Borg was also ordered to pay the Environment Protection Authority’s investigation costs of $27,780.12 – incurred in testing  and analysis of water samples – and professional costs of $45,000.

The company was convicted after breaching Section 120 of the Protection of the Environment Operations Act 1997, which prohibits the pollution of waters.

The matter was heard before Justice Pain.

The incident occurred on August 15, 2014, when a hose leaked waste materials from the wood manufacturing facility into a stormwater drain.

The hose, connected to a submersible pump in a sludge dam at Borg Panels, was placed down an embankment.

It discharged effluent from the sludge dam into a drainage channel, a tributary of Kings Stockyard Creek.

As a result, 2.8 kilometres of receiving waters were polluted by the effluent, which contained formaldehyde, nitrogen, ammonia and other matter, causing chemical oxygen demand at levels which were harmful to the environment.

The Land and Environment Court found the harm caused by the offence consisted of “shortterm degradation” of the water  quality as well as likely harm to aquatic life, limited to no more than six days.

The court heard the incident occurred due to the actions of a “careless employee” who uncoupled the hose after it became blocked but then forgot to reattach it before finishing his shift.

Subsequently, for an eight-hour period, an unknown quantity of pollutant from the sludge dam was discharged from the hose through the channel, the tributary of Kings Stockyard Creek, and Kings Stockyard Creek itself.

The court heard that Borg co-operated with the EPA during the course of its investigation, pleaded guilty to the charge and expressed remorse for its actions.

Since the incident, the court also heard that Borg had taken measures in an effort to ensure that a similar incident did not occur in the future.

Justice Pain considered a penalty of $90,000 was appropriate, which she reduced by 35 per cent in light of the subjective circumstances including an early plea of guilt.

Borg was prosecuted by the EPA and fined a total of $58,500.

Borg was also ordered to pay the EPA’s legal costs and investigation costs.