A BATHURST construction company that pleaded guilty to polluting drains and gutters in Llanarth has been convicted and fined $8000.
Hynash Constructions was also ordered to pay Bathurst Regional Council $12,000 in professional costs when the matter was finalised on Tuesday.
Hynash pleaded guilty in Bathurst Local Court earlier this month to a charge of polluting drains and gutters, contrary to the Protection of the Environment Operations Act.
The matter was heard before magistrate Catherine Follent with James Taylor representing Hynash Constructions and prosecutor Paul Crennan acting for Bathurst Regional Council.
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The court previously heard the company had been issued with a penalty infringement notice last year over the incident but elected, without seeking legal advice, to have the matter heard before the court.
During earlier submissions the court heard the industry standard for managing urban stormwater could be found in what is known as the "Blue Book".
According to those standards, structures put in place to manage stormwater should be able to withstand the intensity of a one-in-10-year rainfall event.
On the day the structures failed, the rainfall equated to a one-in-two-year intensity.
In sentencing, Ms Follent said the penalty must recognise the need for specific deterrence, as well as sending a message to the community that consequences flow from committing such offences.
She found the offence fell just below the mid-point range of seriousness for similar offences of this nature.
Ms Follent said while the company had water control measures in place, "clearly they were inadequate" and "there was a foreseeable risk of harm".
She also found the actions of Hynash were careless rather than intentional.
Considering all factors she said "a non-conviction order was not appropriate".
Ms Follent convicted the company, fining them $8000 and ordering them to pay costs of $12,000.
The maximum penalty in the local court is $110,000.
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