R.A.T.S

Residents Against Tuakau Smells(RATS) action community group was formed by a group of concerned residents of Tuakau, North Waikato(Franklin), New Zealand due to the community being fed up with the denials, excuses and neighbour blaming of ODOURS/DUST/POLLUTION from ENVIROFERT composting and clean?fill facility on River Road/Geraghtys Road and TUAKAU PROTEINS (Waikato By-Products) rendering plant on Lapwood Road.
This Blog is a way of getting information out to the residents that for many reasons do not want to complain or be named!

ENVIROFERT:
Environment Waikato & Franklin District Councils issued resource consents for a clean?fill operation in March 1999, after a joint hearing. Envirofert is owned & operated by GARY PETER MCGUIRE, TUAKAU Director & Shareholder & ANDREW HENRY BAYLY, KARAKA, (NOW MP FOR HUNUA)Director & Shareholder. Under their ownership, Envirofert has had numerous non-compliances, abatement notices, infringement notices, letters of direction and letters of warning!
2013-14 Gary McGuire leaves to train as a St Johns First Response Officer. Tuakau has been left with years of mistakes. Envirofert not built to approved application plan, bund built in wrong location, planned drain not built, now flooding neighbours land, numerous non compliances of consent conditions, unlawful dumping of waste, unlawful discharges to waterways and Waikato River.
2015 McGuire has been sacked from St Johns for disciplinary procedures.
2015 McGuire family are back!

2014 ANDREW HENRY BAYLY,KARAKA (now Member of Parliament for Hunua) Director & Shareholder, off to spend taxpayers money in Wellington while leaving Tuakau to live with the legacy of his many mistakes. Proven non-compliance's of resource consents, environmental contamination, proven illegal dumping in clean?fill, proven illegal discharges to waterways, flooding the neighbours property due to not building a drain in 1999 for clean?fill bund runoff, wrong location of clean?fill bund being over neighbours's boundary by metres and not working to consent conditions. Bayly's still connected to Envirofert.

August 2013, PETER DE LUCA, Director ( owner of Tompkin Wake Lawyers-Legal Representatives of Waikato Regional & District Councils) HAMILTON
May 2019, JOHN WILLIAM COOK, Director (also a director of DMS Progrowers with Peter De Luca(chairman), owns a Te Puke kiwifruit orchard)TE PUKE

SHAREHOLDERS: Clawton Investments Ltd> 30% Paul Daniel Bayly, Michael Walter Bayly.
M W Crawford Trustee Company Ltd> 30% Michael Wayne Crawford-Hamilton.
Gary Peter McGuire> 40%- Tuakau

