Different rules for councils and farms

Federated Farmers Otago Dairy Chair Stephen Crawford writes on different environmental standards for councils and farms:

As a farmer I have been increasingly concerned by the lack of consistency between council treatment of urban and rural users when it comes to the actions taken under the Resource Management Act (RMA).

We have all seen farmers prosecuted in the Environment Court for breaches under the RMA, for matters such as effluent discharges that “may enter water”.

These are the critical few words found in the RMA that most prosecutions are based on (“…and may enter water”). What that means is that the contaminant didn’t necessarily enter water or cause pollution, it just “may” have been able to enter water – and that’s a big difference. . .

Is there any other area where the potential to do something wrong is treated as if you have actually done something wrong?

If you were in a pub with car keys in your pocket you may drive when you shouldn’t but you may also walk, call a taxi, get someone else to drive or find another way home but you would not be charged because you may drive.

Of course it’s not always that simple. In some cases, contaminants from farms do in fact enter water. That cannot be condoned and depending on the circumstances, the Environment Court may be the appropriate course of action.

Last spring, the Otago Regional Council (ORC) boss Peter Bodeker went to media, stating that recent dairy inspections in Otago were not good enough and that an unacceptable number of breaches had been found.

If you watched 7 Sharp on Tuesday night, you will see some of our most popular swimming beaches in are unsafe to swim in due to the overflow sewage systems that some city councils’ use, there is no “may” about it.  So let’s compare these on-farm breaches of the RMA to those in the urban sector.

Last November, media reported that in Cromwell 3,500 litres of untreated waste had entered Lake Dunstan. In response, the ORC determined that no action was required.

Over recent months and years, Queenstown Lakes District Council has had numerous untreated spills into the lake, and not a single prosecution has eventuated to date.

Apart from the fact that a major tourist destination’s image is being tarnished by the site of untreated sewage flowing on streets and into the lake, that waste is entering water and is simply bad for the environment.

If Queenstown was a farm, there would be a huge public outcry for it to be shut down until major improvements could bring it up to appropriate standards.

Other towns around the country actually have consent to pollute on a daily basis.

Milton is just one example.  It has been issued consent by the ORC to intermittently discharge 9,150 cubic meters per day of untreated wastewater mixed with storm water to the Tokomairiro River.

This discharge permit expires on December 31, 2017. But don’t worry; part of the consent approval includes a diagram for a sign to be erected, saying “Danger. Keep Out. No Swimming”.

Other New Zealand towns also have consent to discharge untreated or partially treated waste to land “in a manner that may enter water”. Interesting that those towns have these discharge consents approved by councils, when this is the same standard for which farmers are being prosecuted.

For many coastal towns the solution is simple, just put waste out to sea in a longer and ever extending pipeline. Well at least it doesn’t get to freshwater that way, although as we’ve seen recently, the impact on many of our beaches is not something to be proud of.

It is one rule for council discharges, and a completely different rule for farmers and I’m convinced the environment doesn’t notice the difference.

To people living in urban New Zealand, you have been “sold” a story comprising limited science based on a successful and catchy slogan, “dirty dairy”. And from that was born the misconception that most pollution is from farms.

Regional councils around the country continue to turn a blind eye to blatant urban pollution, both within discharge consent parameters and through unconsented spills into our lakes and rivers.

Farmers don’t expect any special treatment. We have a huge responsibility in looking after our environment. But nor do we expect to be targeted and singled out by regional councils.

All we ask is that in the interests of our environment, we have a more level playing field.  Currently what we have is anything but.

Farmers live near to, swim in and drink from the waterways which border their farms giving them a very personal interest in ensuring they are clean.

We’re not asking for special treatment we are asking for fairness.

Discharges which may enter a waterway should not be regarded in a similar way to pollution which does enter a waterway and councils shouldn’t get special treatment when others appear to be treated with far less leniency.