District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Part 9 Hazardous facilities and contaminated land
9.1 Introduction
9.2 Resource management issues
9.3 Objectives and policies
9.4 Resource management strategy
9.5 Rules - hazardous facilities
9.6 Rules - contaminated land
9.7 Definitions
9.1 Introduction
The council has a duty under section 31 of the RMA to
"control any actual or potential effects of the use, development or
protection of land including… (ii) the prevention or mitigation
of any adverse effects of the storage, use, disposal or transportation
of hazardous substances and (iia) the prevention or mitigation of any
adverse effects of the development, subdivision, or use of contaminated
land."
The use, storage, transportation and disposal of potentially
hazardous substances has long been an integral part of the normal activities
of a community. In some instances accidental discharge to the surrounding
environment has resulted in land contamination. These substances, whether
singularly or in combination, have the potential to adversely affect
the health and safety of the community, and the wellbeing and sustainability
of the local natural and physical environment.
There are other legislative requirements for hazardous
substances, such as the Hazardous Substances and New Organisms Act 1996
(HSNO). The focus of the HSNO legislation and regulations is on the
characteristics of the substance itself regardless of the location.
This includes containment, packaging, identification, tracking, competency,
emergency preparedness and disposal. The HSNO Act provides the means
to set conditions on the management of hazardous substances, which apply
irrespective of location. The control of potential adverse environmental
effects at a particular site are dealt with under the RMA and are the
focus of this part of the Plan. They are:
- effects on the receiving natural environment
caused by contamination, toxic effects on ecosystems or ecological communities,
and other environmental damage
- effects on human health, including immediate
and long term risk to people and communities.
For hazardous substances, the effects on the physical
and natural resources caused by fire and explosion must also be considered.
The use of land associated with hazardous substances
is called a 'hazardous facility'. Hazardous facilities are not limited
to industrial installations and activities, but include many activities
associated with primary food production (eg agriculture, horticulture
and viticulture), transport activities (including petrol stations and
garages, as well as the storage, loading and unloading of vehicles used
for the transportation of hazardous substances) and smaller scale commercial
land use.
In addition to the provisions of this Plan dealing with
hazardous substances, contaminated and potentially contaminated land,
the following must also be adhered to:
- The relevant rules and provisions of the
Regional Plan and Regional Policy Statement, administered by the Auckland
Regional Council.
- Regulations for hazardous substances under
the Hazardous Substances and New Organisms Act 1996, administered primarily
by the Environmental Risk Management Authority and the Department of
Labour.
Note: definitions of some of the technical terms used
in this part of the Plan can be found in clause 9.7.
9.2 Resource management
issues
The significant resource management issues which need
to be addressed in the Plan are:
- How to provide for the use, storage,
transportation and disposal of hazardous substances in the islands,
recognising that these can be a necessary part of primary production,
manufacturing, business and domestic activities.
- How to manage the risks associated
with the use, storage, transportation and disposal of hazardous substances
in the islands, so as to avoid adverse effects on the environment.
- How to manage and facilitate remediation
of land which may have been contaminated as the result of past activities
in a way which avoids adverse effects on the environment.
9.3 Objectives
and policies
9.3.1 Objective for
the management of hazardous facilities
To avoid or mitigate the risks of adverse effects created
by hazardous facilities on the environment.
Policies
- By requiring hazardous facilities to
be designed, located, constructed and operated to avoid adverse effects
on people and the environment and to minimise risk to people and the
environment.
- By controlling the location and
operation of hazardous facilities to ensure that they do not give rise
to levels of risk that are incompatible with the nature of surrounding
land use activities.
- By preventing the establishment
of hazardous facilities where the risks created by the facilities cannot
be adequately avoided or mitigated, having regard to the acceptable
levels of risk associated with the nature of the surrounding land use
activities and the sensitivity of the surrounding natural environment
including the downstream environment.
- By requiring the preparation and
operation of emergency contingency plans for hazardous facilities where
appropriate.
- By ensuring the cumulative effects
of activities involving the use of hazardous substances do not pose
unacceptable risks to human health and the environment.
- By requiring that hazardous substances
and waste be disposed of at facilities which:
- are specifically designed to handle the
disposal of hazardous substances
- use techniques that avoid adverse effects
on human health and the environment.
- By promoting a cleaner production
ethic appropriate to the environment of the islands.
Explanation
Hazardous substances can be toxic, flammable, highly
reactive, corrosive, and ecotoxic. Therefore, all activities involving
the manufacture, storage, use, transportation and disposal of hazardous
substances have the potential to create adverse effects on people and
the environment if the substances react, degrade or are inadvertently
released because of inadequate management or an accidental spillage.
To avoid or mitigate these effects, hazardous facilities and activities
need to be managed correctly, designed and located appropriately and
have processes in place for dealing with incidents.
