HAZARDOUS SUBSTANCES AND CONTAMINATED LAND

Transcription

1 OCTOBER PART 16 HAZARDOUS SUBSTANCES AND CONTAMINATED LAND Comment [AB1]: The Oil Companies ENV-2015-AKL Contact Energy Limited ENV AKL INTRODUCTION It is recognised that the storage, use, disposal or transportation [288.28] of hazardous substances is an accepted and essential part of many primary industrial [288.28] and rural activities such as farming, forestry and horticulture. Hazardous substances are required to be managed to ensure that the districts industries are able to continue to produce high quality output without compromising the district s sensitive environments including our lakes, rivers, streams, wetlands and geothermal areas that are sensitive to contamination from hazardous substance spillage within their catchment. Most industrial land use activities in the district are located within or in close proximity to the Lake Rotorua water catchment. In addition, agricultural activities can require the storage and use of substantial amounts of hazardous substances. Several of the lake catchments within the Rotorua district contain farming activities which, if there was a spill or accidental release of hazardous substances, would impact on sensitive lake and river systems. There are also a number of land use activities which use hazardous substances within some of the District s groundwater recharge areas, which are also used as potable water supplies. Some of these areas are also within a lake catchment. The Hazardous Substances and New Organisms Act 1996 (HSNO) governs the management of hazardous substances. It sets minimum performance standards for all hazardous substances, regardless of where they are used, stored, transported or disposed of; i.e. they are not site specific. Regulations for hazardous substances under HSNO are administered primarily by the Environmental Protection Authority and the Department of Labour Work Safe NZ. [288.28] The Resource Management Act 1991 (the Act) governs the management of hazardous facilities at a regional and district level. The Act is focused on site-specific controls on the use of land, and on managing risks to the local environment. It requires councils to take an effects-based approach to managing hazardous facilities. The threat of a fire, explosion, liquid spill [288.28] or toxic gas release is the hazard; while the probability of this occurring and the consequences of such an incident is the risk. Risk can range from low to high levels of risk. The two Acts work together. HSNO provides the framework for managing hazardous substances anywhere in New Zealand, and the Act, through the district plan, provides additional controls for hazardous facilities at the particular site. These controls may vary from industrial activities to residential areas or natural areas worthy of conservation, depending on the local environment and its level of sensitivity. Under Section 142 of HSNO, where necessary, more stringent measures than those required under the provisions of the HSNO Act and regulations may be imposed to manage the risk to more sensitive environments. The Act gives the regional and district councils shared responsibilities and functions for managing hazardous facilities as well as dealing with contaminated sites land. [450.3] Rotorua District Council has two relevant functions under section 31 of the Act relating to hazardous substances and contaminated land. These are to control any actual or potential effects of the use, development, or protection of land for the purpose of: 1. Preventing or mitigating any adverse effects of the storage, use, disposal or transportation [288.28] of hazardous substances; and

2 OCTOBER Preventing or mitigating any adverse effects of the development, subdivision or use of contaminated land. Section 30 of the Act assigns other functions to regional councils relating to hazardous substances and contaminated land. In addition to the above, regional councils have the added functions of investigation of land for the purposes of identifying and monitoring contaminated land and also controlling discharges of hazardous substances into water, onto land in circumstances which may result in contaminants entering water, or into air. Both the Bay of Plenty Regional Council (BoPRC) and Waikato Regional Council (WRC) maintain Selected Land Use Registers for contaminated sites. The BoPRC Regional Policy Statement requires territorial authorities to regulate activities using or storing hazardous substances, or disposing of hazardous waste, through the district plan, the land use consent process and provisions of other legislation. The Waikato Rregional Pplan also describes the role territorial authorities play working in partnership with WRC and other stakeholders to develop strategies for managing risk on contaminated land; including seeking site assessments prior to allowing subdivision or redevelopment of land where any historical use may have caused land contamination. Under the Water Services and Trade Waste Bylaw 2010, Rotorua District Council also regulates discharges, including trade waste, hazardous substances, wastewater, geothermal fluids and stormwater into Rotorua District Council Wastewater Services. This is required to ensure conditions of discharge consents council holds on behalf of the community are complied with. Compliance with council s discharge consents ensures waterways and lake water quality is safeguarded. The bylaw is administered as an asset management function of council and does not remove any requirement to comply with the district plan in terms of this section or any regional council requirements. The issues detailed below have shaped the hazardous substances policy framework. While many issues have required consideration, and the objectives and policies are comprehensive, most are related to achieving one of the following major outcomes: 1. To clarify council s role in managing the land use aspects of hazardous substances, and avoid duplication of the responsibilities of other agencies. 2. To advise the community when resource consent will be required for the amount and type of substances to be stored managed on a site. [288.28] 3. To achieve acceptable risk levels to human health and safety from hazardous substance incidents. [288.28] 34. To protect the lakes and water bodies from spillages and prevent land from becoming contaminated by hazardous substances. 45. To inform the community on how to manage spillage or leakages and identify ways to avoid these events. 56. To prevent or mitigate adverse effects and significant risk on human health and the receiving environment from land that has contaminated soil.

3 OCTOBER KEY ENVIRONMENTAL ISSUES Protection of the Environment from Short & and Long-Term Damage Caused by Hazardous Substances If not managed effectively hazardous substances have the potential to cause short or long-term damage to the environment and ecosystems. This can be caused by the accidental, unintentional or uncontrolled release of hazardous substances resulting in contamination of water, soil and air or risk of fire and explosive events [288.28] There will be some locations such as next to waterways, above aquifers or closed to environmentally sensitive areas such as Rotorua s lakes, rivers, streams and wetlands where risks will be unacceptable. Indirect effects also need to be managed to avoid the accumulation of a substances or sediment within sensitive environments Protection of Human Safety/Health & and Property from Adverse Effects/Risk caused by Hazardous Substances [288.28] Hazardous substances need to be responsibly managed in terms of how they are handled, stored and disposed of which extends to planning for sites and facilities. Of importance is the awareness of environmental risk associated with the storage, use, disposal or transport of hazardous substances, and how best to mitigate or reduce these risks. If not managed effectively, hazardous substances have the potential to cause damage to human health and property. This can occur through: 1. Unintended ignition or explosion resulting in heat and overpressure; or Toxic material being released directly or indirectly resulting in acute health effects; or 2. The accumulation of persistent substances in the bodies of humans and animals, resulting in chronic and/or long-term damage to health. It may also be important to protect existing hazardous facilities, or areas identified for major hazardous facilities, from encroachment of more sensitive land uses. Existing facilities may need some assurance that they can continue their lawfully established activities without unreasonable constraints due to changes of land use activities potentially affected by hazardous substance risks. [288.28] [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Avoid Future Site Contamination by Hazardous Substances Council is responsible for ensuring the appropriate location for disposal facilities, and ensuring that activities using hazardous substances have appropriate options for disposal identified. The Hazardous Facility Screening Procedure Performance standards, assessment criteria and consent conditions, if consent is required, [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] can be used to assess manage the likely effects of hazardous substances at all stages of a process including raw materials, production, storage and use. There are other controls and legislative requirements for transport and disposal of hazardous substances. [288.28] In general, hazardous facilities are permitted in a zone where: 1. The performance standards for hazardous substances can effectively control any potential adverse effects; and 2. Where t The potential level of risk is at an acceptable level for each respective zone; and[288.28] 3. The health and safety of the community and the environment will not be adversely affected. In determining this, the objectives and policies of the particular zone concerned and the relevant objectives and policies of zones

