Nyrstar fined $35,000 for toxic acid spill into waterways near Port Pirie lead smelter
Nyrstar fined $35,000 for toxic acid spill into waterways near Port Pirie lead smelter
The owners of Port Pirie's lead smelter have been fined $35,000 for a series of failures that led to 700 litres of "toxic" sulphuric acid leaking from the plant into waterways and mangroves near the town.
Nyrstar caused material environmental harm by polluting the environment through toxic waste leakage between January 31 and February 2, 2019 — the extent of that harm could not be quantified.
The Environment, Resources and Development Court previously heard the company did not respond for about eight hours as it made "a wrong assumption" that the leak only contained weak acid.
Judge Paul Muscat said the case was not a "flagrant disregard" by Nyrstar and sat at the lower end of the scale.
"An incident of this general nature was not entirely unforeseeable and effective mechanisms to prevent it could — and should — have been implemented," he said.
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"The incident was not caused by a single error but a combination of small failures in processes and human error that led to environment harm.
"These systems and processes were clearly insufficiently designed and not implemented to the required standard.
"The harm in this case is to be limited to potential environmental harm that is not trivial."
The acid leak occurred when the systems the Nyrstar had in place to prevent a spillage "failed", with sulphuric acid corroding a wrongly installed valve on the very system designed to safeguard against leakage.
It led to "a slug" of acid filtering into the waterways.
The Environment Protection Authority previously — in seeking a penalty of up to $120,000 — told the court the leak increased the presence of heavy metals in the natural and manmade waterways that were toxic to aquatic life, but it could not be "conclusively proven" that the acid leak was responsible for killing fish, as there was an algal bloom present at the same time.
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A spokesperson for Nyrstar said quick action was taken after the spill to replace the affected valve.
"Nyrstar also made adjustments and upgrades to ancillary equipment to reduce the likelihood of further spills, and improved its monitoring and response processes to better manage potential spills," the spokesperson said.
"Nyrstar has fully cooperated from the outset with the EPA investigation and subsequent court proceedings.
"In addition, it undertook its own investigation and shared its data and findings with the EPA.
"Since the date of the spill, Nystar's new management has driven further significant environment- and safety-related upgrades at the Port Pirie site."
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Judge Muscat gave Nyrstar credit for addressing the inefficiencies in its systems.
The company has also been ordered to pay costs of $5,000.
Metals processor Nyrstar responsible for two chemical leaks into Port Pirie environment
Two chemical leaks from metals processor Nyrstar have made their way into Port Pirie's groundwater and a waterway over the past two years, an ABC investigation can reveal.
The Belgium-based company admitted a sulfuric acid leak occurred in January this year, following questions raised by the ABC over allegations that mass fish deaths had occurred in a breeding ground near the factory site.
"The incident occurred following the failure of a valve and ultimately resulted in a discharge into the water course," a statement from the company said.
"No persisting environmental impact was observed. Nyrstar has subsequently implemented new processes and alarms."
Documents from the state's Environmental Protection Agency (EPA), released under Freedom of Information, show sulfuric acid leaked from Nyrstar's factory into Port Pirie's First Creek on January 31.
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The EPA refused to release a summary of the incident, however February briefings to South Australia's Primary Industries Minister Tim Whetstone said "localised fish kills" had occurred in mangroves, with State Government investigators unable to assess the damage for at least five days after the spill.
Parliamentary briefing notes were prepared for ministers and media statements were prepared, but no public announcement was made.
Toxic leak occurred in 2017
The ABC can reveal another potentially more hazardous chemical leak occurred in 2017, where cadmium was detected in groundwater, with the EPA tracking it to a "potential source in a chemical storage area on site".
Cadmium is a highly-toxic metal that is produced during the smelting of other metals.
It triggered a Section 83 notification under the state's Environmental Protection Act, which means there was serious environmental harm caused or threatened to occur.
The EPA said following the detection of the leak, Nyrstar removed all chemicals from the area and "undertook remediation action".
However, it said the amount of cadmium leaked from the site was "unknown".
The EPA confirmed it did not release information to the public following the cadmium spill or the sulfuric acid spill as they were "ongoing investigations".
Drinking water for the town is sourced from a treatment plant, not from groundwater.
Local net fisherman David Wilkes, who reported the January sulfuric acid leak, said the smelter was important to the town, but called for greater transparency to ensure the environment was kept clean.
He said both leaks had been the subject of discussion in the community, but there had been no formal notification from the State Government or Nyrstar.
"The marine environment is important to us, as a community and myself personally because it affects my livelihood," he said.
"When these sorts of things happen, I think it's the responsibility of the smelter to let the public know exactly what's going on, what the consequences are and what remedies have been made to fix the situation."
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