The transport of hazardous substances is dealt with
by other legislation, regulation and codes of practice such as the Transport
Act 1962, the Land Transport Act 1998, the Land Transport (Dangerous
Goods) Rule 2005 and NZS 5433:1999 Transport of Dangerous Goods on Land.
In some circumstances, land use controls may be used to address site
and location specific issues.
9.3.2 Objective
for the management of contaminated land
To avoid or mitigate the risk of adverse effects created
by the use, redevelopment or remediation of contaminated and potentially
contaminated land on human health and the environment.
Policies
- By minimising and controlling the adverse
effects arising from contaminated land.
- By ensuring remediation of contaminated
land is carried out to a level that is appropriate for the proposed
development and likely future use of the land as a prerequisite to its
redevelopment.
- By identifying those sites that
may be subject to potential contamination as a result of historical
land uses.
9.4 Resource management
strategy
The Plan adopts measures that minimise the risks to
people, property and the natural environment including the risk of future
contamination of land by activities that use hazardous substances. The
Plan also introduces measures that ensure safe and effective remediation
and redevelopment of sites that are identified as contaminated or potentially
contaminated as a result of historical land use activities.
9.4.1 Hazardous facilities
There are relatively few significant hazardous facilities
in the islands. The provisions of this Plan are designed to control
adverse effects of hazardous facilities which may pose more than minor
risks in relation to adjacent environments and land uses. The Plan uses
a hazardous facilities consent status table to determine whether a resource
consent is required for new or significantly increased hazardous facilities.
The table takes into account the following:
- the nature and quantity of the hazardous
substances being used
- proximity to sensitive receiving environments
including watercourses and wetlands
- proximity to more sensitive land uses
- the characteristics of the land unit or
settlement area within which the activity is occurring.
9.4.2 Contaminated
land
Any activity, which seeks to remediate or redevelop
contaminated, or potentially contaminated land, will be assessed as
a restricted discretionary activity. This will ensure that proper and
safe measures are undertaken and that remediation practices will not
lead to further degradation of the site, surrounding environment or
present a risk to human health.
Not all the contaminated land on the islands has been
identified. As a guideline for identifying potentially contaminated
land, the council uses the hazardous activities and industries list
(HAIL) contained in appendix 8 - Lists for hazardous facilities and
contaminated land. The HAIL is a revision of the list of industrial
activities first published in the Australian and New Zealand Environment
and Conservation Council guidelines (1992). It is intended to identify
most situations in New Zealand where hazardous substances could cause
and in many cases have caused land contamination. It lists 52 specific
land uses that can potentially cause contamination.
Prior to development occurring on land identified as
contaminated or potentially contaminated, the Plan requires owners to
take steps to make the site safe for the proposed end land use. A discharge
consent from the Auckland Regional Council will also be required in
situations where soil contaminants on site have been demonstrated to
be discharging to the environment and creating adverse environmental
effects, either in context of existing soil contamination or as a direct
result of development works. In any event, for sites that exhibit contamination
problems, the council may use its enforcement powers under the RMA to
ensure that no adverse effect on human health and the environment occurs.
9.5 Rules - hazardous
facilities
9.5.1 Hazardous facilities
consent status table
9.5.1.1 Explanation
and table
The activity status of any hazardous facility, except
those activities exempt under clause 9.5.1.2, is determined by the thresholds
indicated in the consents status table (table 9.1) below. The thresholds
determine whether a consent is required or whether the activity can
be carried out as a permitted activity within a particular land unit
or settlement area.
Table 9.1 specifies the cumulative quantities of hazardous
substances which can be used and stored for each hazard category above
which the specified type of consent is required. It should be noted
that many substances have more than one hazard and the consent status
must be determined for each hazard class.
The quantity thresholds defining the consent status
in table 9.1 are to be applied to the sum of all substances proposed
to be used or stored in one facility within one hazard grouping. The
measures are mainly in tonnes (t) apart from gases (except for LPG)
where a cubic metre (m3) measure is given as indicated in
the table. The cubic metre measures are at standard atmospheric temperature
and pressure (STP).
