North Canterbury Company fined for burning tyres

A North Canterbury company has been fined $2500 after pleading guilty to a charge of causing air pollution by the illegal burning of rubber tyres. The case was heard in the Christchurch District Court earlier this year and occurred in June 2008.

Neil Kerr Limited admitted that company director, Mr Neil Kerr, directed an employee to burn the tyres at a pit located on its farm at Saltwater Creek in the Hurunui district. The defendant did not hold a resource consent authorising the discharge.

This action contravened sections 338(1)(a) and 15(1)(a) of the Resource Management Act 1991 and also breached Rule AQL 36 of Chapter 3 of the Proposed Canterbury Natural Resources Regional Plan and the National Environmental Standards for Air Quality.

While it was acknowledged that only a small amount of toxic substances were released into the air and the effects on the environment were minor, Judge Jane Borthwick said that the burning was a prohibited activity and therefore warranted a penalty.

The Judge did not accept the defendant’s case that they were unaware that the burning was illegal, adding that it was their responsibility to make enquires as to whether a permit was required.

Judge Borthwick gave the defendant credit for an early guilty plea, previous clean record, and payment of $830.05 investigation costs when determining a penalty. She imposed a fine of $2500 and court costs of $130.

Kim Drummond, Environment Canterbury director regulation, said that the prosecution demonstrated the regional council is working hard to improve air quality for Canterbury.

“The effects on the environment from burning substances like rubber tyres are not acceptable. Environment Canterbury is working closely with the region’s communities to achieve cleaner, healthier air through initiatives such as the Air Plan and Clean Heat Project, and the response has been positive. However this case shows that we are prepared to take action where contaminants are discharged into the air.”