4 OCTOBER adjoining that zone, along with the facility s characteristics and location on site, will be taken into account. The activity status of a number of hazardous facilities is identified in Table of section It is determined as follows: [288.28; The next two paragraphs were moved here from the end of this section] 1. A number of other activities are deemed to be well managed under voluntary industry Codes of Practice and compliance with such codes has been demonstrated to avoid, remedy or mitigate risks related to the storage and use of hazardous substances on the environment and on the health and safety of the community. Such activities, are identified as Controlled activities. [288.28] 2. There are also a number of identified activities that are of a temporary or short term duration at any one location. The current management practices of these activities present a short term risk on the environment and health and safety of the community. Such activities are to be Permitted activities in this part. [288.28] All applications for new facilities for hazardous substances will be assessed by the Hazardous Facility Screening Procedure regardless of the size, substance(s) or processes proposed except where explicitly exempted [FS56.7] All other proposals for new hazardous facilities need their activity status determined through the Activity Status Table (Table ). The Activity Table specifies aggregate quantities for each hazard class and their corresponding activity status. Only those activities Facilities which exceed specified quantity levels of risk beyond their site boundary as determined in this part of the district plan, require consent and are to be subjected to more detailed scrutiny or assessment, and additional controls may be applied. [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] The further scrutiny or assessment shall needs to take account of both the probability and the effects of potential accidents involving hazardous substances and the proposed measures to mitigate and manage such risks. The assessment of any application for a hazardous facility will focus on risk mitigation measures and emergency plans. Management and operational practices of the facility will also be assessed to identify where risks may be avoided. The assessment will determine whether or not to grant a resource consent and or otherwise, will consider whether any off-site risks presented by a hazardous facility are adequately managed. There are a number of activities involving hazardous substances for which assessment through the Hazardous Facility Screening Procedure is not appropriate and for which does not apply. The HFSP is not appropriate because the potential effects they generate are below the trigger levels established in the Activity Status Matrix, or they are managed and controlled by other legislation[consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] [ ] A number of other activities are well managed under voluntary industry Codes of Practice and compliance with such codes has been demonstrated to avoid, remedy or mitigate risks related to the storage and use of hazardous substances on the environment and on the health and safety of the community. Such activities, are identified as Controlled activities. [This has been moved to paragraph 1 of this section] There are also a number of identified activities that are of a temporary or short term duration at any one location. The current management practices of these activities present a short term risk on the environment and health and safety of the community. Such activities are to be Permitted activities in this part[this has been moved to paragraph 2 of this section] Existing Facilities Hazardous facilities existing as at March 2002 will not be subject to the Hazardous Facility Screening Procedure Activity Status Table unless they expand or alter their

5 OCTOBER activities. [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Protection of Human Health & and the Environment from the Risks of Contaminated Land Contaminated land is land that has a hazardous substance in or on it that has, or is likely to have significant adverse effects on human health and the environment. Use, subdivision and development of contaminated land can potentially expose people and the environment to increased levels of contaminants. The development of land can expose previously contained contaminants, discharge contaminants within or outside the site, and result in the movement of contaminated soils into inappropriate areas. Earthworks and change of use on contaminated land can create an exposure pathway from the contaminant to people and the receiving environment. There is a National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) which took effect on 1 January The objective of the NES is to ensure land affected by contaminants in soil is appropriately identified and assessed when soil disturbance and/or land development activities take place and if needed remediated or the contaminants contained to make the land safe for human use. This NES focuses on the risk to human health and is to be implemented by council in accordance with the section 31 functions under the Act. The NES provides controls that direct the requirement for consent or otherwise for activities on contaminated or potentially contaminated land. A resource consent may be required for use, subdivision or development of contaminated land, unless the activity is exempt; for example where there is no change of use for production land. To identify potentially contaminated land, the NES has adopted the Hazardous activities and Industries List based on the current edition prepared by the Ministry for the Environment, commonly known as HAIL. A copy of HAIL is on the Ministry for the Environment web-site and in Appendix C to the NES Users Guide for Assessing and Managing Contaminants in Soil to Protect Human Health. Sites which have an activity or industry described in HAIL, which is being or has been undertaken, may are potentially contain contaminated land and this. Potentially contaminated land [450.3] includes where it is more likely than not that an activity or industry in the HAIL is being or has been undertaken on it. Those sites where activities or industries are confirmed on HAIL will require further information through a preliminary site investigation and/or soil sampling to determine if the piece of land is contaminated and what level of risk is posed to human health and the receiving environment. Contaminated land is where there is confirmed contamination through soil investigations or listed as confirmed contamination by the regional council. Both Environment Bay of Plenty and Waikato Regional Councils keep a Selected Land Use Register which lists all confirmed contaminated sites.

6 OCTOBER OBJECTIVES & and POLICIES The specific objectives and policies for hazardous facilities and activities relating to contaminated land are stated below. The objectives and policies below shall be read in conjunction with the provisions in the other parts of this plan, including the relevant zone chapter, Part 1 to 3, and the technical requirements in Parts 13 to 17. [288.28; 288.2] Protection of the Environment From from Short & and Long-Term Damage Caused by Hazardous Substances Objective Rotorua s lakes, rivers and the margins, and other sensitive environments protected from unacceptable adverse effects and risks from facilities and activities [evidence by 450.5] involving the use and/or storage, disposal and transport of hazardous substances. Policy Policy Policy Policy Policy Identify through the use of the Hazardous Facilities Screen Procedure Activity Status Table those facilities which could pose a risk to the natural environment or to public health and safety.[consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Ensure hazardous facilities and activities [evidence by ] involving the use, storage and/or disposal of hazardous substances are located, designed, constructed and managed and controlled [450.22]in such a way that avoids, remedies or mitigates adverse effects and unacceptable risks to the environment, including: contamination of water, soil and air; short and long-term damage to ecosystems; damage through fire and explosion events.; and the Districts lakes and waterbodies waterbodies [288.28] Promoting a clean production ethic and best practice methods appropriate to the environment of the district for all hazardous facilities. Ensure adverse cumulative effects from hazardous facilities and activities [evidence by 450.5] involving the use, storage, disposal and transport of hazardous substances on the environment and on the health and safety of the community are avoided, remedied or mitigated. Avoid locating hazardous facilities and substances where levels of risk are incompatible with those of surrounding land use activities and identified natural hazards. [288.28] Protection of Human Health & and Property From from Adverse Effects/Risk Caused by Hazardous Substances Objective Protect the Rotorua community and its assets from adverse effects and unacceptable risks from hazardous facilities and substances.[288.28] Policy Ensure hazardous facilities and activities involving the use and/or storage of hazardous substances [288.28]are located, designed,

