A controversial organic composting site in remote North Taranaki has been shut down after the Environment Court dismissed a consent appeal that has dragged on for years.
Remediation New Zealand has been fighting a decision made by the Taranaki Regional Council after it refused it resource consents to operate at its Urutī plant.
The council, North Taranaki iwi Ngāti Mutanga and neighbours of the site fought through the Environment Court, arguing the company’s operation was breaching consents, causing health issues, contaminating waterways and creating putrid smells across kilometres of the Urutī valley.
Central to a lot of the criticism had been tonnes of oil and gas drilling mud waste taken in by the company, a stockpile containing arsenic, hydrocarbons, chemical additives, and unauthorised treated-timber sawdust.
In reacting to the criticism, the directors of Remediation New Zealand argued they had not breached the issued consents and testing had proven water quality was not being adversely affected and odours were minimal from the site.
However, Judge Laurie Newhook dismissed the company’s appeal in a 223-page decision.
In summary, he found there were significant adverse effects on water quality and ecology, “not adequately mitigated by the proffered conditions of consent” while there were also unacceptable discharges to air.
The judge also found there was a lack of meaningful consultation with iwi and inadequate mitigation of the adverse effects on cultural values.
He also said the detail about the removal or bio-remediation of stockpiled material was also inadequate and there was potential for long-term adverse effects from it.
Judge Newbrook was also concerned about the inconsistency of testing under the conditions of the resource consent, which previously allowed water and air discharges.
In his written decision, the judge said the length of time Remediation New Zealand had been able to continue to operate while the appeal was being heard and considered had “caused anxiety for some local people” but the court had no choice.
“A remarkable and most unfortunate feature of the proceedings was the enormous volume of evidence, materials and submissions we have had to sift through and consider, much generated by RNZ [Remediation New Zealand], the electronic equivalent of 35 lever-arch folders of material,” he said.
“This situation has not delayed the proceeding (that was caused by the features mentioned in the last paragraph) but has placed unreasonable pressure on the court and probably on the parties themselves.
“It also indicates serious lack of adherence to the court’s practice note which in several provisions calls for efficiency of process and focus on the matters in issue.”
The Uruti site would now be shut down, the company said.
Remediation New Zealand managing director Kerry O’Neill issued a brief statement following the appeal being dismissed.
“We are disappointed with the judgement,” he said.
“This will have a huge financial impact on a number of Taranaki businesses, as well as our staff, some of whom will be made redundant as a result of this.
“Moving forward we will be working with the Taranaki Regional Council to ensure there is an orderly and compliant shut down of the site.”
It remained unclear what would happen with the stockpile of waste that remained on site, although it was believed it would be taken eventually to landfill.
- Taranaki Daily News