1998 Land farming green waste was started.
1999 Envirofert started a Cleanfill operation. Gary McGuire (Tuakau local) /Andrew Bayly(Member of Parliament for Hunua)/Paul Bayly(brother of Andrew Bayly) owners and shareholders.
2001 WRC Consent was granted for a Vermiculture & Green waste composting operation.
2002 Overall Site Compliance: Partial Level of Compliance.
2003 Overall Site Compliance: High Level of Compliance.
2005 Overall Site Compliance: Partial Level of Compliance.
2006 Complaints made by neighbours of drain contamination, product blowing onto neighbours land and height of clean?fill.
2008 Envirofert did a one windrow trial for food waste.
2009 Council granted a S127, (change to consent conditions) to take food waste. The reports was done by Tonkin+Taylor, Barker&Associates, and Air and Environmental Sciences Ltd. This change was granted by Waikato Regional Council on a non-notifying basis (community were not informed). Envirofert's neighbours (Waikato By- Products Ltd rendering plant)were doing upgrades and community were advised not to complain about odours while the upgrades were being done. WRC said 'timing was unfortunate' or was it?? McGuire was at the meeting that discussed the upgrades. Not seen at meeting for years.
2010 Envirofert was taken to Environment Court by neighbour with an Enforcement Order. Mediation and nothing achieved, lawyers involved!
2011 Envirofert went into partnership with Fonterra to do food destruction. Food that was past its sell by date, recipes gone wrong, food not fit for human consumption.
2011 Robert Lind now CEO
2012 Waikato District Council grant Envirofert consent for more daily truck movements
2012 Robert Lind leaves
2012 Mike Lord is now CEO. Overall Site Compliance:Significant Non-Compliance
2013 Waikato Regional Council issue Envirofert 2 abatement notices for odours
2013 Envirofert start using O2 Compost system. Overall Site Compliance:Partial Level of Compliance
2013 Gary McGuire departs??still 40% shareholder
2014 Neighbour of clean?fill had a boundary survey done for fencing. Envirofert has built the bund in wrong location. Bund is 3-5 metres over boundary. Original plan had bund built 10 metres from boundary with a drain on Envirofert's land to drain bund runoff. No drain was built and bund in wrong location
2014 Councils admit that Enviroferts bund & drain has not been built to plan. UNDER INVESTIGATION. Overall Site Compliance: High Level of Compliance.
2014 Andrew Bayly enters parliament as MP for Hunua
2015 Waikato District and Regional Council legal counsel investigating Envirofert clean?fill bund not built to 1999 approved and signed off plan.
2015 WDC & WRC admit Envirofert bund location & drain diversion not built to plan, both state 'we are not taking any further action on this matter'.
2016 Mike Lord CEO leaves to work at EnviroNZ (Envirowaste) Overall Site Compliance: Significant non-compliance.
2017 Ryan Marra CEO arrives. Overall Site Compliance: Significant Non-Compliance.
2017 Envirofert start community liaison meetings after 18 years of operating. Marra(CEO) presents plans for a new receiving shed, new composting operation, new concrete pad with leachate drains.
2017 On going issues with odour and leachate from unlawful burying of plasterboard admitted finally by Envirofert who have denied this for years.
2017 Envirofert investigated for unlawful waste on clean?fill, elevated levels of faecal coliforms, one of the many unlawful wastes Envirofert has taken over many years
2017 Envirofert investigated for unlawfully taking 'filter sludge' material from Watercare that contained high levels of elements and not covered within consent conditions and council guidelines. Richard Duirs report with many non-compliances
2017 Paul Daniel Bayly appointed director (Andrew Bayly's twin brother)
2018 Ryan Marra CEO leaves
2018 Garrick Ashford new project manager leaves
2018 Elenka Nikoloff sales and technical advisor leaves
2018 Kim Willoughby director leaves
2018 Paul Bayly ceases director, still shareholder
2018 Alan Copsey general manager employed('friend of Gary McGuire')
2018 Paul McGuire technical advisor employed (brother of Gary McGuire, McGuire family are back)
2019 20 year resource consents, 1999-2019 expire.
2019 Envirofert apply to councils for new, changed and replaced resource consents. 20-35 year consents.
2019 Envirofert apply for $1.5+ million funding.
2019 20-35 years of unlawful dumping, odours, contamination of waterways, lack of council monitoring and cover ups by councils and reports!
2019 Gary John Hook director leaves. Peter De Luca is the only director.
2019 John William Cook, newly appointed director with Peter De Luca.
2019 Envirofert failed to work to RMA and Abatement notice EAC5577, this has been ongoing for 20 years, Envirofert refuse to work to council rules and consent conditions.
2019 Clawton Investments (Paul & Michael Bayly) purchased 74 Geraghtys Road property off Envirofert. Brothers of Andrew Bayly, MP for Port Waikato and former owner/operator of Envirofert
2019 Rumour in Tuakau, Gary McGuire has gone, hope he has taken Envirofert with him! Who do you think he has sold to?
2019 McGuire now doing demolition! Hope the waste is disposed of legally not like the last place he owned and operated with many unlawful dumping of waste?
2020 Paul Daniel Bayly appointed director AGAIN, dated 12/05/2020

ENVIROFERT & COUNCILS state they are 'fully consented' with council cover ups, BUT ENVIROFERT have many years of non-compliances of Consent Conditions that are stated in council audits.

TUAKAU PROTEINS LTD AND ENVIROFERT COMPOSTING ARE NEIGHBOURS.
A DOUBLE WHAMMY FOR TUAKAU or should it be POOAKAU!
TUAKAU PROTEINS /was Graeme Lowe Waikato/ Waikato By- Products/Lowe Corporation rendering plant on Lapwood Road, Tuakau is the neighbour of Envirofert. They also have 40+ years of on-going odour and noise issues. Rendering stinks, cooking smells, fan noise, dust pollution, smelly uncovered trucks and spillage, soon to do gelatine (so we are told)another odorous operation.

Many residents are now complaining about gas/sulphur/tip/waste odours in Bollard Road from Smart Environmental in Industry Lane and the Biodiesel Plant (originally from Carr Street)plant by the gas station.