7 OCTOBER constructed [450.23] and managed in such a way that avoids, remedies or mitigates adverse effects and unacceptable risks to human health and property, including: Damage through fire and explosion events Accumulation of persistent substances in the bodies of humans and animals, resulting in chronic and/or long-term damage to their health Acute damage to human health through exposure to substances affecting skin, mucous membranes, respiratory and digestive systems Events at hazardous facilities triggered by natural hazards which result in adverse effects of hazardous substances [288.28] Policy Avoid the establishment of sensitive land uses in close proximity to existing hazardous facilities or areas identified for hazardous facilities, to allow such facilities to carry out their operations without unreasonable constraints. [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] [288.28] Avoid Future Site Contamination by Hazardous Substances Objective Minimise the adverse effects of site contamination and pprevent future site land contamination or where it cannot be avoided, mitigate the adverse effects.[450.7] [Evidence presented by submitter 450.7] Policy Avoid the potential for further contamination of sites land [450.24] by controlling hazardous substance storage, use, disposal and transportation. Comment [AB2]: The Oil Companies ENV-2015-AKL Policy Require where appropriate the remediation of contaminated land as prerequisite to its redevelopment [450.25] Protection of Human Health & and the Environment From from the Risks of Contaminated Land Objective Prevent or mitigate adverse effects and significant risk from contaminated land on human health and the receiving environment. Policy Policy Policy Ensure use, subdivision and development of contaminated land is managed or restricted in such a way to prevent or mitigate adverse effects and significant risk on human health and the environment. Ensure contaminated land is managed or remediated or contained or disposed off-site, to prevent or mitigate adverse effects and significant risk from contaminated land on human health and the receiving environment, so that the land is fit for the purpose intended. Ensure potentially contaminated land is identified and investigated, to determine if the piece of land is contaminated, and what level of risk is posed to human health and the receiving environment for the proposed use, subdivision or development.

8 OCTOBER ENVIRONMENTAL OUTCOMES 1. No increase in Reduce the risk to the environment or human health and property as a result of the adverse effects of hazardous substances or contaminated land. [246.24] 16.5 RULES Table , and identifies the status of activities which are provided for in this part of the plan. [288.2] Refer to paragraph that outlines how the activity status of hazardous facilities is determined through Table and Refer to paragraph and that outlines when existing hazardous facilities would require consent. [288.2] In Table , Table and Table : The following abbreviations are used for classes of activities in activity Table and : P = Permitted C = Controlled RD = Restricted Discretionary D = Discretionary Pro = Prohibited NC = Non-complying NA = Not Applicable [288.2] The activity classes in Table and are explained in the User Guide at the front of the plan. [288.2] Meanings for the technical terms used below can be found in section and in addition, meanings for other terms can be found in Part 17 Definitions Rules for Activities on Contaminated & and Potentially Contaminated Land in all Zones The following rules specify the status for activities on land that is potentially or actually contaminated because an activity on the HAIL is, has or may have occurred. The rules apply to all zones within the district. For the avoidance of doubt rules below apply in addition to other zone specific rules. The users of this district plan are advised that, notwithstanding any provision in this plan, no activity shall contravene any rule in any relevant regional plan, or proposed regional plan. District plan rules do not negate the need for compliance with all other relevant legislation or bylaws. Comment [AB3]: The Oil Companies ENV-2015-AKL

9 OCTOBER Table : Activities on Contaminated Land & and Potentially Contaminated Land Comment [RS4]: The Oil Companies ENV-2015-AKL Activities Activities on Contaminated Land & and Potentially Contaminated Land 1. Activities on contaminated land or potentially contaminated land: The removal or replacing of a fuel storage system; The sampling of soil; Disturbing the soil; The subdivision of land; and/or The change of use Where these activities are conducted in accordance with the permitted activity requirements of the NES for Assessing and Managing Contaminants in Soil for to Protect Human Health [288.28] 2. The continued use, subdivision and development of production land that continues to be used for production 3. The use, development and occupation of contaminated land that is a lawfully established existing use where Section 10 or 10A of the Act applies 4. The removal or replacing of a fuel storage system; the sampling of soil; disturbing the soil; the subdivision of land; and/or the change of use on land which does not comply with Rule and fails to meet regulation 8 requirements of the NES for Assessing and Managing Contaminant in Soil to Protect Human Health, but provides a detailed site investigation report stating that the soil contamination does not exceed the applicable standard in regulation 7 of the NES, in accordance with regulation 9 of the NES [288.28] 5. The removal or replacing of a fuel storage system; the sampling of soil; disturbing the soil; the subdivision of land; and/or the change of use on land which does not comply with Rule and fails to meet regulation 8 requirements of the NES for Assessing and Managing Contaminant in Soil to pprotect Human Health, and which provides a detailed site investigation report stating that the soil contamination exceeds the applicable standards in regulation 7 of the NES, in accordance with regulation 10 of the NES [288.28] 6. The removal or replacing of a fuel storage system; the sampling of soil; disturbing the soil; the subdivision of land; and/or the change of use on land which does not comply with Rule and fails to meet regulation 8 of the NES for Assessing and Managing Contaminant in Soil to Protect Human Health and does not provide a detailed site investigation, and in accordance with regulation 11 of the NES [288.28] All Zones P P P C RD D

10 OCTOBER Rules for Activities Involving the Use, Storage, Disposal or Transportation Transport of Hazardous Substances in all Zones [288.28] The following Rules specify the status for activities involving the use, storage, disposal or transport of hazardous substances in all zones within the district. For the avoidance of doubt, the rules below apply in addition to other zone specific Rules. The users of this district plan are advised that, notwithstanding any provision in this plan, no activity shall contravene any Rule in any relevant regional plan, or proposed Regional Plan. District plan rules do not negate the need for compliance with all other relevant legislation or bylaws. The activity status of a number of hazardous facilities is identified in Table and existing facilities are subject to the rules stated in section All other proposals for new hazardous facilities need their activity status determined through the Activity Status Table For further clarification, refer to the explanation below Table [288.2] Activities that are permitted or controlled in terms of Table must meet the performance standards under section Any permitted or controlled activity that does not meet the Performance Standards will be discretionary. [In response to the evidence presented against the performance standards as outlined in appendix 2 of submitter 450 s evidence; ; Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Comment [AB5]: The Oil Companies ENV-2015-AKL

