Notice of Meeting:

I hereby give notice that an ordinary meeting of the Regulatory Subcommittee will be held on:

 

Date:                                                    Thursday 15 October 2020

Time:                                                   9.00 am Trade Waste/Stormwater Quality Bylaw Hearing

Venue:                                                Edinburgh Room, Municipal Chambers, The Octagon, Dunedin

 

Sandy Graham

Acting Chief Executive Officer

 

Regulatory Subcommittee

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Cr Andrew Whiley

 

 

 

 

Members

Cr Sophie Barker

 

 

Cr Carmen Houlahan

 

 

Cr Jules Radich

 

 

 

 

 

Senior Officer                                               Simon Drew, General Manager Infrastructure Services

 

Governance Support Officer                  Jennifer Lapham

 

 

 

Jennifer Lapham

Governance Support Officer

 

 

Telephone: 03 477 4000

Jenny.lapham@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

 

 

 

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

 


Regulatory Subcommittee

15 October 2020

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Apologies                                                                                                                                                                    4

2             Confirmation of Agenda                                                                                                                                        4

3             Declaration of Interest                                                                                                                                           5       

Part B Reports (Committee has power to  recommend only on these items)

4             Summary of consultation on proposed Trade Waste Bylaw 2020 and Stormwater Quality Bylaw 2020                         11            

 

 


Regulatory Subcommittee

15 October 2020

 

 

1          Apologies

At the close of the agenda no apologies had been received.

2          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.


Regulatory Subcommittee

15 October 2020

 

Declaration of Interest

 

  

 

EXECUTIVE SUMMARY

1.         Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

 

2.         Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.

 

RECOMMENDATIONS

That the Committee:

a)     Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

b)     Confirms/Amends the proposed management plan for Elected Members' Interests.

 

 

Attachments

 

Title

Page

a

Register of Interest

7

  



Regulatory Subcommittee

15 October 2020

 

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Regulatory Subcommittee

15 October 2020

 

Part B Reports

 

Summary of consultation on proposed Trade Waste Bylaw 2020 and Stormwater Quality Bylaw 2020

Department: 3 Waters

 

 

 

 

EXECUTIVE SUMMARY 

1          This report summarises submissions received during consultation on the proposed Trade Waste Bylaw 2020 and the proposed Stormwater Quality Bylaw 2020 and provides staff recommendations to assist the Regulatory Subcommittee to make recommendations to the Council on Ministerial feedback and submissions to the proposed bylaws.

2          Hon Julie Anne Genter, Associate Minister of Health (the Minister) was supportive of the bylaws and recommended minor amendments to the Trade Waste Bylaw regarding disposal of cytotoxic waste and liquid antibiotics.

3          Te Rūnanga o Ōtākou and Kāti Huirapa Rūnaka ki Puketeraki were consulted with in preparation of the bylaws.  They advised they did not have any issues with the proposed bylaws.

4          Four submissions were received.  Three submitters were generally supportive of the bylaws and made minor comments or suggested amendments.  One submitter, representing three oil companies, objects to aspects of both bylaws and requests the bylaws be deferred to enable substantial redrafting to address their concerns.

RECOMMENDATIONS

That the Committee:

a)     Considers the Ministerial feedback and submissions and deliberates on the requested amendments to the proposed Trade Waste Bylaw 2020 and Stormwater Quality Bylaw 2020.

b)     Makes recommendations to the Council on amendments to the proposed bylaws.

 

BACKGROUND

5          The Trade Waste Bylaw 2008 (the 2008 Bylaw) includes provisions relating to discharge of trade waste to the wastewater system and some provisions to regulate the quality of stormwater discharge to the stormwater system.

6          The Local Government Act 2002 (LGA) (s158 and s159) requires initial review of a bylaw after five years and every ten years thereafter.  The 2008 Bylaw was due for review on 1 July 2018.

7          Key stakeholder consultation was undertaken during 2018 and 2019 and feedback was considered during drafting of the proposed bylaws. In May 2019 the Council determined two separate bylaws would be the most appropriate means of regulating trade waste discharges to the wastewater system and the quality of discharges to the stormwater system.

8          In May 2020 the Council approved the Statement of Proposal and proposed bylaws for public consultation and determined the proposed bylaws were the most appropriate form of bylaw and did not give rise to any implications under the Bill of Rights Act 1990 (LGA s155).

9          Community consultation on the proposed bylaws using the Special Consultative Procedure (LGA s156) has commenced.  The proposed bylaws were notified in the Otago Daily Times and on the DCC website. Letters and emails were sent to approximately 1000 existing trade waste customers and other business or organisations who may be affected by, or interested in, the proposed bylaws. This included the Otago Regional Council (ORC), mana whenua, the Stormwater Stakeholder Group (associated with the DCC’s resource consents to discharge stormwater to the coastal marine area), and businesses such as vehicle sales yards, tankered waste operators, auto-dismantlers, construction companies, roading engineering or construction companies, metal merchants and plumbers. The submission period ran from the 17 June to 17 Aug 2020.