Table 9.1: Hazardous facilities consent
status
P = Permitted RD = Restricted discretionary
D = Discretionary
For the purposes of this table, the land units and settlement
areas have been grouped as follows:
| Group A |
Land units: commercial 5, 6 and 7; Matiatia Settlement areas: Medlands quarry area
|
| Group B |
Land units: landform 3 and 5; commercial 1,
2 and 3; Matiatia; rural 1, 2 and 3 Settlement areas: Claris airport area, Claris light
industry area |
| Group C |
Land units: landform 1, 2, 4, 6, and 7; island
residential 1 and 2; commercial 4; recreation 1, 2 and 3, conservation, Pakatoa, Rotoroa |
Settlement areas: all areas not otherwise listed under
group B or C
| Hazardous
substance property |
Class |
HSNO
subclass 1 |
Land
units and settlement areas (by group) |
| Group
A |
Group
B |
Group
C |
| Activity
status |
Activity
status |
Activity
status |
| P |
RD |
D |
P |
RD |
D |
P |
D |
| Explosive |
1 |
1.1 (all-storage) |
<0.05t |
0.05-0.1t |
>0.1t |
<0.02t |
0.02-0.04t |
>0.04t |
0 |
>0 |
| 1.2 (all-storage) |
<0.5t |
0.5-1t |
>1t |
<0.2t |
0.2-0.4t |
>0.4t |
0 |
>0 |
| 1.3 (all-storage) |
<1.5t |
1.5-3t |
>3t |
<0.5t |
0.5-1t |
1t |
0 |
>0 |
| 1.2/1.3 with 1.1 2 |
<0.05t |
0.05-0.1t |
>0.1t |
<0.02t |
0.02-0.04t |
0.04t |
0 |
>0 |
| Flammable (gases)
(aerosols)
|
2 |
2.1 (all) |
<1t/<2,000m3 |
1-2t/2,000-4,000m3 |
>2t/>4,000m3 |
<0.5t/<1,000m3 |
0.5-1t/1,000-2,000m3 |
>1t/>2,000m3 |
<0.02t/<40m3 |
>0.02t/>40m3 |
| 2.1 (within 50m of msl 3) |
<0.2t/<400m3 |
0.2-0.5t/400 -1,000m3 |
>0.5t/>1,000m3 |
<0.1t/<200m3 |
0.1-0.2t/200-400m3 |
>0.2t/>400m3 |
- |
- |
| All other non-hazardous |
<5t/10,000m3 |
5-10t/10,000 -20,000m3 |
>10t/>20,000m3 |
<2t/<4,000m3 |
2-4t/4,000-8,000m3 |
>4t/>8,000m3 |
<0.1t/<200m3 |
>0.1t/>200m3 |
| LPG |
<3t |
3-6t |
>6t |
<1.5t |
1.5-3t |
>3t |
<0.1t |
>0.1t |
| LPG (within 50m of msl 3) |
<1t |
1-2t |
>2t |
<0.5t |
0.5-1t |
>1t |
- |
- |
| Flammable (liquids)
|
3 |
3.1A, 3.1B |
<6t |
6-12t |
>12t |
<2t |
2-4t |
>4t |
<0.1t |
>0.1t |
| 3.1A/B (within 50m of msl
3) |
<2t |
2-4t |
>4t |
<0.6t |
0.6-1.2t |
>1.2t |
- |
- |
| 3.1C |
<20t |
20-40t |
>40t |
<6t |
6-12t |
>12t |
<0.3t |
>0.3t |
| 3.1D |
<60t |
60-120t |
>120t |
<20t |
20-40t |
>40t |
<1t |
>1t |
| 3.2 (all) |
<3t |
3-6t |
>6t |
<1t |
1-2t |
>2t |
<0.05t |
>0.05t |
| Flammable (solids)
|
4 |
4.1 (all) |
3t |
3-6t |
>6t |
<1t |
1-2t |
>2t |
<0.05t |
>0.05t |
| 4.2 (all) |
<1t |
1-2t |
>2t |
<0.4t |
0.4-1t |
>1t |
<0.02t |
>0.02t |
| 4.3 (all) |
<1t |
1-2t |
>2t |
<0.4t |
0.4-1t |
>1t |
<0.02t |
>0.02t |
| Oxidising capacity |
5 |
5.1.2 gases |
<1,000m3 |
1,000-2,000m3 |
>2,000m3 |
<400m3 |
400-1,000m3 |
>1,000m3 |
<40m3 |
>40m3 |
| 5.1.1 (all) |
<3t |
3-6t |
>6t |
<1.5t |
1.5-3t |
>3t |
<0.05t |
>0.05t |
| 5.2 (all) |
<1t |
1-2t |
>2t |
<0.5t |
0.5-1t |
>1t |
<0.02t |
>0.02t |
| Toxic |
6 |
6.1A |
<0.5t |
0.5-1t |
>1t |
<0.2t |
0.2-0.4t |
>0.4t |
0 |
>0 |
| 6.1 gases |
<300m3 |
300-600m3 |
>600m3 |
<100m3 |
100-200m3 |
>200m3 |
0 |
>0 |
| 6.1A (within 50m of msl 3) |
<0.2t |
0.2-0.4t |
>0.4t |
<0.1t |
0.1-0.2t |
>0.2t |
0 |
>0 |
| 6.1B, 6.3-6.9 |
<6t |
6-12t |
>12t |
<2t |
2-4t |
>4t |
<0.05t |
>0.05t |
6.1B, 6.3-6.9 (within 50m of
msl 3) |
<2t |
2-4t |
>4t |
<1t |
1-2t |
>2t |
- |
- |
| 6.1C |
<20t |
20-40t |
>40t |
<6t |
6-12t |
>12t |
<0.3t |
>0.3t |
| 6.1C (within 50m of msl 3) |
<6t |
6-12t |
>12t |
<2t |
2-4t |
>4t |
<0.05t |
>0.05t |
| Corrosive |
8 |
8.1, 8.2A, 8.3 |
