Nevarc and DML construction companies plead guilty to causing an ‘environmental nuisance’

Two construction businesses polluted an Adelaide Hills creek and flooded five properties which required immediate help from the SES, court documents reveal.

Two construction businesses polluted an Adelaide Hills creek and flooded five properties which required immediate help from the SES, court documents reveal.

Nevarc Constructions and DML Constructions have pleaded guilty to causing an environmental nuisance by polluting the environment around Nairne.

Nevarc Constructions, trading as Oakford Homes, has pleaded guilty to causing an environmental nuisance by polluting the environment around Nairne. Picture: Lydia Kellner

In court documents lodged with the Environment, Resources and Development Court, Nevarc was the occupier of sloping land in the vicinity of Webber Driver and Megan Circuit and contracted DML to clear the land and complete earthworks from January, 2018 onwards.

However, surface water mixed with mud and silt on the land allegedly escaped and entered three properties on or about April 14, 2018, documents reveal.

Then, in June 14 of that year, five properties were affected, including two for the second time.

“The escape of the … surface water mixed with mud and silt constituted pollution of the environment,” documents state.

At a hearing late last month, the court heard before the June 14 incident, “heavy rain” had fallen in the area.

For the EPA, Michael Manetta recounted the impacted residents’ statements to the court, with one “flooded” and its side fence “pushed away”.

Mr Manetta said it was “very, very intrusive and invasive to have your personal possessions destroyed”.

“Pot plants, garden items, we took an entire ute load of rubbish to the dump,” he relayed to the court.

“And it was overwhelming and impossible to clean … in and out of the house.”

Mr Manetta also said a children’s sand pit, on June 15, was “quite a sight”.

A Nairne creek was left in an “absolute mess”, a court has heard. Picture: Lydia Kellner

“I ask the court to take into account what’s exactly happened to people in their lives,” he said.

“It’s not toxic waste that’s been spilt but it’s very very disruptive and damaging.

“All that has to be cleaned up by people who own their homes.

“If this had happened to me I’d be absolutely dismayed and furious, really angry at what has happened because of the way this development has been conducted by a major firm.”

Another resident said “dirty muddy water” flowed through their property and it would create “mould issues” in the future.

“Never experience any like (sic) this in 23 years,” Mr Manetta relayed to the court.

Mr Manetta told the court the local creek had become an “absolute mess” while another resident said they had silt through their garage and was “affected emotionally”.

“They had been walk through the water and silt to get to their car – this is days after the event,” he said.

A creek by the building site was damage following a downpour on June 14, 2018. Picture: Lydia Kellner

He also had “silt staining” to his patio, garage and pool area with a “dirty brown colour” while another resident had to call the SES for help, who sandbagged the “flooded” property

Another resident said her rear lawn was “ruined” and her shed inundated.

The EPA also alleged Nevarc breached an environmental protection order relating to soil management.

It was instructed to remove any soil currently stockpiled at the site that was not included for use at the site, and cover or stabilise all exposed soil and soil stockpiles.

Mr Mannett said there were stockpiles of dirt at the site and as a result “water (was) running straight off the dirt and into people’s homes”.

For Nevarc, Mr Roder said his client had been distressed by the damage caused.

“The impacts were understood right from the start, it kept him awake at night and for a long time,” Mr Roder said.

The matter returns to court later this month.