11 CLASS OCTOBER Table Effects Ration Triggers for Consent Status Hazardous Facilities Activity Status Table[Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Comment [AB6]: The Oil Companies ENV-2015-AKL Federated Farmers of NZ, ENV-2015 AKL HAZARDOUS SUBSTANCE PROPERTY LAND USE INDUSTRIAL COMMERCIAL/RURAL RESIDENTIAL, SENSITIVE HSNO Subclass Permitted Controlled Discretionary PermittedControlled Discretionary Permitted Discretionary 1.1 (all-storage) < >0.1 < > >0 EXPLOSIVE (all-storage) < >1 < >0.4 0 >0 1.3 (all-storage) < >3 < >1 0 >0 FLAMMABLE (GASES) (AEROSOLS) 2 1.2/1.3 with 1.1* < >0.1 < > >0 2.1 (all) 2.1 (within 50 m of m.s.z.) <1/ 2,000 <0.2 /400 5/ 10, / / /10,000-20,000 >2/ 4,000 <0.5 /1000 >0.5/1000 <0.1/200 >5/ 20,000 <2/ 4, / / All other nonhazardous 2-4/4,000-8,000 >1/ 2,000 <0.02/40 >0.02/40 >0.2/400 na na >4/ 8,000 <0.1/200 >0.1/200 LPG <3 3-6 >6 < >3 <0.2 >0.2 LPG (within 50 m of m.s.z.) <1 1-2 >2 < >1 na na 3.1A, 3.1B < >12 <2 2-4 >4 <0.1 > A/B (within 50 m of m.s.z.) <2 2-4 >4 < >1.2 na na FLAMMABLE 3 3.1C < >40 < >12 <0.3 >0.3 (LIQUIDS) 3.1D < >120 < >40 <1 >1 3.2 (all) <3 3-6 >6 <1 1-2 >2 <0.05 > (all) <3 3-6 >6 <1 1-2 >2 <0.05 >0.05 FLAMMABLE (all) <1 1-2 >2 < >1 <0.02 >0.02 (SOLIDS) 4.3 (all) <1 1-2 >2 < >1 <0.02 > Gases <1,000 1,000-2,000 >2,000 < ,000 >1,000 <40 >40 OXIDISING (all) <3 3-6 >6 < >3 <0.05 >0.05 CAPACITY 5.2 (all) <1 1-2 >2 < >1 <0.02 > A < >1 < >0.4 0 >0 6.1 Gases < >600 < >200 0 >0 6.1A (within 50 m of m.s.z.) <0.2/ / >0.4/200 <0.1/ / >0.2/100 0 >0 TOXIC 6 6.1B < >12 <2 2-4 >4 <0.05 > B (within 50 m of m.s.z.) <2 2-4 >4 <1 1-2 >2 na na 6.1C, < >40 < >12 <0.3 > C, (within 50 m of m.s.z.) < >12 <2 2-4 >4 na na CORROSIVE 8 8.1, 8.2A, 8.3 < >12 <2 2-4 >4 <0.05 >0.05 ECO- TOXIC HIGH (>10,000 BOD 5 mg/l) 8.2 B/C < >40 < >20 <0.3 > A, 9.2A, 9.3A, 9.4A < >1 < >1 <0.5 >0.1 (within 30 m of watercourse) < >0.3 < >0.3 <0.1 > B, 9.2B, 9.3B, 9.4B < >20 < >20 <10 >10 (within 30 m of watercourse) <3 3-6 >6 <3 3-6 >6 <3 >3 9.1C, 9.2C, 9.3C, 9.4C < >60 < >60 <30 >30 (within 30 m of watercourse) < >20 < >20 <10 > < >200 < >80 <40 >40 (within 30 m of watercourse) < >80 < >40 <20 >20

12 OCTOBER The measure is in tonnes (t) apart from Class 2.1, 5.1 and 6.1 permanent or compressed gases which are in m 3 at standard temperature/pressure (20 deg. C/1013 kpa) Explanation: The Hazardous Facilities Activity Status Table specifies the combined quantities of hazardous substances use and storage for each hazard category above which the specified consent is required. The rules in Table apply to the activity area (the part of the site that is affected). Refer to the definition of storage and use under section [Evidence by submitter 450] The hazard classification is based on the criteria and numbering as specified in the HSNO Classification Regulations All approved hazardous substances in New Zealand have a HSNO hazard classification. It should be noted that many substances have more than one hazardous property, and the activity status is to be determined for each hazard class. Petrol for example is classified as a highly flammable liquid (3.1A), acutely toxic (6.1E), mildly irritating to skin (6.3B), a suspected human carcinogen (6.7B) and eco-toxic to the aquatic environment (9.1B). Diesel is classified as flammable liquid (3.1D) and also acutely toxic (6.1E), mildly irritating to skin (6.3B), a suspected human carcinogen (6.7B) and eco-toxic to the aquatic environment (9.1B). Industrial include the following zones: Industrial 1, Industrial 2, Business and Innovation Commercial/rural include the following zones: City Centre, Commercial, Industrial 1E, Rural Residential/sensitive include the following zones: Residential. Reserves, Community Assets and Water, designated reserves all means all HSNO subclasses within the class. waterbody means any natural watercourse, including streams, rivers, lakes and aquifers. It does not include stormwater pipes or channels. m.s.z. means more sensitive zone. This includes any land use zones in the district plan which provide for land uses generally considered more sensitive than the one the proposed hazardous facility is located in. It does not include a land use that may be more sensitive than the land uses generally provided for in the zone that activity is located in, for example a café/takeaway bar in an industrial zone. na means not applicable. * Class 1.2 and 1.3 (explosive) substances are to be treated as if they are Class 1.1 substances if they are stored together with any 1.1 substances.

13 OCTOBER Activity Status Matrix for Zones[Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Zone Industrial 2 Business and Innovation (if within 30m of a residential zone) Permitted Activity 1 >1 Discretionary Activity >0.1 (if within 30m of a residential zone) Industrial 1 Rural 1, Business and Innovation 1 and (if within 30m of a residential zone) > 0.75 >0.1 (if within 30m of a residential zone) Commercial 1, 2 and > 0.2 Commercial 3 and 4 City Centre 2 and 3 Rural 2 and 3 Conservation Reserves, Destination Reserves and Community Assets 0.1 > 0.1 City Centre > 0.05 Residential 1,2, 3, 4 and 5 Water > 0.02 Activity Status Matrix for Zones[Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Zone Industrial 2 Business and Innovation 2 Permitted Activity (if within 30m of a residential zone) Discretionary Activity >1 >0.1 (if within 30m of a residential zone) Industrial 1 Rural 1, Business and Innovation 1 and (if within 30m of a residential zone) > 0.75 >0.1 (if within 30m of a residential zone) Commercial 1, 2 and > 0.2 Commercial 3 and 4 City Centre 2 and 3 Rural 2 and 3 ConservationReserves, Destination Reserves and Community Assets 0.1 > 0.1

14 OCTOBER Activity Status Matrix for Zones[Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Zone Permitted Activity 1 City Centre > 0.05 Discretionary Activity Residential 1,2, 3, 4 and 5 Water > Hazardous Facility Screening Procedure [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] In March 2002, council adopted the Hazardous Facility Screening Procedure or HFSP (Land Use Planning Guide for Hazardous Substances, Ministry for the Environment September 1999) to assess all new land use activities involving facilities storing, using or disposing of hazardous substances. The process is set out in section [ ] Council requires applicants for land use activities involving facilities using or storing hazardous substances, to identify any threat to the health and safety of the community and to the environment. The Hazardous Facility Screening Procedure will determine the zone-related activity status and the degree of scrutiny that any application will be subjected to. Matters relating to transportation and disposal of hazardous substances are primarily addressed by other relevant legislation and regional council plans; however, such factors may be relevant when assessing a hazardous facility proposal. The HFSP manages hazardous facilities by categorising the effects of substances into three groups as follows: a. Fire / Explosion Effect Type- concerned with damage to property, the built environment and safety of people; b. Human Health Effect Type - concerned with the wellbeing, health and safety of people; and c. Ecosystem Effect Type - concerned with damage to ecosystems and natural resources and systems Determination of Activity Status Under the Hazardous Screening Procedure [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] All new applications for hazardous facilities shall be assessed in accordance with the Hazardous Facility Screening Procedure in section to establish its Effects Ratio, unless explicitly stated as being excluded from HFSP assessment in Table [ ] The Effects Ratio Trigger in Table R [ ] lists the different Effects Ratio trigger levels for each zone and sets the effects ratio over which requires a discretionary activity resource consent. If the effects ratio is equal to or below that stated as discretionary activity, the activity is a permitted activity.