<6t |
6-12t |
>12t |
<2t |
2-4t |
>4t |
<0.05t |
>0.05t |
| 8.2B/C |
<20t |
20-40t |
>40t |
<10t |
10-20t |
>20t |
<0.3t |
>0.3t |
| Eco-toxic |
9 |
9.1A-9.4A |
<1t |
1-2t |
>2t |
<0.5t |
0.5-1t |
>1t |
<0.1t/<0.01t7 |
>0.1t/>0.01t7 |
| 9.1A-9.4A (within 30m of a water
system or MHWS) |
<0.3t |
0.3-0.6t |
>0.6t |
<0.1t |
0.1-0.3t |
>0.3t |
<0.03t |
>0.03t |
| 9.1B-9.4B |
<20t |
20-40t |
>40t |
<10t |
10-20t |
>20t |
<3t/<0.03t4 |
>3t/>0.03t4 |
| 9.1B-9.4B (within 30m of a water
system or MHWS) |
<6t |
6-12t |
>12t |
<3t |
3-6t |
>6t |
<1t/<0.03t4 |
>1t/>0.03t4 |
| 9.1C-9.4C |
<60t |
60-120t |
>120t |
<30t |
30-60t |
>60t |
<10t/<1t4 |
>10t/>1t4 |
| 9.1C-9.4C (within 30m of a water
system or MHWS) |
<20t |
20-40t |
>40t |
<10t |
10-20t |
>20t |
<3t/<1t4 |
>3t/>1t4 |
| High BOD5 (>10,000mg/1) |
- |
- |
<100t |
100-200t |
>200t |
<40t |
40-80t |
>80t |
<40t/<2t4 |
>40t/>2t4 |
| (within 30m of a water system
or MHWS) |
<40t |
40-80t |
>80t |
<20t |
20-40t |
>40t |
<40t/<2t4 |
>40t/>2t4 |
Notes:
- The classification of individual substances
can be found in a substance register held by the Environmental Risk
Management Authority (ERMA). A list of the most common hazardous substances
and their subclasses is contained in clause 4.0 of appendix 8 - Lists
for hazardous facilities and contaminated land.
- Class 1.2 and 1.3 substances are
to be treated as class 1.1 substances if they are stored with any class
1.1 substances. The threshold applies to storage of explosives only;
their use is considered to be controlled adequately through the HSNO
Regulations.
- 'Msl' means 'more sensitive land
use'. This includes any people oriented activities such as child care
centres, schools and visitor accommodation. For example, this may apply
where a bulk LPG storage facility is proposed to locate within a rural
or commercial land unit but in close proximity to a school or other
people oriented activity.
- The second figure is the reduced
threshold applying in the following land units and settlement areas:
- landforms 1, 2, 4, 6 and 7, and in the
conservation land unit
- Tryphena reserve and coastal margin area,
Medland and Claris dune and wetland conservation areas, Okupu reserve
and dune protection area.
References:
- The classification used in the table
is based on the criteria specified in the Hazardous Substances (Classification)
Regulations 2001.
- The grouping of substances and quantities
adopted for the table is based on those developed for the hazardous
facilities screening procedure (HFSP) (Land Use Planning Guide for Hazardous
Facilities, Ministry for the Environment, 2002).
9.5.1.2 Exemptions
for retailing and storing fuel
The activities listed below are exempt from table 9.1
- Hazardous facilities consent status. However they still require a
consent under clause 9.5.3 and must comply with the minimum performance
standards in clause 9.5.5.
- The retail sale of fuel, up to a storage
of 100,000 litres of petrol and up to 50,000 litres of diesel in underground
storage tanks, provided it can be demonstrated that the Code of Practice
for the Design, Installation and Operation of Underground Petroleum
Systems published by the Department of Labour (Occupational Safety and
Health) 1992 is adhered to.
- The retail sale of LPG, with storage
of up to 6 tonnes of LPG in a single vessel, provided it can be demonstrated
that the AS/NZ 1596:2002 The Storage and Handling of LP Gas is adhered
to.
