Regional Policy Statement for Taranaki |
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Part B Section 5.3 — Managing the effects of hazardous substances and contaminated sites | |
5.3 Managing the effects of hazardous substances and contaminated sites
Background to the issue
A hazardous substance is "...any substance with one or more of the following intrinsic properties, explosiveness, flammability, a capacity to oxidise, corrosiveness, toxicity (including chronic toxicity) and ecotoxicity with or without bioaccumulation..." (Hazardous Substances and New Organisms Act 1996)
Contaminated land means "land of one of the following kinds:
(a) if there is an applicable national environmental standard on contaminants in soil, the land is more contaminated than the standard allows; or
(b) if there is no applicable national environmental standard on contaminants in soil, the land has a hazardous substance in or on it that:
(i) has significant adverse effects on the environment; or
(ii) is reasonably likely to have significant adverse effects on the environment. " (Resource Management Act 1991)
Hazardous substances are a common part of our lives. However, if they are stored, used, handled or transported without proper care and concern for safety, they may adversely affect both the environment and public health. Adverse effects caused by the unintentional or deliberate release of hazardous substances into the environment may be short or long term, immediate or delayed. Use of hazardous substances can also produce hazardous waste. Hazardous waste is predominantly generated during manufacturing processes (e.g. timber preservatives) and, to a lesser extent, from domestic households (e.g. household bleaches, solvents).
Contaminated sites are sites at which hazardous substances are present in concentrations above naturally occurring local background levels and are likely to pose an immediate or long-term risk to the environment, or human health, or both. In the past, some hazardous substances management practices associated with the storage, use or disposal of hazardous substances have resulted in soil on some sites becoming contaminated to the extent that the site is potentially unsuitable for current or subsequent uses. The contamination can also enter the environment as a surface water, groundwater or air discharge posing a much wider risk to both public health and the environment, and may affect the economy of the region through damage to property and/or damage to market access for export produce. In addition, management costs may be imposed upon the community through the abandonment of contaminated sites and the subsequent need to remediate 'orphaned' contaminated sites. Site remediation (clean up) can be expensive, and effective management means matching target clean up levels to likely land uses.
The level of risk from contaminated sites is not uniform for all land uses e.g. a site may be quite safe to use for industrial purposes, but unsafe for food crops or where young children might play in dirt. Examples of land uses that could result in site contamination include landfills, engineering workshops, timber treatment sites, railway yards, gasworks and drycleaners.
Under the Resource Management Act, the function of regional councils is "...the investigation of land for the purposes of identifying and monitoring contaminated land", while the function of territorial authorities is "...the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land".
The Taranaki Regional Council has investigated and compiled a database of all sites in Taranaki that might contain some contamination from historical or current land use. These investigations confirm (to the extent of information known to the Council) that there are now no contaminated sites which pose a risk to human health or the environment in the Taranaki region. There are a small number of sites that are contaminated above guidelines but which are being managed to prevent environmental or health effects. However, it is recognised that new information may identify new sites that may need to be investigated and remedial action considered. Furthermore, a change in land use for a particular site (for example from industrial to residential) may mean stricter controls are appropriate and may necessitate further investigation and/or remedial action. There is also the possibility that the introduction of new guidelines or a national environmental standard for contaminated land may affect the status of a particular site.
The significant issues with managing the effects of hazardous substances and contaminated sites in Taranaki are:
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Avoiding, remedying or mitigating adverse environmental effects associated with the storage, use, transportation and disposal of hazardous substances.
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Providing for the effective management, use and remediation of contaminated sites.
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Objective
HZC OBJECTIVE 1
To avoid, remedy, or mitigate adverse environmental effects arising from the storage, use, transportation and disposal of hazardous substances in the Taranaki region, including adverse environmental effects arising from existing contaminated sites.
Policies
Promoting alternatives to hazardous substances
HZC POLICY 1
The use of alternatives to hazardous substances will be promoted where it is appropriate, efficient and cost-effective to do so.
Adverse effects arising from the storage, use and transportation of hazardous substances
HZC POLICY 2
Adverse and unintended effects on the environment arising from the storage, use and transportation of hazardous substances will be reduced to the lowest practicable level.
