A man who poured “volatile” chemicals into a gutter on a suburban Adelaide street has been fined for the act which left some nearby residents reporting “headaches, nausea and burning sensations in the nose and eyes”.
Robert James Wakefield, 42, of Glenside was observed emptying “relatively large drums” into a gutter which sloped towards a stormwater drain on Aragon Street at Fullarton, in Adelaide’s inner-south, in November 2022.
He was sentenced in the Environment, Resources and Development Court after pleading guilty at a previous hearing to one count of causing material environmental harm, contrary to the Environment Protection Act.
In sentencing, Judge Nicolas Alexandrides said Unley City Council spread kitty litter over part of the gutter where the liquid had run the next day and Environment Protection Authority [EPA] officers took samples.
He said testing found elevated levels of chemicals including “volatile hydrocarbons”, consistent with the presence of paint thinner or similar solvents, while a “strong odour” caused concerns for nearby residents and persisted for a number of days.
“One of the EPA officers experienced a mild headache from his interaction with the liquid,” Judge Alexandrides said.
“One resident became nauseous and felt like vomiting over several days.
“Another resident, who was pregnant, was affected and was concerned for her baby’s safety. Others, that is other neighbours, were annoyed by the fumes.”
Robert James Wakefield was sentenced in Adelaide’s Environment, Resources and Development Court. (ABC News: Che Chorley)
Judge Alexandrides said the exact amount of liquid poured into the gutter was unknown, but it extended over an area of about 100 metres and an expert analysis found “there must have been ‘a significant disposal of hydrocarbons in the stormwater system'”.
He said an expert found the concentrations of hydrocarbons in the samples were “extremely high”, with one sample having a concentration of 1,330,000 micrograms per litre, when concentrations in stormwater usually range between 20 micrograms per litre to approximately 100 micrograms per litre.
“The prosecution conceded that no harm was caused to the environment itself, but there was a potential harm to the environment,” Judge Alexandrides said.
“It was said that trees which drew water from the area could be affected by the chemicals and it had the potential, if it spread further, to smother aquatic life.”
He said that Wakefield had explained he was “not thinking clearly” at the time due to personal matters including the loss of his father.
“I accept that you regret your conduct, despite what I consider to be a lack of insight into the seriousness of your behaviour and your ongoing minimisation of real responsibility,” he said.
The man told the court he was “not thinking clearly” when he was emptying the drums into the gutter. File image. (ABC News)
Judge Alexandrides said Wakefield explained he had emptied the drums adjacent to a property owned by his late father because he had been told to clean out the property and “get rid of everything”.
He said Wakefield had also previously told the court the only full barrel emptied had contained disinfectant, and that “in relation to the other drums, or barrels, you poured out a certain amount until you realised it was not right”.
“You describe your conduct as ‘a stupid mistake’ and said there was no chance that you would do it again,” the judge said.
He fined Wakefield, who he noted was receiving Centrelink benefits, $13,500 and ordered he pay prosecution costs and a victims of crime levy, but waived court fees.