The City of Coffs Harbour has been fined a total of $20,000 over its management of its waste facility, which resulted in a strong odour across the city's south over a 15-month period.
The NSW Environment Protection Authority (EPA) brought two charges related to breaches of the council's environment protection licence of its Englands Road waste facility between August 2020 and November 2021.
The EPA accused the council of not maintaining part of the landfill gas collection system in five wells and their associated flow lines.
In delivering the sentence in Coffs Harbour Local Court, Magistrate Stephen Olischlager noted submissions from prosecutor Matthew McAuliffe that the council obtained knowledge of an issue with the system from a report in 2020.
"It's quite clear council was aware of its obligations under the licence to undertake remedial work," Magistrate Olischlager said.
"It received a report that remedial work was necessary."
Residents complained to the EPA about the smell coming from the tip at the time, which was caused by a blocked gas flow line.
The gas wells are part of a landfill gas collection system, designed to recover landfill gas, mostly comprised of methane.
The prosecution argued the council took a conscious decision to not make repairs after receiving the report from private company Run Energy.
"Nothing was done, it was a decision not to do anything," Mr McAuliffe said.
'Best bang for buck'
In his submission, Mr McAuliffe referred to interviews conducted as part of the EPA investigation.
He read to the court part of an interview transcript in which a corporate representative of the council told the EPA that the City of Coffs Harbour's decision to delay the works was "about getting the best bang for buck for the ratepayer".
"There was a very clear, intentional decision not to fulfil the works," Mr McAuliffe said.
Defence lawyer Ryan Coffey argued the council did not take a deliberate decision to breach its licence and intended to fix the issue in future.
"We didn't intend to commit the offence for reasons to turn our thumb up at our licence," Mr Coffey said.
He argued there was an intention to delay remedial works, rather than to commit an offence.
Magistrate Olischlager determined intent was established but not to purposely breach the licence.
"I do accept this was not an instance of blatant disregard," he said.
"Contractual disputes perhaps led the mind of council from its true priorities."
Magistrate Olischlager said he was not satisfied the seriousness of the offences was heightened by or motived by financial gain.
"Council was simply delaying a cost it was going to incur."
He noted the council had taken "significant steps" to improve its response to waste management issues, such as increased staff training.
A 25 per cent discount to the fine was applied and the City of Coffs Harbour will pay $40,000 of the EPA's legal fees.
In a statement, the City of Coffs Harbour said it accepts the outcome for the two offences, and that the cause has since been rectified.