15 OCTOBER Table : Activities Requiring Hazardous Facility Screening Procedure in Relation to Activity Status Table [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Comment [JO7]: Fonterra Co-Op Group Ltd ENV-2014-AKL Activities Permitted Activities Status HSFSP Assessment Activity Status through AST Required Required To Comply With Performance Standards in section [426.17] 1. Transportation of hazardous substances unless otherwise stated Storage or use of hazardous consumer products for domestic purposes[ej9] 2. Fuel in motor vehicles, boats and small engines such as weedeaters, lawnmowers, chainsaws etcetera 3. Retail outlets for the sale of hazardous consumer products for domestic purposes (such as supermarkets, hardware shops, pharmacies) Storage and/or use of LPG in quantities not exceeding those listed in Table 2.1 of AS/NZS 1596:2008 [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] 4. Pole mounted transformers and street transformers for the transmission of electric power, containing 500 litres or less of transformer oil within the equipment Residential Transformers holding under 500 litres of transformer oil within the equipment. 5. Up to 60kg of UN Class 1 blasting explosives used as one off operations, as controlled under HSNO, associated regulations and the Health and Safety in Employment Act 1992 Facilities using genetically modified or new organisms [s11] P No No P No No P No No P No No P No No P No No P No No P No No P No No Gas and Oil Pipelines [s12] P No No

16 OCTOBER Activities 6. Trade waste sewer facilities such as grease traps and interceptors 7. Use, storage or transportation of hazardous substances by any temporary military training activity Hazardous activities not involving hazardous substances Facilities presenting a dust explosion risk of non-hazardous substances [s13] 8. Storage and processing of milk (including milk products and by-products) O on farms milk or in factories y storage provided any spillage is prevented from entering a water body, or from seeping into groundwater [288.28][Evidence by 343] Status HSFSP Assessment Activity Status through AST Required Required To Comply With Performance Standards in section [426.17] P No No P No Yes P No No P No No P No Yes Agrichemicals Storage, handling and use of agrichemicals on farm, in forest or on orchard (NZ Standard Code of Practice for the Management of Agrichemical NZS 8409:2004 Growsafe ) [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] C No No Hazardous Substances Associated With Bulk Earthworks & and Road Construction Activities 9. The storage or use of hazardous substances in conjunction with bulk earthworks and road construction activities (e.g. road construction and improvement activities) complying with the Performance Standards under Rule R of this part[426.17] 10. The storage or use of hazardous substances in conjunction with bulk earthworks and road construction activities (e.g. road construction and improvement activities) not complying with the Performance Standards under Rule R of this part [426.17] P No Yes RD Yes No

17 OCTOBER Activities Status HSFSP Assessment Activity Status through AST Required Storage & and or Retailing of CNG, LPG Petroleum & and Diesel Facilities Required To Comply With Performance Standards in section [426.17] 11. Storage and/or dispensing facilities for CNG outlets providing CNG storage up to 1,000m³ storage in cascades (AS/NZS 1696:2008 Storage and Handling of LP Gas) 12. Storage and/or dispensing facilities for LPG products at retail outlets providing permitted as per levels in Table and controlled up to 6 tonnes 12,000 litre w/c in a single above ground storage vessel or in exchange facilities for portable LPG cylinders or up to 24 tonnes 48,750 litre w/c in an underground storage vessel provided it complies with AS/NZS 1596:2008 Storage and Handling of LP Gas [450.13; FS560.13] [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] 13. Storage of up to 6 tonnes 12,000 litres w/c of LPG for use in industrial fuel burning equipment provided it complies with AS/NZS 1596:2008 Storage and Handling of LP Gas [450.13;Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] 14. Storage and/or dispensing (facilities) for petroleum products at an fuel retail outlets permitted as per the levels in Table and controlled with up to 74 tonnes 160,000 litres litres [evidence by 450 paragraph 32] in underground storage with 650,000 litres maximum capacity for any individual tankcompartment, provided it complies with: [evidence by 450 paragraph 35-39; ] Below Ground Stationary Container systems for Petroleum - Design and Installation HSNOCOP 44, Environmental Protection Agency, May 2012; and Below Ground Stationary Container Systems for Petroleum - Operation C No No C No No C No No C No No

18 OCTOBER Activities HSNOPCOP 45, Environmental Protection Agency, May 2012 (Code of Practice for the Design, Installation and Operation of Underground Petroleum Systems, published by the Department of Labour OSH and supplements) [450.13] [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Status HSFSP Assessment Activity Status through AST Required Required To Comply With Performance Standards in section [426.17] 15. Storage and /or dispensing (facilities) atof diesel fuel retail outlets in any above ground or underground tank permitted as per the levels in Table and controlled with up to 44 tonnes 50,000 litres litres maximum capacity pprovided it complies as relevant with: Below Ground Stationary Container systems for Petroleum - Design and Installation HSNOCOP 44, Environmental Protection Agency, May 2012; and Below Ground Stationary Container Systems for Petroleum - Operation HSNOPCOP 45, Environmental Protection Agency, May 2012 Above Ground Bulk Tank Containment Systems HSNOCOP24 Above ground stationary tanks with integral secondary containment (Code of Practice for the Design, Installation and Operation of Underground Petroleum Systems, published by the Department of Labour OSH, or Code of Practice for Storage Tanks and Ancillary Equipment, published by the Department of Labour OSH and supplements [450.13] [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] 16. Storage and/or dispensing facilities for Jet A1 fuel and/or Av Gas up to 200,000 litres in above ground storage tanks with 650,000 litres maximum capacity for any individual tankcompartment in the Airport C No No C No No

