Spill dumped 16 million litres of sewage into creek

Sydney Water has been fined $365,625 for seepage of 16 million litres of raw sewage into Flat Rock Creek in 2020, and will pay local councils half a million dollars in reparation.

The pollution event occurred over seven days in October, 2020 and caused the evacuation of 39 residents in Naremburn and the closure of the popular walking area for weeks. The spill, caused by the partial collapse of a sewer built in 1916, also polluted the foreshore of Long Bay, Middle Harbour.

The state-owned company, which owns Northern Suburbs Sewage Treatment System, pleaded guilty in the Land and Environment Court in early July to three counts of pollution at Flat Rock Creek. The first was sewage seepage from a maintenance hole at Dawson Reserve in Naremburn. The second and third offences were for sewage discharge from emergency relief structures near Gaza Road and at Garland Road in Naremburn.

Judge Sarah Pritchard said that in relation to the first offence, Sydney Water could have undertaken “preventative practical measures” to minimise harm, such as investigations and maintenance. Judge Pritchard gave Sydney Water a fine discount, as the three offences occurred from the same incident, with each having a $1 million threshold.

Sydney Water head of wastewater and environment Ian Fairbairn said in an affidavit to the court that the company had taken ‘all reasonable and feasible actions to minimise harm to the environment and protect public health’ following the incidents.

Willoughby Mayor Tanya Taylor said it was ‘excellent’ that Sydney Water has been fined. Council will use its share of the $500,000 – divided with North Sydney Council and the Aboriginal Heritage Office – on environmental projects such as filtration and mitigation devices to treat water before it enters catchments.

Keeping the creek clean was a ‘constant battle,’ Mayor Taylor said, with runoff from surrounding developments also causing issues.

“We’re really keen to work with Sydney Water to provide some better solutions and hopefully not let it happen again,” Mayor Taylor said.