9.5.1.3 Exemptions
for facilities for disposing of solids from septic tanks and other wastewater
treatment and disposal systems
- The treatment of solids from septic tanks
and other wastewater treatment and disposal systems is exempt from
table
9.1: Hazardous facilities consent status.
- The storage of septic tank waste
is not exempt from table 9.1 and must comply with the minimum performance
standards in clause 9.5.5.
Explanation
While the solids from septic tanks and other wastewater
treatment and disposal systems may contain substances which are defined
as hazardous substances under HASNO and the Plan, their treatment and
disposal is a matter controlled by the council's bylaw and by the Auckland
Regional Council. As outlined in clause 4.8, the bylaw and ARC requirements
are sufficient to avoid, remedy or mitigate the adverse effects of the
treatment and disposal of solids from septic tanks and other waste water
treatment and disposal systems. However, because the storage of septic
tank waste includes substances with a high BOD5 (five day biochemical
oxygen demand), it is not exempt from table 9.1: Hazardous facilities
consent status and must comply with the minimum performance standards
in clause 9.5.5.
9.5.2 Permitted
activities
The following are permitted activities provided they
comply with the minimum performance standards in clause 9.5.5:
- Any hazardous facility involving hazardous
substances in quantities below the threshold for permitted activities
in
table 9.1 - Hazardous facilities consent status.
- Any use or storage of radioactive
materials with an activity below that specified as an exempt activity
in part 2 of the Radiation Protection Regulations 1982.
9.5.3 Restricted
discretionary activities
The following are restricted discretionary activities
provided they comply with the minimum performance standards in clause
9.5.5:
- Any hazardous facility involving hazardous
substances in quantities within the range for a restricted discretionary
activity in
table 9.1 - Hazardous facilities consent status.
- The retail sale of fuel, up to a
storage of 100,000 litres of petrol and up to 50,000 litres of diesel
in underground storage tanks, provided it can be demonstrated that the
Code of Practice for the Design, Installation and Operation of Underground
Petroleum Systems, Department of Labour (Occupational Safety and Health)
1992 is adhered to.
- The retail sale of LPG, with storage
of up to 6 tonnes (single vessel storage) of LPG, provided it can be
demonstrated that the AS/NZ 1596:2002 The Storage and Handling of LP
Gas is adhered to.
Matters of discretion
The council has restricted its discretion to considering
the matters set out in clause 9.5.6.
Notification requirements
Except as provided by section 94C(2) of the RMA, applications
for a resource consent for the restricted discretionary activities listed
above will be considered without the need to obtain written approval
for, or serve notice on affected persons (in accordance with section
94D(2) and (3) of the RMA).
9.5.4 Discretionary
activities
The following are discretionary activities:
- Any hazardous facility involving hazardous
substances in quantities within the range for a discretionary activity
in
table 9.1 - Hazardous facilities consent status.
- Activities involving hazardous substances
which would otherwise be permitted or restricted discretionary except
that they do not comply with one or more minimum performance standards
in clause 9.5.5.
- Any other hazardous facility that
is not otherwise identified as permitted or restricted discretionary.
9.5.5 Minimum
performance standards for hazardous facilities
The minimum performance standards in clauses 9.5.5.1
to 9.5.5.5 apply to all hazardous facilities.
Explanation
The purpose of the performance standards is to reduce
contamination with hazardous substances resulting from the accidental
or deliberate discharge of such substances to land or water. The performance
standards should lead to the construction of facilities in such a manner
that the number of spillages of hazardous substances is minimised, and
the spillages that do occur have less severe adverse effects.
9.5.5.1 Spill containment
system
Any part of the site where a hazardous substance spill
may occur must have an appropriate spill containment system. The spill
containment system must be:
- Constructed from impervious materials
that are resistant to the hazardous substances involved and, for pooling
hazardous substances:
- Able to contain the maximum volume of
the largest tank used, plus an allowance for stormwater or water for
fire-fighting.
- Or where drums or other smaller
containers are used, able to contain half of the maximum volume of substances
stored.
- Designed, constructed and managed
so that any spill or release of any hazardous substance, and any stormwater
that may enter and become contaminated in the spill containment system,
is prevented from discharging into or onto land, ground water, any water
body or potable water supply.
Suitable means of compliance include graded floors and
surfaces, bunding, roofing, sumps, fire water catchments, overfill protection
and alarms, and similar systems.
9.5.5.2 Stormwater
grate marking
All stormwater grates must be clearly marked, to ensure
that hazardous substances are not inadvertently released into any receptor
including streams, soakage pits and septic tanks, which are not specifically
designed for carrying hazardous substances.
9.5.5.3 Washdown
areas
Any area where the washing of vehicles, equipment or
containers that are or may have become contaminated with hazardous substances
takes place, must be designed, constructed and managed to prevent any
contaminated wash water from discharging into or onto land or water
(including groundwater, stormwater and potable water supplies).