19 OCTOBER Activities Zone provided it complies with Above Ground Bulk Tank Containment Systems - Ministry for the Environment 1995) [450.13; Evidence by 450 paragraph 35-41] Status HSFSP Assessment Activity Status through AST Required Required To Comply With Performance Standards in section [426.17] 17. Storage and/or dispensing facilities for Jet A1 fuel and/or Av Gas up to 140,000 litres in underground storage tanks with 650,000 litres maximum capacity for any individual tank compartment in the Airport Zone provided it complies with: Below Ground Stationary Container Systems for Petroleum - Design and Installation HSNOCOP 44, Environmental Protection Agency, May 2012; and Below Ground Stationary Container Systems for Petroleum - Operation HSNOCOP 45, Environmental Protection Agency, May 2012 Above Ground Bulk Tank Containment Systems Ministry for the Environment [450.13] [evidence by 450 paragraph 35-41; ] C No No Any storage and or retailing of CNG, LPG. Petroleum and Diesel Facilities not in compliance with all relevant voluntary industry Codes of Practice [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Deter mined by HFSP Yes Yes Hazardous substances associated with teaching, research, and laboratories 18. Storage (not including bulk hazardous substance storage facilities), handling, use, transport and disposal of hazardous substances by teaching, research and hospital laboratories AS Laboratory Construction AS Safety in Laboratories Planning and operational aspects AS Safety in Laboratories Part 2: Chemical aspects AS Safety in Laboratories Part 3: Microbiology C No Yes

20 OCTOBER Activities AS Safety in Laboratories Part 5: Non-Ionising Radiation AS Safety in Laboratories Part 6: Mechanical Aspects AS Safety in Laboratories Part 9: Recirculating Fume Cabinets Status HSFSP Assessment Activity Status through AST Required Required To Comply With Performance Standards in section [426.17] Storage (not including bulk hazardous substance storage facilities), handling, use, transport and disposal of hazardous substances by teaching, research and hospital laboratories not in compliance with all relevant voluntary industry Codes of Practice [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Determi ned by HFSP Yes Yes Activities not meeting Performance Standards 19. Any hazardous facility within Table not meeting the Performance Standards in s [Cl.16] D No No Radioactive Materials 20. Any use or storage of radioactive material with an activity below that specified as an exempt activity in the Radiation Protection Regulations Radioactive material in smoke detectors is exempt from the requirements of these activities 22. Any use or storage of radioactive material with an activity in excess of that specified as an exempt activity in the Radiation Protection Regulations 1982 and less than 1,000 terabecqueral 23. Any facility using radioactive material with an activity in excess of 1,000 terabecqueral (1 x ) P No No P No No D No No Pro No No

21 OCTOBER Existing Hazardous Facilities [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] Existing hazardous facilities are not subject to the HFSP do not require land use consent for the management of hazardous substances where sections 10 or 10A of the Resource Management Act 1991 apply. Intermittent storage or use of hazardous substances (regardless of the length of time in between the activities), if part of a lawfully established facility does not trigger a new consent requirement. In this regard it is noted that council adopted the use of the HFSP into the District Plan in 9 December As a guide to determining whether any existing hazardous facility which substantially alters its operation, and has effects that are no longer the same or similar in character, intensity and scale to those that existed previously, the following matters will need to be considered: a. Any increase in the effects ration aggregate quantity for a hazard category which would move the activity from one activity status to a higher one; b. Whether the increase in itself would be sufficient to trigger the requirement for a consent; and [288.2] c. Whether the activity complies with all Hazardous Substances performance standards.

22 OCTOBER PERFORMANCE STANDARDS Permitted or controlled activities undertaken within the district shall comply with all of the following performance standards.[288.2] Contaminated and Potentially Contaminated Land [288.2] In addition to the below standards, aany activity on contaminated or potentially contaminated land that is stated as permitted in Table consisting of hazardous substances shall comply with the National Environmental Standard for Assessing & and Managing Contaminants in Soil to protect human health.[450.17] Performance Standards for Activities Involving the uuse, Storage, Disposal or Transportation of Hazardous Substances in all Zones 1. Site Design & and Management 1. The following Site Design and Management standards are in addition to, and not in substitution of the performance standards of the relevant zone and other legislation that deals with hazardous substances. Any part of a site where hazardous substances are contained, used or stored, or otherwise handled shall be designed, constructed and managed to prevent any adverse effects extending outside the area where the particular activity is to be carried out and shall be protected by a spill containment system. The spill containment system shall include at least the following: a. Be constructed from impervious materials that are resistant to the hazardous substances involved; and b. Be able to effectively contain 125% of the volume the content of all containers (e.g. drums, tanks) containing hazardous substances within the spill containment area at all times, or if the containment area is covered then the volume will be 100%, or where drums or other containers are used, the spill containment system shall be able to contain the maximum volume of substances stored; and [evidence by submitter 450 and evidence by consultant] c. Be designed, constructed and managed so that any spill or release of any hazardous substance and any stormwater that may have entered and become contaminated in the spill containment system is: i. Prevented from discharging into or onto land or groundwater, into any water body, or into any potable water supply unless permitted by a Rule in a regional plan or proposed regional plan or a regional resource consent has been obtained; and ii. Prevented from entering the stormwater drainage system unless allowed by the Network Utility Operator, or by a Rule in a regional plan or Proposed Regional plan or a regional resource consent has been obtained. d. Be able to meet the HSNO Act requirements and regulations, and the Ministry for the Environment standards including NZS 8409:2004 Management of Agrichemicals where relevant. [288.28] 2. Other than the storage and dispensing of LPG carried out in accordance with AS/NZ 1596:2008 LP Gas Storage and Handling, and HSNO Act requirements and regulations, [288.28] uunderground storage tanks shall be designed and constructed to contain any leakage. A leak detection system shall be integrated into the design of the tank and backed up with an effective monitoring programme. Underground tanks for storage of Comment [AB8]: The Oil Companies ENV-2015-AKL Comment [AB9]: The Oil Companies ENV-2015-AKL

23 OCTOBER petroleum products shall be designed, constructed and managed in accordance with the Below Ground Stationary Container Systems for Petroleum - Design and Installation HSNOCOP 44, Environmental Protection Agency, May 2012 and Below Ground Stationary Container Systems for Petroleum - Operation HSNOPCOP 45, Environmental Protection Agency, May 2012 [Evidence by submitter 450]Code of Practice for Design, Installation and Operation of Underground Petroleum Systems, Department of Labour Occupational Safety and Health (1995), and any requirements of HSNO Act and regulations. 3. All stormwater grates shall be clearly marked to ensure that hazardous substances are not inadvertently released into the stormwater system. 4. The part of the site where vehicles, equipment or containers (that are or may have become contaminated with hazardous substances) are washed, shall be designed and constructed so that any contaminated effluent from the wash-down area or washing facility cannot be discharged into the stormwater system, into a sewer, into or onto land, into groundwater or any water body, or to a potable water supply unless the discharge is permitted by a Rule in a regional plan or proposed regional plan or by a resource consent, or allowed by the Network Utility Operator. Advice note: [288.28] Provided that the following shall apply in the specified instances It is anticipated that the following practices will occur in relation to site design and management: a. The storage and dispensing of LPG carried out in accordance with AS/NZ 1596 : 2008 LP Gas Storage and Handling, and HSNO Act requirements and regulations; or b. The implementation of best management practices during operation Use of vehicles such as mobile trailer fuel tanks, asphalt trucks, bitumen spray trucks and bulk tanker trailers, where best management practices during the operation of these vehicles shall be employed. [Evidence by 450] 2. Waste Management Any waste including trade wastes or waste containing hazardous substances, shall comply with any relevant requirements of HSNO Act and regulations, and NZS 8409:2004 Management of Agrichemicals (where relevant), and shall be managed so they are not: a. Discharged on to land or into any stormwater drain; or b. Discharged into sewers serviced by the Rotorua Wastewater Treatment Plant unless authorised under council s Water Services and Trade Waste Bylaw 2010; or c. Contrary to Part 1415 Network Utilities of this district plan; or d. Discharged into or onto land, groundwater, any water body, or potable water supply unless a resource consent from a regional council allows otherwise, or the discharge complies with Appendix S of NZS 8409:2004 Management of Agrichemicals. The storage of any waste containing hazardous substances shall be in a manner that prevents: i. The exposure to ignition sources; ii. iii. The corrosion or other alteration of the containers used for the storage of waste; The unintentional release of the waste.

