Manawatu District Council slammed over Feilding wastewater non-compliance

Last updated 18:15, February 4 2016

The Manawatu District Council has been slammed for its history of non-compliance at the Feilding wastewater treatment plant.

"There hasn't been a good history," commissioner Jim Hodges said during an Environment Court hearing in Palmerston North on Thursday.

"How can we have any confidence that is going to change?"

In January, commissioners gave a 10-year consent to discharge wastewater to the Oroua River. This was appealed by the council and, with mediation unsuccessful, went to court.

The council appealed the decision because of the number and breadth of the conditions imposed on the consents. The issue is this week before the Environment Court in Palmerston North.

"We have a situation where there has been mixed success," Hodge said.

The ultraviolet plant and the alum plant had been successful, but the lagoon cover, biolac and an "expensive tertiary filter" were not.

Hodges questioned how, with a 40 per cent success rate, the court could be confident that the council would be able to beat the nitrogen limit.

"Based on performance to date there is a reasonable doubt in my mind that that will actually be achieved."

The council needed to make sure its options were feasible

He said it would be imprudent of the court to "let it go" without there being a proven way of going forward should an issue arise.

Hodges said it was a case with a number of complex and interrelated issues.

He said there would be the need for either a review or a new consent within 10 years.

Lindsay Daysh, a planning consultant for the Manawatu District Council, said the district council needed to realise it must comply with the consent conditions and there needed to comprehensive monitoring done by Horizons Regional Council.

There was also the need to "crystallise" a plan for a way to deal with the wastewater.

Hodges asked how the history should affect the consent.

"If there is a history of non-compliance, the consent authority or the court is entitled to have a certain degree of wariness," Daysh said.

He believed there was a realisation from MDC that the plan needed to work.

"I'd like to think the conditions of the consent are robust enough to give you some satisfaction that the council will do what it is saying."

But Hodges was not convinced.

"I can't help thinking – 16 years to get to where we are now, regular non-compliance – it is a bit of a big ask to just assume all will be well in the future."

Under questioning from commissioner John Mills, Daysh said total removal of wastewater from the river now was not possible.

"Is it potentially feasible into the future? Uncertain.

"But there are a range of measures to get as close as you can."

Mills asked if there was a will from the council to head in that direction.

"I think MDC have taken this very seriously ... the river runs through Feilding, it is a very important community resource," Daysh said.

Judge Brian Dwyer agreed with Hodges' comments on past performance.

"It seems to me that current inability to meet the policy is something that might weigh very heavily in our consideration of the appropriate term.

"It is pretty apparent that the scales weigh fairly heavily one way on this."

The hearing concluded on Thursday.

- Stuff

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