Related: Sewage spills into North Bendigo
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
A MAGISTRATE has ordered Coliban Water to make a $75,000 donation to Long Gully environmental projects as punishment for a sewage spill in 2013.
Up to one million litres of raw sewage spilled into Long Gully Creek from two manholes on July 31, 2013, causing dangerous e-coli levels in the creek.
The water authority was sentenced in the Bendigo Magistrates’ Court on Wednesday to one count of causing or permitting an environmental hazard, charges brought by the Environment Protection Authority.
The court heard tree roots in the sewer main was the cause of the sewage discharge, which occurred near the intersection of Holdsworth and Prouses roads in North Bendigo.
The sewage could have posed a danger to humans via primary and secondary contact with heightened e-coli levels, but no impacts were reported, the court heard.
The EPA Victoria prosecutor said the spillage had affected tadpoles in the Long Gully Creek.
The spill took two weeks to clean up, returning the e-coli to safe levels on August 13.
The prosecutor described the spill as “significant”.
“It’s not correct to say residents were entirely unaffected, there were a number of houses and public land nearby,” she said.
“The offending was not malicious or intentional, but there certainly was responsibility.”
Since the incident, Coliban Water has spent $6.3 million on its sewer infrastructure. The water authority manages more than 1800 kilometres of sewer.
Acting for Coliban Water, Stefan Fiedler said the section of sewer had since received maintenance.
He said Coliban had fenced off the area as soon as possible, and took all measures to minimise risk to the public.
“No culpability is alleged against Coliban Water in relation to the cause of the incident or the subsequent emergency response and clean up,” Mr Fiedler said.
“The imposition of a sanction and order for costs will divert revenue away from the delivery of essential services and other important community programs and initiatives.
“In the absence of any alleged culpability, a conviction is not warranted in the circumstances.”
Magistrate Peter Mithen said Coliban Water was a “good corporate citizen” and there was no allegation of intent in the offending.
He also described the spill as “significant”.
“We have heard of the potential risk and potential danger to human health, it was significant, and the risk to aquatic life was also significant,” he said.
“Coliban clearly showed a proactive approach by quickly having the spill contained, and mitigated as soon as possible.”
Coliban Water avoided conviction, and was ordered to make a $75,000 donation to environmental projects in the Long Gully area, to be allocated by the North Central Catchment Management Authority.
They must also publish details of the offence as advertisements in two metropolitan newspapers, and the Bendigo Advertiser.
Coliban was also ordered to pay $18,782 in court costs to the Environmental Protection Authority.