24 OCTOBER Wastes containing hazardous substances shall be disposed of within the Rotorua District only in facilities formally approved by the Rotorua District Council, unless covered by a resource consent issued by a regional council. 3. SignsSignage All hazardous facilities shall be sign posted to indicate the nature of the substance stored, used or otherwise handled; and shall be in accordance with the Environmental Rick Management Authority (ERMA) Protection Authority (EPA) approved Code of Practice for Signage for Premises Storing Hazardous Substances and Dangerous Goods HSNO COP ; and any requirements of the HSNO Act and regulations. All signs required to comply with this provision will be exempt from the signssignage provisions within the zone/s the activity locates. 4. Fire Safety All hazardous facilities where flammable hazardous substances are either stored or used hall have adequate fire safety equipment in place. [288-28; ] 5. Risk Assessment [288.28; This section has moved to ;Evidence in Appendix 2 (Assessment Criteria) of submitter 450] A risk assessment, identifying any risk to the environment or health and safety of the community shall be required with any resource consent. The level of detail required will depend on the scale and intensity of the effects of the proposed land use activity or hazardous facility. A risk assessment shall include an assessment of the following matters: a. Separation distances to people sensitive activities, especially land use activities such as schools, rest homes, hospitals, marae and shopping centres; and b. The location of the land use activity or hazardous facility in relation to the aquifers, streams or lakes; and c. The nature of the site s subsoil and/or geology; and d. The distance to sensitive habitats in the area or water catchments; and e. The cumulative and/or synergistic effects, biotoxicity eco-toxicity, and bioaccumulation of hazardous substances used or stored; and f. Fire safety and fire water management; and g. The extent to which the adherence to health and safety, code of practice or environmental management systems is relevant to the particular circumstances of the application or will lead to improved environmental outcomes. Where appropriate, the council recommends the use of a national and/or international standard, such as the NZCIC Responsible Care Programme, the ISO 9000 system, the ISO system, the ISRS system and the BS 7750 system, as well as compliance with the requirements of the HSNO Act and regulations. The council will give consideration to any other alternative site management system which will achieve the same intent of any of the above systems; and h. Spill contingency and emergency planning, monitoring and maintenance schedules; and i. Site drainage and off-site infrastructure (e.g. stormwater, sewer type and capacity); and

25 OCTOBER j. The level of risk associated with the transportation of hazardous substances, both for the roading network and for the amenity and environment through which the transport route concerned passes; and k. Management of hazardous wastes and off-site disposal. [288-28; ] 46. Emergency & Evacuation Management Plans [288.28] All hazardous facilities shall have an emergency and evacuation management plan in place which deals with possible onsite [s20] accidents involving hazardous substances. [288.28] Details for design, construction and operation of any relevant aspect of structures, systems or procedures for the management of hazardous substances may need to be certified by a suitably qualified engineer, to achieve the above. This applies primarily for significant developments which would be permitted activities based on substance quantity alone. [288.28] Comment [JO10]: The Oil Companies ENV-2015-AKL

26 OCTOBER CONTROLLED ACTIVITIES: METHOD OF ASSESSMENT The matters over which council shall reserve its control are stated in Rule and [ ]. In addition controlled activities shall comply with the performance standards in the zone. Controlled activities are identified in 16.5 above and shall comply with the performance standards in 16.6this part, unless stated otherwise in table The Council must grant consent but may impose conditions in relation to matters over which it has reserved its control. The matters over which council reserves its control are stated in this section.[288.28] Matters of Control for Specific Activities 1. Hazardous Facilities [288.28] a. The proposed operation and site layout. b. The sensitivity of the surrounding natural, human and physical environment. c. Separation distances and the type of environment/number of people potentially at risk from the proposed facility. d. Potential hazards and exposure pathways arising from the proposed facility. e. Potential cumulative hazards presented in conjunction with neighbouring facilities. f. Proposed emergency management planning (spills, fire and other relevant hazards). g. Proposed monitoring and maintenance schedules. h. Demonstration that safe routes have been selected and will be used for the transport of hazardous substances on and off-site. i. Proposed waste management. j. Compliance with relevant Codes of Practice and standards. k. Interaction with natural hazards, as applicable in the location Land Contamination Matters Over Which Control is Reserved [288.28] Council may impose conditions in relation to: [288.28] a. The effects of contamination on human health. b. Adequacy of the detailed site investigation and risk assessment. c. How the activity must be managed, monitored and reported on. d. The transport, disposal, and tracking of soil and other materials taken away in the course of the activity. e. The timing and nature of the review of the conditions in the resource consent. f. The duration of the resource consent. g. The effects of contamination on built structures, ecological and amenity values, soil quality, surface and groundwater quality and the wider receiving environment. h. Effects of contamination on the receiving environment. i. Other mitigation measures, including rehabilitation and remediation of the contaminated area. j. Restrictions on future use of the site. Comment [AB11]: The Oil Companies ENV-2015-AKL Comment [AB12]: The Oil Companies ENV-2015-AKL

27 OCTOBER k. Any dust, noise and odour effects. l. Compliance with the natural National eenvironmental s Standard for assessing and managing contaminants in soil to protect human health. m. Compliance with the HSNO Act and any relevant legislation or code. Advice Note: A copy of the detailed site investigation is to be provided by the applicant to Waikato Regional Council or Bay of Plenty Regional Council, as appropriate. the 16.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT Where activities in 16.5 are stated as restricted discretionary activities the matters to which council shall restrict its discretion are stated in Rule and Rule Activity is expected to meet the performance standards (except where exemption is provided in table ), however in instances where one or more performance standards are not met, Council will limit its discretion to the extent to which the activity will avoid, remedy or mitigate the effects of the non-compliance in achieving the purpose of the relevant performance standard and the objectives and policies relevant to the matter of discretion.(379.2, ) General Assessment Criteria Council shall restrict its discretion to the following matters in the case of all restricted discretionary activities: [288.2; ; ] 1. The effects of contamination on human health. 2. Adequacy of the detailed site investigation and risk assessment. 3. How the activity must be managed, monitored and reported on. 4. The transport, disposal, and tracking of soil and other materials taken away in the course of the activity. 5. The timing and nature of the review of the conditions in the resource consent. 6. The duration of the resource consent. 7. The effects of contamination on built structures, ecological and amenity values, soil quality, surface and groundwater quality and the wider receiving environment. 8. Effects of contamination on the receiving environment. 9. Other mitigation measures, including rehabilitation; and remediation of the contaminated area. 10. Restrictions on future use of the site. 11. Any dust, noise and odour effects. 12. Compliance with the natural National eenvironmental sstandard Assessing and Managing Contaminants in Soil to Protect Human Health.[288.28] 13. Compliance with the HSNO Act and any relevant legislation or code. 14. The effects of natural hazards identified in that location, if any, on proposed activities.[288.28; ] Advice Note: Comment [AB13]: The Oil Companies ENV-2015-AKL

