Port Waratah Coal Services has been fined $15,000 for allowing coal to spill into the harbour during ship loading activities.
A NSW Environment Protection Authority investigation found the company breached a condition of its Environment Protection Licence when 10.9 kilograms of coal material spilled into the Hunter River from a wharf conveyor belt at the Carrington coal terminal in June 2023.
The spill was discovered five hours later during a routine inspection. Key pollution controls were found not to be in the appropriate position following repairs to the conveyor belt.
EPA executive director of regulatory operations Jason Gordon said PWCS had a poor regulatory record and should have had better measures in place to prevent and detect the incident.
"Coal handling facilities have a responsibility to ensure any ship-loading duties do not impact the surrounding environment," he said.
"This potentially damaging coal material entered the Hunter River without anyone noticing for several hours.
"The Hunter River is known by local Aboriginal people as Coquun, meaning 'fresh water' and is the lifeblood of the region."
He said the EPA was committed to taking decisive action on pollution incidents that threaten waterways.
"While there were no obvious impacts, coal material can pose a risk to the environment and the potential consequences on marine life are concerning," he said.
"Given the 24-hour operation of this coal terminal and its proximity to the water, it's crucial for PWCS to have better systems in place to prevent recurrences in the future."
A PWCS spokesman said the company apologised and acknowledged the incident wasunacceptable.
"During an operational inspection, a thin layer of coal dust was discovered on the wharf surface adjacent to the conveyor take up point on the Carrington Terminal Wharf," he said.
"Due to the proximity to the wharf edge, it is likely some material may have also entered the harbour. The maximum quantity of coal that may have also entered the harbour has been calculated as approximately 10.9kg."
He said PWCS was committed to improving its performance through investing in our people, systems and equipment. In response to the incident, Port Waratah has changed the conveyor belt, implemented improved dust controls on the conveyor belt and reengaged with our employees on expectations of environmental performance.
EPA's Environment Line on 131 555.