Phone in odour complaints to Waikato Regional Council...0800 800 401...24 hours....7 days.

Tuakau Proteins Ltd details
Stephen Dahlenburg-General Manager-0274537365 or Curtis Webber-0277064400 day or night or text, he will ring back or will he?
Ring Tuakau Proteins complaint line-0800 555 003
for odours, noise, truck movements/spillage.

Waikato District Health Officer 0800 492 452

ENVIROFERT details-09 910 0050-General Enquires-email-office@envirofert.co.nz-fax-092368484
Waste Disposal/Recycling- PAUL YEARBURY- Site manager & Tuakau resident- 027 496 1051-email- pauly@envirofert.co.nz
ALAN COPSEY- General Manager-Envirofert - email-alanc@envirofert.co.nz
Email complaints & keep a copy of email for your own records. They do mysteriously go missing or mislaid? by envirofert and councils.

Email your North Waikato Mayor & councillors.
The Mayor-Allan Sanson-mayor@waidc.govt.nz
Local Councillors-Jacqui Church & Stephanie Henderson-
jacqui.church@waidc.govt.nz
stephanie.henderson@waidc.govt.nz



Wednesday 18 November 2015

Tuakau Structure Plan

                         Tuakau Structure Plan

   or should this be Tuakau Destruction Plan or POOAKAU potential odour zones?

 Report by Tonkin+Taylor for Waikato District Council 2015

Assessment of Air Quality Effects and Separation Distances

UPDATE: RECEIVED THE TUAKAU PROTEINS DISCUSSION FORUM MINUTES FROM THE MEETING HELD ON 3 APRIL 2017.

Under the District Plan Heading  resident asked 'if the odours are contained and improving why are 'you guys' (tuakau protein) controlling what we can do with our property? This resident was told by WDC planner concerning the Tuakau Structure Plan, that the restriction on subdivision was because of the two businesses (Envirofert and Tuakau Proteins) who control  the whole of the south of Tuakau and they don't want people to move in because of the reverse sensitivity issue.
So, to the people in Tuakau that have bought land, house or property in the vicinity of these odour producing facilities, the council has just shit on you. To subdivide your land, sell your existing property you will now have odour zones on your Certificate of Title, restricting the potential buyers. For the people that bought here way before these two odour producing facilities you have now potentially lost huge dollar value of your land. These two odour producing facilities have resource consents that are monitored by the councils (excuse me for laughing, he he he) Consent condition "NO ODOUR BEYOND THE BOUNDARY" and now these smelly businesses are asking for 1km MINIMUM of recommended air quality separation distance from residential homes. Tuakau Proteins area under many owners, has been operating for approximately 40+ years, Envirofert started with "land-farming" in 1998 by Gary McGuire (Tuakau local), who boasted around town, 'you get a consent to do A and then when you get the consent you do A,B,C,D..........X,Y,Z. 


This report (picture above) was done by Tonkin+Taylor for Waikato District Council, dated August 2015,  because a number of industrial and infrastructure activities have the potential to discharge dust and/or odour in the Tuakau area.
If you live within these circles Tuakau Protein and Envirofert Composting are looking at introducing 'reverse sensitivity' or 'buffer zone' within these circles. Strange as Envirofert are NOT in the Tuakau Structure Plan but can still put odour buffer zones on existing properties? surely that is illegal?
Tuakau Proteins rendering plant (under 1 year) previously Graeme Lowe Waikato/Waikato By-Products and Envirofert (1999 clean?fill & 8 years of food waste composting) have requested this. Brinks in Ryders Road has numerous complaints and T+T report states that WRC said they have no complaints. Really! not what the locals say, or is this an area that does not want a  potential 'odour zone' put on the plans that could affect property values/potential buyers to their properties?? 
Tuakau Proteins plant has been a rendering plant for 40+ years under many different names. 40+ years of putrid rendering odours, trucks smelling, trucks dropping loads, discharge water to the Waikato River that could be contaminated, smells of dead animals, fish, and all the smells that go with rendering plants.
Envirofert composting/clean?fill/food destruction/smelly leachate ponds, odours many indescribable, food waste and destruction of food/ fat recovery are like having a open rotten garbage bin on your property any time, any duration.
Tuakau Proteins rendering plant circle is in purple and extends over many properties.
Envirofert composting plant is in the yellow circle and extends over properties and land which may be developed into housing. The circle around Envirofert is incorrect as anywhere within their boundary is a potential odour zone not just from the composting area.
Composting, Fonterras depackaging shed, leachate ponds, irrigation of leachate on to their land,buried whiteboard that when wet gives off hydrogen sulphide (rotten egg smell).
Now they want an extra kilometre, minimum, and encroach onto your land, saying that the community is stopping them from expanding their operations. 
What about them encroaching onto our lands and stopping us from expanding??
The councils seem to encourage this! Listening to the facilities and not the community that live around these odour producing facilities. Non-notifiable changes are made regularly!
Tonkin+Taylor did a report for Envirofert, Odour assessment for 74 Geraghtys Road, Tuakau, in 2009 for Envirofert because of a S127 change to a resource consent allowing Envirofert to take food waste for compost.
It stated then....while the existing separation distance at the site is less than the recommended separation distance (800m vs 1,000m), the separation distance guidelines are only designed to be a quick and easy assessment tool for identifying the potential for odours from an individual site and when met, they indicate odour assessment would typically not be required. Therefore, the guideline confirms that the preparation of a site specific odour assessment for the site was appropriate. Yeah right! another report from so-called experts that do not have to live with the putrid odours! Do a report and walk away and the councils just tick the relevant box!
Summary: (of the report)The proposed works involve the addition of a food waste composting facility at the existing composting site. ........provided the procedures listed in the SMP (site management plan) are adequately implemented it is considered that the potential for off-site adverse odour effects is LOW.