Disposal of hazardous substances
HZC POLICY 3
Adverse and unintended effects on the environment arising from the disposal of hazardous substances will be avoided or mitigated by:
(a) encouraging greater levels of substitution, re-use, recovery and recycling of hazardous substances where practicable;
(b) promoting disposal of hazardous substances in purpose built disposal facilities when appropriate; and
(c) providing for the co-disposal of hazardous substances to a landfill, subject to that disposal being undertaken in a manner that avoids or mitigates significant adverse environmental effects.
Management of contaminated sites
HZC POLICY 4
All known and potentially contaminated sites in the Taranaki region will be identified and managed in a manner that:
(a) avoids or mitigates potential adverse environmental effects;
(b) mitigates or remedies actual adverse environmental effect; and
(c) avoids or mitigates potential adverse effects on human health.
Priority action
HZC POLICY 5
Priority of management action will be determined by:
(a) the type of contaminants;
(b) the degree of contamination;
(c) the availability and practicality of appropriate technology for management including recognition of technical and financial constraints;
(d) existing and likely future uses of the site;
(e) surrounding land uses;
(f) national standards, guidelines, or both; and
(a) the potential for adverse environmental and public health effects including the potential for offsite or downstream effects.
Avoiding new contaminated sites
HZC POLICY 6 Discharges of hazardous substances to land shall be regulated and unauthorised discharges shall be remediated to avoid the creation of new contaminated sites in the region.
Explanation of the policies
Hazardous substances, while a common part of our lives may adversely affect both the environment and public health if not stored, used, handled, transported, or disposed of with proper care and concern. Accordingly, Policy 1 seeks to promote the use of alternatives to hazardous substances where practicable to reduce or avoid adverse environmental effects associated with the storage, use, handling or transportation of hazardous substances.
Policy 2 seeks that hazardous substances be used, stored and transported in a manner designed to reduce or avoid adverse environmental effects from unintentional releases. Where significant and unintended effects do occur they will be remedied or mitigated. 'Lowest practicable level' takes into account statutory requirements, the effectiveness and efficiency of alternative controls, and the sensitivity of receiving environments.
The Resource Management Act is concerned only with the discharge of contaminants (including hazardous substances) into the environment. Other elements of the life cycle of hazardous substances lie outside the scope of the RMA. The Hazardous Substances and New Organisms Act (HASNO) addresses the management of hazardous substances throughout their life cycle. Therefore if a comprehensive, integrated and efficient management regime for hazardous substances is considered appropriate then it is open to the Council to consider a number of methods to implement Policy 2 including taking up inspection and enforcement functions that are available to but not mandatory for regional councils under HASNO.
Policy 3 seeks that adverse and unintended effects on the environment arising from the disposal of hazardous substances be avoided or mitigated. Policy 3 recognises that disposal of hazardous substances to a landfill is appropriate in certain (but not all) circumstances and is subject to disposal being undertaken: in accordance with consent conditions and recognised guidelines; following pre-treatment to satisfactory standards; and in accordance with specific landfill management plans. Policy 3 also recognises that, as a general principle, co-disposal of hazardous substances to a landfill should be regarded as the option of last resort, after the minimisation of waste generation and the implementation of recycling and re-use.
Adoption of co-disposal of hazardous wastes does not imply uncontrolled receipt of waste. The matters set out in Policy 3 will ensure that, on every occasion, an appropriate level of waste management is exercised to avoid or mitigate significant adverse effects associate with that disposal.
Policy 4 recognises that while adverse effects associated with contaminated sites are largely addressed in Taranaki, there may be occasions, over time, for new potentially contaminated sites to be identified or proposed changes in land use of existing sites that increase risks of adverse effects. In such cases, these sites will be investigated, and remedial or mitigation action taken to address potential adverse environmental effects. The degree of risk and the need to take action may create significant economic penalties without offsetting any environmental benefits.
In prioritising remedial and mitigation action to be taken (e.g. site rehabilitation) for the management of contaminated sites, the matters listed in Policy 5 will be considered.
Policy 6 ensures that no new contaminated sites are created in Taranaki, as a liability for current or future generations.