10        Copies of the Statement of Proposal, proposed bylaws, and supporting material were available on the DCC website and at DCC libraries and service centres.  The bylaws were also sent to the Minister of Health for comment (LGA s148).

11        Key bylaw definitions and the broad approach to stormwater and trade waste management proposed by the bylaws is given below:

Definitions

Stormwater means all surface water run-off resulting directly or indirectly from precipitation. Run-off not originating from rain, such as soapy water from washing a car, house or concrete area is not stormwater: it is contaminated run-off.

Contaminant means any substance (including gases, odorous compounds, liquids, solids and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy or heat, when discharged into water, changes or is likely to change the physical, chemical, or biological condition of water. This definition is consistent with the Resource Management Act 1991.

Trade waste means any discharge or proposed discharge into the wastewater system, other than domestic wastewater discharged directly from a premise or self-contained vehicle, to the wastewater system.

Approach to stormwater management

No contaminant may be discharged into the stormwater system without the DCC’s approval. The bylaw outlines restrictions on discharges to the stormwater system and identifies the types of discharges that should not be made, and it identifies monitoring, enforcement and offences.

Approach to trade waste management

All trade waste discharges to the wastewater system require registration with the DCC (if complying with the permitted limits in the bylaw) or a trade waste consent. The bylaw outlines the categories of trade waste, permitted discharge limits, requirements for registration or consent, monitoring, enforcement and offences.

 

DISCUSSION

Feedback received

Associate Minister of Health

12        The Hon Julie Anne Genter, Associate Minister of Health (the Minister), provided comment on behalf of the Ministry of Health (the Ministry):

a)         The introduction of a Stormwater Quality Bylaw is supported.

b)        The Trade Waste Bylaw is considered comprehensive and an appropriate means of reducing waste to the Council’s sewerage treatment plants, and to protect the sewerage system, sewerage workers and the environment.  The Minister recognised the required consultation with owners or occupiers of trade waste premises has occurred.  However, minor changes are recommended in regard to cytotoxic and liquid pharmaceutical wastes.

Mana whenua

13        Aukaha have advised that Te Rūnanga o Ōtākou and Kāti Huirapa Rūnaka ki Puketeraki would not be making a submission as they did not have any issues with the proposed bylaws and that they consider that separating the 2008 Bylaw into two separate bylaws for trade waste and stormwater quality makes sense.

Southern District Health Board

14        The Southern District Health Board agrees with the general direction of the bylaws and have only minor administrative corrections to suggest.

University of Otago

15        The University of Otago agreed with the general direction of the proposed Trade Waste Bylaw and that discharges into the wastewater system, other than domestic discharges, need to be controlled.  They also agreed with the general direction of the proposed Stormwater Quality Bylaw.

Freyja Munro

16        Freyja Munro agreed with the general direction of both proposed bylaws.

Oil Companies

17        A submission was lodged by 4Sight Consulting Ltd on behalf of BP Oil New Zealand Limited, Mobil Oil New Zealand Limited and Z Energy Limited (the Oil Companies).

18        The Oil Companies consider that the proposed bylaws will not provide for effective and efficient management of stormwater and trade waste networks and will not meet the current and future needs of the community. They consider that the approach taken is out of step with good practice, particularly requiring run-off from service station forecourts to be discharged to the wastewater system as trade waste.

19        The Oil Companies are particularly concerned the stormwater provisions are onerous, more stringent than stormwater discharge rules set by the Otago Regional Council and no permitted pathways for discharge to stormwater, particularly from petroleum industry sites, are provided.  Activities of interest include service station forecourt management, vehicle washing and construction site runoff.  They are concerned about a need to discharge such flows to the wastewater system, impacts on wastewater system capacity, the trade waste consent process and potential costs of waste disposal. The reasons for these concerns are detailed in their submission.

20        The Oil Companies have requested several specific changes, but also deferral of a decision to enable the DCC to develop a more comprehensive and appropriate response.

Evaluation of the issues raised

21        Each submission received is attached in full to this report.

22        The issues raised by each submitter are evaluated in detail in the attached appendices, and a recommendation made as to whether amendments to the proposed bylaws are necessary, or whether they should remain unchanged as notified.  Those changes recommended to the proposed bylaws are given below.

Recommended changes to the proposed Stormwater Quality Bylaw

23        To address matters raised by submitters, the following changes are recommended to the proposed Stormwater Quality Bylaw (additions underlined, deletions struckthrough):

a)         Amend clause 1.1 as follows:

A person must not, without the prior approval of Council, discharge or allow to be discharged any contaminant to the stormwater system.

