Environment Court Decision Following ORC Application For Enforcement Order
Following an application for an Enforcement Order over the Shotover Wastewater Treatment Plant, the Environment Court released its decision yesterday.
The application for the Enforcement Order has been approved by the Environment Court.
ORC's Chief Executive Richard Saunders welcomed delivery of the decision and Enforcement Orders, ultimately to 'avoid, remedy and/or mitigate adverse environmental effects' caused by operation of the QLDC-owned Shotover Wastewater Treatment Plant.
'The decision paves the way to begin a plan of action so QLDC is able meet its consent obligations and achieve compliance against the Court's Orders,' he says.
On 23 January ORC sought an Enforcement Order from the Environment Court to address current compliance issues at QLDC's Shotover treatment plant, which followed the issuing of two abatement notices and 10 infringement notices. (*note below).
Environment Court mediation was the next step in deliberations and the Court released its decision yesterday.
Mr Saunders highlighted ORC had taken several steps since problems arose with the plant's operations, dating back to 2021.
'The decision and enforcement orders give a clear indication of what's required to operate, remedy and upgrade the wastewater plant, while maintaining transparency with ongoing monitoring of these processes,' Mr Saunders says.
The decision outlines 7 pages of seperate enforcement orders, in an Annexure, including upgrades, contingency measures, timeframes and milestones to be met.
The Enforment Orders cover off Operations and Management Manual, staff Training, Sampling and Monitoring, Repairs and Improvements to the wastewater plant, Upgrades to the plant and a new Disposal Field solution; the latter requiring a consent application be made for a new disposal system by May 2026, which must be implemented by December 2030.
The Environement Court decision also noted parties can apply for further Enforcement Orders, if required.
The Decision is now on ORC's website.
Mr Saunders noted that the ORC continues to closely monitor the Shotover treatment plant site and continues to undertake its regulatory role.
Information on the Shotover treatment plant is available on Council's website:
https://www.orc.govt.nz/consents-and-compliance/compliance/shotover-wastewater-treatment-plant/
Consent application for discharge
Mr Saunders highlighted yesterday's Environment Court's decision is separate to QLDC making an emergency/retrospective consent application for earlier works at the Shotover site.
In early-May QLDC made an emergency works application to the ORC, including QLDC having requested public notification; an option available to all applicants under the Resource Management Act 1991 (RMA).
The QLDC application is for retrospective consent for its emergency works at Shotover River wastewater treatment plant. The emergency works enacted by QLDC were to bypass the problematic (soak) disposal field and to discharge treated wastewater directly into the Shotover river.
ORC is still assessing the application and further updates including a date for notification will be provided on the ORC website
*Background
Two abatement notices are in place and 10 infringements have been issued since the start of 2024. Five of these infringement notices have been issued this year (2025) relating to issues that happened on site towards the end of 2024.
All the (5) new notices that have been issued, relate to the alleged discharge of contaminants (namely treated wastewater) to land on the Shotover Delta in circumstances which may result in contaminant (or any other contaminant entering water; namely groundwater), the Shotover River and/or Kawarau River.
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