Suitable means of compliance include roofing, sloped
pavements, interceptor drains, containment and diversion valves, oil-water
separators, sumps and similar systems.
9.5.5.4 Underground
storage tanks
- Any underground storage tank must be
designed and constructed to contain any leakage. A leak detection system
must be integral to the design of the tank backed up with an effective
monitoring program.
- Underground tanks for the storage
of petroleum products must be designed, constructed and managed to prevent
leakage, spills and resulting adverse effects on people, ecosystems
and property. The tanks must be:
- Constructed from impervious materials
resistant to the hazardous substances to be stored.
- Equipped with secondary containment
facilities in areas of environmental sensitivity.
- Serviced by a leak detection or
monitoring system that is capable of detecting a failure or breach in
the structural integrity of the primary containment vessel.
- Compliance with the Code of Practice
for Design, Installation and Operation of Underground Petroleum Systems,
Department of Labour, OSH 1992, must be demonstrated.
Note:
The removal of underground storage tanks which have
been used for the storage of hazardous substances is a restricted discretionary
activity (see clause 9.6.3).
9.5.5.5 Signage
The following standards apply to all hazardous facilities
which require signage under the HSNO legislation:
- Such facilities must have adequate signage
to identify the nature and location of the hazardous substances present.
- Where such facilities are immediately
adjacent to a more sensitive land unit or part of a settlement area
on which members of the public can congregate (including land units
providing for schools, play grounds and similar activities), additional
specific signage must be provided on the boundary of the facility facing
that area to alert the public to the dangers of hazardous substances
being on the site.
9.5.6 Matters
of discretion for restricted discretionary activities
The council has restricted its discretion to considering
the following matters:
- Compliance with the performance standards
outlined in clause 9.5.5 and any relevant codes of practice.
- The safety of the routes to be used
for transporting hazardous substances on to and off the site where this
forms a significant part of the operation.
- Separation distances, the type of
environment and the number of people potentially at risk from the proposed
facility. The council may have regard to site characteristics and surrounding
land uses including proximity to people oriented activities (such as
recreation reserves and schools) and sensitive natural areas including
the downstream receiving environment and marine protected areas.
- Methods and procedures to ensure
that potential hazards and exposure pathways arising from the proposed
facility have been adequately identified and provided for.
- Procedures to detect and respond
to the following events in a manner which avoids adverse effects on
people and the environment:
- fire including provision for adequate
fire-fighting water supply
- accidental spillage or release of hazardous
substances
- change or deterioration of plant or machinery
- changes in environmental condition resulting
from the operation of the facility.
- Procedures for the management of
waste containing hazardous substances.
- Measure used to address any risk
of cumulative or synergistic effects of different substances, including
cumulative risks.
9.5.7 Assessment
criteria for discretionary activities
In addition to the matters set out in clause 9.5.6,
the council's assessment of an application for a discretionary activity
will include consideration of the following matters:
- Whether the risks presented by the hazardous
facility to people, ecosystems, and property have been assessed fully
and systematically, and whether they are able to be avoided, remedied
and mitigated satisfactorily. In considering this the council will have
regard to:
- The proposed site and layout, with a
description of the nature and scale of the proposed facility and associated
operations.
- The quantities of hazardous substances
proposed to be used, stored, transported and disposed of on the site.
- Site drainage and off site infrastructure,
including the biophysical characteristics of the site and surrounding
area (eg drainage and roads).
- Potential cumulative effects with
neighbouring hazardous facilities.
- Whether the proposed site design,
construction and operation of the facility is appropriate to prevent
the accidental release, or loss of control, of hazardous substances,
and whether adequate emergency and spill contingency plans are provided.
- The degree to which an assessment
of the probability and potential consequences of an accident, leading
to a release of a hazardous substance or loss of control, has been undertaken
including an assessment of the acceptability of the assessed risks including
cumulative risks.
- Whether waste management plans have
been prepared where there are significant quantities of wastes containing
hazardous substances resulting from the activity.
- The degree to which an evaluation
of alternatives (eg alternative sites, locations, substances, quantities,
processes, equipment and site management techniques) has been carried
out, to determine whether there are any alternatives to the proposal,
particularly where it is possible that the activity is likely to result
in significant environmental effects.
- The degree to which cleaner production
techniques have been considered and adopted.
- Whether a suitable site management
system has been proposed. Where appropriate, the council will consider
whether the site management system is consistent with national or international
site management standards and codes of practice, including:
- New Zealand Chemical Industry Council's
(NZCIC) responsible care programme
- ISO 9000 and ISO 14001 systems.
9.6 Rules - contaminated
land
9.6.1 Determining
whether land may be contaminated
The council considers land to be contaminated if site
investigation shows that the land meets the criteria listed in the definition
of 'contaminated land' contained in the RMA (see part 14 - Definitions).