LOW! LOW! Not when you are living with putrid rotten food waste odours, even LOW odours get into washing, curtains, furnishings and ruin your quality of life. Envirofert composting has emitted putrid, rotten food waste odours since 2009 over Tuakau and surrounding area and it is definitely not LOW and Tuakau Proteins rendering plant odours also affect the use of properties causing adverse effects.

Now after many years of reports and now a new one from Tonkin+Taylor 2015 (surely this is a conflict of interest when they did the original report for Envirofert in 2009), Envirofert and Tuakau Protein want to encroach their odours even further onto neighbouring properties.
What happened to the off site odour effects would be LOW in 2009, was that a lie!!!
Home and landowners will be restricted by only certain people that would buy the land and houses because of having a 'potential odour zone' on council plans.
Immediately you lose on your property values, limit the potential buyers.
Tuakau could end up with residents not caring about their living conditions that will affect the long term residents.
Homeowners and landowners that have bought many years ago now find the council and these odour producing facilities wanting to extend a 1000 metre buffer zone from their odorous activities and encroach onto private neighbouring  properties restricting the owners.
This is not reverse sensitivity but a misdirected resource consent approval by the 'so-called experts'. These facilities should not be there or have outgrown their activities and properties.
The home and landowners are described as 'sensitive' by the 'so-called experts', councils and the odour producing facilities.
Original Resource Consents were issued by the Franklin/Waikato Councils with the condition that 'no objectionable or offensive odour beyond the (facility) boundary', and now the odour producing facilities want to encroach way over their boundaries into neighbouring properties who are going to lose on property values and quality of life.
Written in the New Zealand Journal of Environmental Law is.....'The condition is placed in a covenant or easement and registered on the certificate of title, ensuring successors in title have specific notice of requirement, and are bound by it.'
So when you want to sell your house/land, and the lawyer does a search of the title it will have that your house/land in an odour zone!
If these odour producing facilities owned the complete air quality separation distance, i.e the complete circle in diagram, and then sold on the land for other purposes this would be acceptable. People that purchase the land that falls within the circle then have the knowledge of the 'odour zone' but to put these restrictions on neighbouring properties that have been in this area way before these odour producing facilities is MORALLY WRONG and THEFT of the biggest asset in many people's lives.
This requirement of having a potential 'odour zone' when selling your property is already being applied, and this is before Tuakau Structure Plan submissions have even been seen by 'independent' commissioners.
Surely this sets a precedent that all residents will have this 'odour zone' on the councils plans?? and council has taken the odour producing facilities request and applied it!
Is this legal or honest?

This email was sent to Jenny Simpson from Tonkin+Taylor who did the report for Waikato District Council,Jane McCartney and David Totman planners of Waikato District Council, Nick Smith Ministry of Environment, and Paula Bennett Ministry of Local Government.
Not one of them had the decency to reply. 



Time will inevitably uncover dishonesty and lies, history has no place for them!












My definition of an expert in any field is a person who knows enough about what is really going on to be scared. P.J. Plauger.