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A Tasmanian composting company and its owner have been fined a combined $45,000 and ordered to pay compensation after causing a pollution event in a river that killed more than 100,000 fish.
Jenkins Hire and its owner, Tim Jenkins, pleaded guilty in the Hobart Magistrates Court last week to offences including causing material environmental harm.
Jenkins Hire in the Derwent Valley was making compost using waste from the Norske Skog paper mill at Boyer, mixing it with treated sewage sludge from Taswater, and salmon farming waste.
In September 2020, hazardous waste spilled from a makeshift dam on the land at Plenty, and entered the Plenty River, causing adverse water quality and the deaths of more than 100,000 trout at a nearby salmon ponds hatchery.
The spill came seven months after another uncontrolled waste spill from a makeshift dam, causing odour issues for neighbours.
The Environmental Protection Authority (EPA) regulates the site over concerns "it hasn't been properly managed in the past", according to its director Wes Ford, and brought the charges after an investigation.
Mr Jenkins was fined $20,000, while the company was fined $25,000 and ordered to pay the Inland Fisheries Service $14,711 in compensation.
Mr Ford told ABC Radio Hobart that he was satisfied with the fine imposed by the court, and the incident was "entirely preventable".
EPA continues to monitor site after further complaints
Since the 2020 spill, the EPA issued at least two more environmental protection notices to Jenkins Hire.
The first followed more than 19 odour complaints in early 2022 — some from more than 1.5 kilometres away.
An EPA inspection found a stockpile of liquid controlled waste and biomass that were "not correctly windrowed".
Another notice was issued in April 2023 noting it was "desirable" to stop land spreading organic waste on areas that slope towards the Plenty River.
The ABC visited the area last year and noted a Taswater sewage truck visit and the driver retrieve a key hidden under a rock to let themselves in.
Mr Ford said the composting facility was operating "in accordance with the requirements", and Mr Jenkins' farm is still accepting waste from Norske Skog.
"We're continuing to monitor this site and at this point in time we are reasonably satisfied that he's operating as he is required to," he said.
"Inevitably when you are land spreading material that creates odour, odour will leave that property.
"That is always going to be a challenge wherever any organic material is spread to land regardless of the source of that organic material."
The EPA said there had been no contraventions of the most recent environmental protection notice, and "minor issues" had been rectified with Mr Jenkins.
In the past six months, the EPA has continued to receive complaints about odour, concerns about the way in which Norske Skog biomass has been landspreaded and truck movements.
Mr Jenkins said the waste storage practices had changed since the 2020 event.
"The only waste that goes to this site is biomass from Norske Skog, so there are no other wastes on the farm," he said.
"No biomass is applied in the Plenty catchment."
Mayor wants alternative waste solutions
Derwent Valley Council originally granted the permit about 15 years ago, but the EPA has since taken over compliance.
Derwent Valley mayor Michelle Dracoulis said she believed it was time to explore alternative waste treatment options.
"I've been approached by many concerned Derwent Valley residents about the operation," she said.
"I would like a longer term solution to what we do with that waste, because that is not an optimal way to manage the waste.
"The risks attached to it are high enough."
President of the Upper Plenty Action Group, Fiona Beer, said they welcomed the guilty plea, but had ongoing concerns.
"Is this a proportionally small fine which is simply incorporated into business costs?" she said.
The Tasmanian government is planning to build two new composting facilities for organic material — one next to the Norske Skog site.
Mr Jenkins said the application of biomass to land is a "very appropriate long-term solution" for the waste.
"Increasing soil organic matter is undeniably beneficial," he said.