Dust discharging from the Herd Properties Limited site. Photo/Supplied
Dust discharging from the Herd Properties Limited site. Photo/Supplied
"Dust storms" blew over a state highway and into homes and gardens at one of New Plymouth city's most upmarket housing subdivisions, resulting in a $48,750 fine for the property developers responsible.
Environment Court Judge Melinda Dickey ordered Taranaki company Herd Properties Ltd to stump up the money after clouds of dust continued to blow from its undeveloped 6.5-hectare site near the Bell Block bypass on State Highway 3.
Most of the discharge wafted into The Link's subdivision, one of the most expensive residential areas in the district, covering cars, laundry, a swimming pool and the inside and outside of homes.
In the court's recently released decision, homeowners spoke of spending hours cleaning up the mess.
One said they had to wash dust from their eyes, and another said they had inhaled it.
"I was breathing in dust … it was like being in a dust storm with almost constant great clouds of dust coming off the site."
Herd Properties previously admitted two Resource Management Act charges filed by the Taranaki Regional Council (TRC).
The first charge related to discharging dust in contravention of the Regional Air Quality Plan and the second regarded a breach of a December 2019 abatement notice.
Herd Properties bought the Devon Rd, SH3, site in August 2016 and earthworks commenced in 2018 with plans to develop an industrial/commercial subdivision.
The dust can be seen blowing over homes in the subdivision, The Links. Photo/Supplied
Following a complaint in October 2019 a TRC officer attended and found that "significant volumes" of dust were discharging beyond the boundary and silt was making its way into the stormwater system, the decision said.
The following couple of months saw a number of complaints, site inspections, and the imposition of abatement notices and infringements on the company.
On December 23, 2019, in response to multiple complaints, a council officer again attended the site
"She found that inadequate dust suppression measures were being used and objectionable dust was found to have discharged beyond the site boundary," the judgment said.
TRC recommended the company get expert advice on dust control.
It did, and, on December 24 and 25, polymer was applied to the site to suppress the dust.
Multiple complaints were made to the Taranaki Regional Council about the dust discharge from the Herd Properties site. Photo/Supplied
But the problem remained and, again, abatement notices and infringements followed.
Then, on March 17, 2020, the council received 19 dust complaints and police were also notified due to the reduced visibility for motorists on the highway.
A council officer attended and found large plumes of dust blowing across the highway and over The Links.
This went on for nearly eight hours, and it took two water trucks to settle the issue.
Herd Properties accepted that dust escaped from the site despite its best endeavours, the judgment said.
Defence lawyer Susan Hughes, QC said the company made significant efforts in the time leading up to the March 17, 2020, offending to address the issues at the site.
It had spent more than $150,000 in applying metal to try to contain the dust and had also endeavoured to use water as a suppressant, but unsuccessfully so, she said.
TRC lawyer Karenza de Silva said there was a high degree of culpability regarding the offending and a history of non-compliance.
She said the company should have sought expert advice when the earthworks began.