The council uses the Ministry for the Environment's hazardous activities
and industries list (HAIL) as guidance to assist in identifying potentially
contaminated land. HAIL identifies activities that are considered likely
involve the use, storage or disposal of hazardous substances in a manner
that results in land contamination.
Appendix 8 - Lists for hazardous facilities and contaminated
sites, includes a list of potentially contaminated sites known to the
council at the time of notification of this Plan.
Where council is aware of contamination or potential
contamination, it holds this information in its databases - in particular
in its geographic information system (GIS). The information on council's
GIS is available to the public on request. That information will assist
in determining whether a consent is required under this part of the
Plan, or whether it would be prudent to carry out a site investigation
to confirm the presence or absence of contamination prior to lodging
an application to subdivide, redevelop or remediate the land.
9.6.2 Permitted
activities - site investigation
The taking of ground water and soil samples for the
investigation of contaminated land or potentially contaminated land
to determine the presence or degree of contamination is a permitted
activity.
9.6.3 Restricted
discretionary activities
The following are restricted discretionary activities:
- Any activity which remediates contaminated
land or removes underground storage tanks.
- Any redevelopment of contaminated
or potentially contaminated land. Redevelopment includes the addition
of new buildings or additions to existing buildings. It does not include
the ongoing activities or occupation of the site for the same activity
and minor additions and alterations to existing dwellings.
Exception
Provided that this does not apply where any site identified
in clause 3.0 of appendix 8 - Lists for hazardous facilities and contaminated
land, has been investigated and proven not to be contaminated or has
been remediated to a level which is safe for the intended use.
Notification requirements
Except as provided by section 94C(2) of the RMA, applications
for a resource consent to remediate or redevelop contaminated or potentially
contaminated land, or remove underground storage tanks, will be considered
without the need to obtain written approval for, or serve notice on
affected persons (in accordance with section 94D(2) and (3) of the RMA).
9.6.4 Matters
of discretion for restricted discretionary activities
The council has restricted its discretion to considering
the following matters:
- The extent and nature of contamination.
- Earthworks including any methods
to control the release of contaminants into the environment.
- The health and safety of on site
workers and the wider community.
- The suitability of the land for
its proposed end use.
- The manner in which the work including
any remediation will be undertaken.
- The treatment and disposal of contaminated
soil.
- The adequacy of any remediation.
9.6.5 Assessment
criteria for restricted discretionary activities
The council's assessment of an application for a restricted
discretionary activity will consider the matters set out in clauses
9.6.5.1 and 9.6.5.2.
Reference to the Ministry for the Environment's Contaminated
Land Management Guidelines Nos 1-5 will assist applicants in achieving
compliance with the criteria set out below.
9.6.5.1 Assessment
criteria for all restricted discretionary activities
- The extent and nature of any contamination
of land or ground water and the potential sources of contamination.
- The degree to which earth moving
or removal will be undertaken, including any methods to control the
release of contaminants into the environment (eg sediment control, site
covering and dust control).
- Whether contaminated or potentially
contaminated soil or ground water will be able to be treated or disposed
of.
- The degree to which the health and
safety of the community and workers during site works will be provided
for including, if necessary, the presence of public exclusion zones,
site security and location of worker amenity facilities.
- The degree to which measures will
be employed to avoid remedy or mitigate any adverse effects on human
health, water quality, or the downstream receiving environment.
- Whether the land is suitable for
its intended end use.
9.6.5.2 Additional
assessment criteria for specific activities
Remediation of contaminated or potentially contaminated
land and the removal of underground storage tanks
In addition to the criteria set out in clause 9.6.5.1,
the council's assessment of an application to remediate contaminated
or potentially contaminated land, or to remove underground storage tanks,
will consider the following matters:
- Whether the methodology by which the
land will be remediated will avoid adverse effects on the natural environment,
during and after the remediation process, giving special consideration
to the nature of the downstream receiving environment including marine
protected areas.
- The extent to which the effects
of remediation are acceptable.
The redevelopment of contaminated or potentially
contaminated land
In addition to the criteria set out in clause 9.6.5.1,
the council's assessment of an application to redevelop contaminated
or potentially contaminated land, will consider the following matter:
- whether adequate measures will be taken
to ensure the safe operation of the proposal on the land.
9.6.6 Subdivision
of contaminated land
Refer to part 12 - Subdivision for the rules for subdividing
contaminated or potentially contaminated land.