Related policies
Policy 1 of Section 5.2 [Soil health]; Policies 3 and 4 of Section 6.2 [Surface water quality]; Policy 1 of Section 7.1 [Air quality]; Policies 1 and 2 in Section 9.1 [Indigenous biodiversity]; Policy 1 of Section 12 [Waste management]; Policy 2 of Section 15.2 [Physical infrastructure of regional significance].
Methods of implementation
The Taranaki Regional Council will:
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Maintain a regional plan or plans with objectives, policies and methods of implementation addressing the discharges of contaminants to the environment, including hazardous substances, and addressing on-going contamination arising from past discharges.
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Apply regional rules to regulate the discharge of hazardous substances.
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Include provisions in the Regional Waste Strategy for Taranaki setting out management actions and targets for the substitution, re-use, recovery and/or recycling of hazardous substances.
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Consider, in conjunction with the territorial authorities of the region, the provision of a collection and/or reception service for redundant hazardous waste.
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Include provisions in the Regional Waste Strategy for Taranaki setting out management actions and targets for th substitution, re-use, recovery and/or recycling of hazardous substances.
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Identify, investigate, monitor and gather information on all known or potentially contaminated sites and their management.
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Maintain a register of selected land uses which contains all sites know to the Council where it is considered there has been the potential for contamination and include in the register details of all investigations and assessments carried out for each site and the categories of each site according to Ministry for the Environment guidelines. Such a register will be updated and accessible to territorial authorities to assist in their land management functions.
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Provide advice and information to landowners, resource users and the public on alternatives to the use of hazardous substances and the recovery of hazardous substances.
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Advocate as appropriate to manufacturers and suppliers of agrichemicals, fertilisers and other agricultural compounds, the strengthening of the education and information provision role they play with a view to minimising the likelihood and potential effects on the environment of the application and use of agrichemicals, fertilisers and agricultural compounds.
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Advocate to central government the establishment of a nationally accessible intractable waste treatment and disposal service.
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Consider exercising the optional inspection and enforcement role available to regional councils under Hazardous Substances and New Organisms Act 1996. |
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Management responsibilities - storage, use, disposal or transportation of hazardous substances In accordance with section 62(1)(i)(ii) of the Resource Management Act, the three territorial authorities of the region will be responsible for specifying objectives, policies and methods for the control of the use of land to prevent or mitigate the adverse effects of the storage, use, disposal or transportation of hazardous substances except where the control of the use of land relates to the Taranaki Regional Council's functions under the Act regarding:
The Taranaki Regional Council is responsible for managing discharges of hazardous substances where they are discharged to land, air or water. |
Territorial authorities will consider the following method:
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Include provisions in district plans for the control of the use of land to avoid, remedy or mitigate the adverse effects of the storage, use, disposal or transportation of hazardous substances. |
Territorial authorities may also wish to consider the following methods:
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Adopt appropriate trade waste bylaws to control the discharge of hazardous substances into the municipal sewerage systems.
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Include in building consents under the Building Act 2004, conditions relating to the use and storage of hazardous substances.
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Consider, in the preparation of district land transport programmes, methods to prevent or mitigate any adverse effects of the transportation of hazardous substances.
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Consider, in the preparation of district plans, provisions for the management of contaminated or potentially contaminated land in accordance with information gathered from investigations, monitoring, or other sources including those identified through Method 6. |
Principal reasons for adopting the objective, policies and methods
The objective, policies and methods of implementation establish a policy framework for the management of hazardous substances and contaminated sites.
While some regional rules apply as a backstop to controlling significant adverse effects associated with hazardous substances and contaminated sites, the policies and methods principally focus on working with territorial authorities (which are the regulatory and consent granting authorities responsible for controlling the use of land for the prevention or mitigation of any adverse effects of the storage, use, disposal or transportation of hazardous substances) to implement a regional-wide approach to the management of hazardous substances use and disposal.
The policies and methods build on current approaches to this issue. They have proved to be effective to date in terms of promoting integrated management and achieving desired environmental outcomes and are considered appropriate having regard to their efficiency and effectiveness and their benefits and costs.
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Environmental results anticipated HZC ER 1 A reduction in the incidence and magnitude of adverse environmental effects arising from the use, storage, transportation and disposal of hazardous substances. HZC ER 2 Reduced volumes of hazardous waste requiring disposal. HZC ER 3 All known high-risk contaminated sites will be effectively managed. |