28 OCTOBER A copy of the detailed site investigation is to be provided by the applicant to the Waikato Regional Council or Bay of Plenty Regional Council, as appropriate Additional Assessment Criteria for Specific Activities The council will consider the relevant assessment criteria below for activities listed as restricted discretionary. 1. Permitted & and Controlled Activities Tthat do not Mmeet the Performance Standards Council will limit its discretion to the effects of the non-compliance on the purpose of the performance standard and any relevant objectives and policies DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT Council may grant or decline an application for a discretionary activity and may impose conditions.or grant a resource consent subject to conditions that will ensure that the activity does not have any significant adverse effects on the environment, and that the relevant objectives and policies of this part and Parts 2 and 3 are upheld. In assessing the proposal, Council can consider all relevant objectives and policies within the district plan, all potential environmental effects, and any matters outlined in the Act without limitation as part of the decision making. Conditions may be imposed in relation to any of these matters. [288.2; ] Whilst not limiting the exercise of its discretion, Council may also consider the particular matters below for the activities listed as Discretionary in the activity table. [288.2; ] General Assessment Criteria The general criteria for assessing applications for discretionary activities and conditions that may be imposed are set out below: 1. The effects of contamination on human health. 2. Adequacy of the detailed site investigation and risk assessment. 3. How the activity must be managed, monitored and reported on. 4. The transport, disposal, and tracking of soil and other materials taken away in the course of the activity. 5. The timing and nature of the review of the conditions in the resource consent. 6. The duration of the resource consent. 7. The effects of contamination on built structures, ecological and amenity values, soil quality, surface and groundwater quality and the wider receiving environment. 8. Effects of contamination on the receiving environment. 9. Other mitigation measures, including rehabilitation and remediation of the contaminated area. 10. Restrictions on future use of the site. 11. Any dust, noise and odour effects.

29 OCTOBER Compliance with the natural National eenvironmental sstandard for assessing and managing contaminants in soil to protect human health. 13. Compliance with the HSNO Act and with any relevant legislation or code. 14. The extent to which any risks associated with the proposal are able to be avoided, remedied or mitigated. 15. The level of risk associated with the environment in which the facility is proposed to be located (e.g. instability from geothermal activity) and the manner in which those risks have been accommodated. 16. Any cumulative effects and risks. 17. Whether proposed site management systems are appropriate. Consideration will be given to spill contingency plans, health and safety systems, emergency procedures, stormwater treatment and disposal procedures for hazardous wastes, fire safety, transportation, monitoring and maintenance procedures, including compliance with the requirements of the HSNO Act and regulations. 18. The effects of natural hazards identified in that location on proposed activities. [288.2] 19. Whether there are reasonable alternatives to the proposal. 20. The extent to which the proposal complies with the objectives, policies and standards of the zone and Parts 2 and The level of compliance with the performance standards of the zone. Advice Note: A copy of the detailed site investigation is to be provided by the applicant to the Waikato Regional Council or Bay of Plenty Regional Council, as appropriate Risk Assessment [288.28; This section has moved here from ; Evidence in Appendix 2 (Assessment Criteria) of submitter 450] A risk assessment, identifying any risk to the environment or health and safety of the community shall be required with any resource consent. The level of detail required will depend on the scale and intensity of the effects of the proposed land use activity or hazardous facility. A risk assessment shall include an assessment of the following matters: 1. Separation distances to people and sensitive activities, especially land use activities such as schools, rest homes, hospitals, marae and shopping centres; and 2. The location of the land use activity or hazardous facility in relation to the aquifers, streams or lakes; and 3. The nature of the site s subsoil and/or geology; and 4. The distance to sensitive habitats in the area or water catchments; and 5. The cumulative and/or synergistic effects, biotoxicity eco-toxicity, and bioaccumulation of hazardous substances used or stored; and 6. Fire safety and fire water management; and 7. The extent to which the adherence to health and safety, code of practice or environmental management systems is relevant to the particular circumstances of the application or will lead to improved environmental outcomes. Where appropriate, the council recommends the use of a national and/or international standard, such as the NZCIC Responsible Care Programme, the ISO 9000 system, the ISO system, the ISRS system and the BS 7750 system, as well as compliance with the requirements of the HSNO Act and regulations. The council will give consideration to any other alternative site management system which will achieve the same intent of any of the above systems; and

30 OCTOBER Spill contingency and emergency planning, monitoring and maintenance schedules; and 9. Site drainage and off-site infrastructure (e.g. stormwater, sewer type and capacity); and 10. The level of risk associated with the transportation of hazardous substances, both for the roading network and for the amenity and environment through which the transport route concerned passes; and 11. Management of hazardous wastes and off-site disposal NON-COMPLYING ACTIVITIES There are no non-complying activities in this part GENERAL REQUIREMENTS Information Required to Accompany All Subdivision & and Land- Use Applications for Activities Subject to Contaminated & and Potentially Contaminated Land For all other resource consent applications, details on historical use of the site are required for comparison to Hazardous activities and Industries List (HAIL) Trade Waste Notwithstanding any provisions in this part, the discharge of liquid and solid Trade Wastes onto land or into a sewer serviced by the Rotorua Wastewater Treatment Plant, or to a stormwater drain must comply with council s Water Services and Trade Waste Bylaw The issue of a trade waste consent does not constitute compliance or substitute liability to comply with the requirements under the district plan, Regional Council or other legislation HAZARDOUS FACILITIES SCREENING PROCEDURE [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] The Hazardous Facility Screening Procedure (HFSP) is applied to hazardous facilities in all zones and in addition to other zone specific Rules. The HFSP is used to screen hazardous facilities and their sites. However, where hazardous facilities on the same site are separated by more than 30 metres from each other, they may be dealt with as separate facilities and the HFSP applied to them separately. The calculation of the effects ratio for a facility shall be carried out as outlined in Land- Use Planning Guide for Hazardous Facilities, Hazardous Facilities Screening Procedure Review Group in conjunction with the Ministry for the Environment (February 2002). The step-by-step guide is included as HFSP guidelines, with the tables from the Land-Use Planning Guide for Hazardous Facilities. The Table for HSNO classes and categories

31 OCTOBER has additional details provided to those of the Land-Use Planning Guide for Hazardous Facilities. The calculations of the effects ratio for a facility may require the assistance of council staff.

32 OCTOBER The HFSP Step-By-Step Guide [Consequential amendment in response to submission points ; ; FS533.1; FS533.3; FS533.2; FS533.4; FS560.12; FS560.7; and FS560.11] The following provides a step-by-step guide on how to use the HFSP. NOTE: Compliance with minimum performance standards is always required