Residents managed to rescue some eels from dying in the oxygen-depleted creek. Photo / Supplied
After Broadbridge Transport received the abatement notice, it closed its wash station, flushed clean water through the roadside drain and advised guest trucking companies it would not accept any grape-related vehicles.
It told the council it would empty its wash-down treatment and storage chambers more often, transporting the waste 18 kilometres away to Blenheim's sewage treatment plant.
It would also remove the unconsented pipe.
During restorative justice with the council, the company also promised to put in a new truck wash system and "enhance School Creek to a value of $4500".
Judge John Hassan said while the company's actions had caused "moderately serious" environmental impacts, its quick response ensured most were temporary.
An inspection of the creek on May 4, 2020, showed the creek had recovered thanks to the combined efforts of the company and the council, and heavy rain.
Judge Hassan thought Broadbridge Transport "did not deliberately pollute", but had fallen short of what was expected of an environmentally responsible company.
"However, on all the material before me, I cannot conclude that [opening the wash station to other companies] was done for commercial gain. I give the defendant the benefit of the doubt. Theirs was a community-minded response."
He said Broadbridge Transport had shown "extraordinary remorse" and pleaded guilty "at the earliest opportunity".
It had no previous convictions, and regularly contributed to charities and other community causes.
Broadbridge Transport was fined $15,000, with 90 per cent paid to the council. It was also ordered to cover the council's water testing costs.
On Wednesday, Broadbridge Transport spokeswoman Rachel Marfell said the company would like to apologise for the harm it had caused the community.
"We look forward to working with Renwick School in due course to plant some trees to improve the School Creek."
Council consents and compliance group manager Gina Ferguson said in a statement that the company had been open and co-operative from the beginning, and the severity of the fine was reduced due to their good actions.
"I believe they underestimated the potential impacts of the discharge, but did what they could to put it right. They accepted responsibility and took ownership of the issue."
Ferguson hoped the conviction would send a strong message to other businesses that failed to meet the requirements of the Resource Management Act and the council's own Proposed Marlborough Environment Plan.
