Septic tank driver fined $6K for dumping sewage into Whakatāne canal

A former septic tank driver has pleaded guilty to dumping 6000 litres of sewage in a Whakatāne canal. Photo / NZME

A former septic tank driver has been fined almost $6000 and sentenced to 200 hours of community work for contaminating a Whakatāne canal with about 6000 litres of human waste.

Kyle Sean Maitai, 34, was sentenced in the Whakatāne District Court after he pleaded guilty to one charge of discharging septic tank waste on to land in circumstances which may have resulted in that contaminant entering water - Orini Canal.

According to the sentencing notes, the canal flows about 3.5km from a bridge on Wano Rd into parts of the wider Whakatāne estuary. It is an important habitat for indigenous freshwater fish and native birds.

Maitai was employed by the company Brownfreight at the time of the offending.

On May 17 last year two local residents witnessed Maitai backing a Brownfreight septic tank truck close to the Orini Canal bridge. The truck had the words 0800 poo tank on it.

The residents saw brown material and liquid pouring from the back of the truck, down the bank and into the canal.

"The residents could smell a terrible smell like septic tank waste which caused them to
dry-retch," the sentencing notes said.

The residents called Brownfreight, Whakatāne District Council and Bay of Plenty Regional Council's pollution hotline to report the truck.

When spoken to by his employers and the council, Maitai denied what he had done.

The regional council investigated the next day and could smell "a strong smell of human sewage and observed brown sludge on the ground". Samples taken from the location found high levels of E.Coli.

When contacted, Brownfreight immediately arranged for the sludge to be cleaned up and replaced any contaminated soil and plants with fresh ones.

Brownfreight's records showed Maitai collected about 6000 litres of septic tank waste that morning. But there was no record the waste had been properly disposed of.

Close up of septic tank discharge running down steps next to Orini Canal bridge. Photo / Bay of Plenty Regional Council

An investigation by Brownfreight found there were no problems with the truck Maitai was driving.

Maitai was suspended from his job and later dismissed.

Prosecutor Adam Hopkinson, representing the Bay of Plenty Regional Council, described the offending as "deliberate".

Hopkinson argued Maitai should be fined $80,000.

The maximum penalty for discharging a contaminant is two years' imprisonment or a fine of up to $300,000.

Maitai's lawyer, Steve Franklin, argued a community-based sentence, supervision and a fine of $7800 paid at $30 per week was more appropriate.

Chief Environment Court Judge David Kirkpatrick said the sentence should require Maitai to take responsibility for his actions.

Judge Kirkpatrick sentenced Maitai to 200 hours of community work, 10 months' intensive supervision and fined him $5850.

Judge Kirkpatrick recommended Maitai's community work include environmental work with Ngāti Taiwhakaea - the hapū with which he has tribal links and the tāngata whenua of the area where the offending happened.