Fine for illegal burning

A Christchurch man has been fined a total of $1750 and ordered to pay investigation costs of $800 after pleading guilty to burning plastic and metal waste in June 2009. The fine was imposed for the discharge of contaminants to air caused by the burning of the plastics and metals, and for the breach of an abatement notice directing no further burning of those materials. The abatement notice was issued by Environment Canterbury for a similar offence earlier that year. The case was heard in the Christchurch District Court on June 10, 2010.

Michael Bennie Leroy operated a waste disposal business from a property he was renting at 105 Tosswill Road in Prebbleton. On June 5, 2009, he was found to be burning rubbish on the property that included general rubbish, tins, plastic bottles, plastic food containers, wrapping and milk cartons. There had been complaints from neighbours about the fire and upon inspection by Environment Canterbury officers, Mr Leroy extinguished the fire.

At his sentencing on June 10, Mr Leroy pleaded guilty to this offence and admitted that he had breached an abatement notice which he was issued earlier in the year requiring him to cease discharging contaminants to air from trade or industrial premises.

Judge Jackson noted that the fire lasted more than twelve hours and that Mr Leroy had initially been uncooperative with Environment Canterbury officers during their investigation. The Judge took into consideration that Mr Leroy had been bankrupted in April that year and gave consideration as to what amount he could pay in fines. Mr Leroy was fined $1000 for the first offence and $750 for the second. He was also to pay $800 towards Environment Canterbury’s investigation costs, court costs of $130 and solicitors’ costs of $133. Ninety percent of the fines are paid to the regional council.

Environment Canterbury director regulation Kim Drummond said Mr Leroy’s actions showed a complete disregard for any environmental impact, especially as he was prepared to disregard the abatement notice.

“Although Mr Leroy operated a waste disposal business, he was not prepared to dispose of the rubbish he collected in the correct manner and burned the materials to avoid paying the costs of using a refuse centre. His attempts to save money by not using an authorised waste disposal facility led to him being prosecuted and fined”.

“Mr Leroy’s actions had consequences not only for himself but also for his landlord who was left with the responsibility and cost of cleaning up the property. We encourage property owners to monitor their tenant’s activities or they too could be dealing with a similar situation.”