A Bendigo company has been fined almost $50,000 after admitting to polluting a local creek on two occasions while carrying out construction work on a Huntly site.
Watsiana Pty Ltd (Watsiana) pleaded guilty in the Melbourne Magistrates’ Court on Wednesday to polluting Back Creek on two separate occasions in late 2011.
The company admitted the pollution could have made the water poisonous, harmful or potentially harmful to animals, wildlife, fish or other aquatic life or to plants or other vegetation.
The Court heard that on 23 September 2011, the Environment Protection Authority Victoria (EPA) received a pollution report alleging turbid water was being pumped from a sediment basin from a subdivision site into Back Creek.
EPA officers investigated the report and observed evidence that Watsiana had discharged sediment laden water to Back Creek, which was adjacent to the subdivision site. Water samples were collected and analysed for water quality.
EPA issued Watsiana with a Minor Works Pollution Abatement Notice requiring effective controls be implemented to stop sediment laden waters from being deposited or discharged beyond the site’s boundaries.
However, another pollution report came through, in November, again advising EPA that more turbid water was being pumped into Back Creek from the subdivision site.
A follow-up visit to the site confirmed an operating pump next to a sediment dam was discharging offsite into Back Creek, contravening the Minor Works Pollution Abatement Notice.
EPA officers further observed that although there was some form of sediment control measures in place at the site, it was not sufficient to stop sediment laden waters from being discharged into the creek.
In sentencing, Magistrate Goldberg took into account the company’s no prior convictions and early plea.
The Magistrate noted that although Watsiana had taken steps to put sediment controls in place following the September 2011 incident, they were clearly insufficient and the company had the knowledge and experience to appropriately manage its activities given its long history in the industry.
Watsiana were fined $20,000 for the 23 Sept 2011 incident and $27,500 for the 11 Nov 2011 incident without conviction for both charges. They were also ordered to pay $11,223 in costs.
EPA North West manager Scott Pigdon said the outcome sent a strong message to construction companies.
“Industry needs to ensure that they understand and take their environmental obligations seriously and ensure that they take the appropriate measures to minimise impacts to the environment,” he said.
“Information to assist industry to understand their requirements, such as Environmental Guidelines for Major Construction Sites, are available on the EPA website.”
Mr Pigdon encouraged the community to report pollution to EPA on 1300 372 842 (1300 EPA VIC) or by visiting www.epa.vic.gov.au