9.7 Definitions
The definitions which particularly relate to this part
of the Plan are listed below. These definitions are in addition to those
contained in part 14 - Definitions.
| Acute toxicity |
means adverse effects caused by
a toxic agent occurring within a short time following exposure to that
agent. |
| BOD5 |
means '5 day biochemical oxygen
demand' which is a measure of the amount of oxygen required by organisms
to consume organic matter over a five day period. |
| Bund |
means a spill containment system
comprising a sealed area that is fully enclosed by a perimeter wall. |
| Chronic toxicity |
means adverse effects caused by
a toxic agent which occur either after prolonged exposure or an extended
period after initial exposure. |
| Cleaner production |
means the employment of techniques
to reduce the need for raw materials, energy and the amount of wastes
generated. These techniques may include the use of recyclable materials,
the use of less hazardous substances, and the use of renewable resources. |
| Contaminant and contaminated land |
have the same meanings as in the
RMA. |
| Contamination |
means a condition or state which
represents or potentially represents an adverse health or environmental
impact because of the presence of potentially hazardous substances. |
| Eco-toxicity |
means adverse toxic effects on
ecosystems or ecological communities. |
| Emergency plans |
means a document serving as an
emergency response guide which identifies the elements required to respond
to an emergency, and defines the responsibilities and specific tasks
of key personnel in an emergency. |
| Hazard |
means any intrinsic property of
a substance which makes it capable of causing adverse effects to people,
the environment or property. |
| Hazardous facility |
means activities
involving hazardous substances and sites.
It includes any of the following:
- Sites where hazardous substances
are used, stored or disposed of.
- Vehicles used for transporting
hazardous substances.
It does not include any of the following:
- The incidental use and storage of
hazardous substances in minimal domestic scale quantities.
- Hazardous activities which
do not involve hazardous substances but which may pose a risk to people
or the natural environment due to a physical or biological hazard (eg
earthworks, electromagnetic radiation, genetically modified organisms
and flour dust).
- Network utility pipelines used
for the transfer of hazardous substances such as gas, oil and sewage.
- Infectious substances.
- Retail premises which sell
hazardous substances for the domestic use (eg supermarkets, hardware
shops, pharmacies).
- Fuel in motor vehicles, boats
and small engines.
- Facilities using genetically
modified organisms.
|
| Hazardous substance |
means any of the
following:
- Substances with one of more of the
following intrinsic properties:
- an explosive nature
- an oxidising nature
- a corrosive nature
- flammability
- acute and chronic toxicity
- ecotoxicity with or without bioaccumulation.
- Substances which in contact
with air or water (other than air and water where the temperature or
pressure has been artificially increased or decreased) generate a substance
with any one or more of the properties specified in item 1 above.
- Substances which when discharged
to surface or ground waters, have the potential to deplete oxygen as
a result of the microbial decomposition of organic materials (eg milk
or other food stuffs).
- Radio-active substances except
smoke detectors.
|
| Incident |
means a sudden event that is prevented
from resulting in an accident by mitigating circumstances. |
| Marine protected areas |
means a part of the marine environment
given legal protection in order to ensure the preservation of marine
flora and fauna, habitats and ecosystems. In addition, marine protected
areas may support a variety of associated uses, including scientific
study, education, public use and enjoyment and tourism. A range of mechanisms
are available for the legal protection of marine areas, including regulations
or Taiapure under the Fisheries Act 1983, and marine reserves under
the Marine Reserves Act 1971.
|
| Off site effects |
means effects on people, property,
and the natural environment outside of the boundary of a hazardous facility. |
| Potentially contaminated land |
means land which has been identified
as having been used for an activity that is considered likely to cause
land contamination as a result of hazardous substance use, storage or
disposal. It may include activities as identified in the HAIL list contained
at clause 2.0 of appendix 8 - Lists for hazardous facilities and contaminated
land.
|
| Process |
means the same as 'use'. |
| Separation distance |
means the distance from the edge
of the area where hazardous substances are stored or used, to the nearest
site boundary. The edge for building enclosures or unbunded storage
tanks is the nearest wall to the nearest boundary. The edge for outside
storage areas is the nearest curb or bund wall to the nearest boundary. |
| Site management system |
is a means of ensuring the ongoing
safety of a hazardous facility through sound management. A site management
system includes safety policy, provides a description of organisational
structure and responsibilities, including operating, emergency and monitoring
procedures, and includes performance auditing.
|
| Spill containment system |
means a permanent structure which
will contain hazardous substances in the event of a spill, and prevent
them from entering the stormwater drainage system, any water body or
land. |
| Substance storage |
means the keeping of a substance
or mixture of substances in a container, either above ground or underground. |
| Use |
means the manufacturing, processing
or handling of a substance or mixture of substances for a particular
activity without necessarily changing the physical state or chemical
structure of the substance involved. This includes mixing, blending
and packaging operations, but does not include the filling of or drawing
off of substances from bulk storage tanks unless any processing plant
is permanently connected to the bulk storage. |
