An Auckland chemical company has been fined after spilling more than 8000 litres of methyl methacrylate (MMA), a "volatile liquid" with a pungent odour, leading to the Manukau Harbour and killing more than 100 eels last year.
Allnex New Zealand Limited discharged the substance, used in plastic and adhesive manufacturing, following a leak in a newly repaired storage tank from their industrial premises in Penrose in February 2021.
The spillage travelled down a stormwater drain and into an open channel leading to the harbour, Auckland Council said today in a media release.
More than 100 eels were also found dead in a nearby stream, while vegetation along the bank was also affected.
The company appeared in the Auckland District Court yesterday on charges of “discharging a contaminant onto land, leading to water” and "discharging a contaminant from an industrial or trade premises into air”.
Allnex were fined $112,000 after receiving a 30% discount for an early guilty plea and prior good character.
In fining the company, Judge Dwyer said he was prepared to give the company the benefit of the doubt that it had honestly relied on advice on the reparability of the tank.
However, he noted that the company had knowingly taken a risk in repairing the tank after prior advice provided to Allnex recommended the replacement of the tank.
He was also less sympathetic regarding Allnex’s lack of knowledge of a pipe connecting the containment bund to the stormwater network, saying it was incumbent on Allnex to ensure it understood where and how hazardous substances were stored. Judge Dwyer said an earlier discharge incident also should have alerted the company to the issue.
A clean-up of the inner reaches of the Manukau Harbour took several weeks, costing Allnex an estimated $400,000.
Auckland Council compliance response and investigations manager Kerri Fergusson called the case a "difficult and complicated investigation requiring expert review of technical data".
“We are happy with the outcome and hope this sends a strong message to those businesses who handle contaminants that may be harmful to our environment, to ensure their processes are sound to prevent anything like this happening in the future," she said.
Fergusson also acknowledged the "death and destruction of the freshwater wildlife and fauna", which she called "extremely sad to many involved, especially mana whenua and the community".
"This successful prosecution of those responsible should act as a deterrent to others."
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