No person may, without the prior approval of the Council, discharge, directly or indirectly, a contaminant into the stormwater system that is likely (individually or cumulatively) to cause nuisance, or adversely affect the environment or operation of the stormwater system. The Council may specify conditions with any approval given.

b)        Amended Explanatory note 1.1 by including ‘Hydrocarbons’ on the list of discharges that should not be discharged to the stormwater system.

c)         Amended Explanatory note 1.3, by adding a sentence to the end of the explanatory note as follows:

The pre-treatment suggested for vehicle washing is not in relation to discharges from commercial vehicle wash facilities which are manged under the Trade Waste Bylaw.

Recommended changes to the proposed Trade Waste Bylaw

24        To address matters raised by submitters, the following changes are recommended to the proposed Trade Waste Bylaw (additions underlined, deletions struckthrough):

a)         Amend clause 2.8 (d) as follows:

2.8(d)             activities resulting in the creation discharge of trench water

b)        Amend Explanatory note 13 as follows:

Explanatory note 13: Typically, trench water will be required treatment to pass through dewatering facilities to reduce contaminants (including sediment) prior to discharge.

 

c)         Amend Schedule A - Permitted Trade Waste by adding the following new clauses:

A.1 (c)            And pharmaceutical waste (except those containing cytotoxic compounds or material, which are prohibited by C.2(g)(iv)) discharged does not exceed the following volumes and concentrations of active ingredients per calendar month:

Volume limit

Active concentration

10 Litres

125mg/5ml

5 Litres

250mg/5ml

3 Litres

Above 250mg/5ml

A.1(d)             If any limits in A.1(a) or A.1(b) are different to the active concentration limits in A.1(c), the lower limit becomes the permitted discharge.

d)        Amend Schedule A – Permitted Trade Waste, explanatory note 22 as follows:

…Businesses that only generate domestic waste (i.e. no trade waste) such as officers offices, some retailers or wholesalers are not captured as domestic waste is not managed under the bylaw. 

e)        Amend Schedule C - Prohibited Trade Waste by adding the following new clause:

C.2 (g)(iv)      Any waste containing or contaminated by cytotoxic compounds or material

f)         Amend Schedule C – Prohibited Trade Waste, clause C.2(h) as follows:

Any material with radioactivity levels more than that stated in CSP1 Code of safe practice for the use of unsealed radioactive materials (2010), Ministry of Health Office of Radiation Safety Waste with radioactive levels in excess of the Office of Radiation Safety guidelines (ORS C11: Code of Practice for Unsealed Radioactive Materials (2020), Ministry of Health).

OPTIONS

Option One – Proceed to make recommendations to the Council based on the proposed amendments in this report

25        The Regulatory Subcommittee may choose to make recommendations to the Council to address matters raised by submitters based on the advice provided in this report.  This would be subject to minor amendments necessary e.g. in response to matters raised by submitters at the hearing, or as agreed by the Regulatory Subcommittee during deliberations.

Advantages

·    A recommendation to Council could be made promptly.

Disadvantages

·    Does not allow for further work on bylaw amendments.

Option Two – Request staff to provide further advice and draft amendments to address additional matters raised in submissions beyond what is recommended in this report

26        Should the Regulatory Subcommittee consider there are outstanding matters of concern raised by submitters that are not satisfactorily addressed by advice provided in this report, or during the hearing process, they may request staff to further evaluate those concerns.

Advantages

·    Any outstanding concerns will be considered.

Disadvantages

·    May delay a recommendation to the Council.

NEXT STEPS

27        The next steps are for the Regulatory Subcommittee to consider consultation results and make recommendations to the Council regarding the proposed bylaws.

 

Signatories

Author:

Jacinda Baker - Policy Analyst

Authoriser:

Karen Sannazzaro - Regulation and Policy Team Leader

Tom Dyer - Group Manager 3 Waters

Attachments

 

Title

Page

a

Associate Minister of Health comments

20

b

Staff evaluation of feedback from Associate Minister of Health

22

c

The Oil Companies submission

24

d

The Oil Companies Appendix A to submission - Feedback on review of Trade Waste Bylaw 2008

34

e

Staff evaluation of Oil Companies submission

39

f

Southern District Health Board submission

51

g

Staff evaluation of SDHB submission

52

h

University of Otago submission

53

i

Staff evaluation of University of Otago submission

54

j

Freyja Munro submission

55

k

Staff evaluation of Freyja Munro submission

56

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision, to consider feedback and submissions to the proposed Trade Waste and Stormwater Quality Bylaws and make recommendations to the Council to amend those bylaws as notified, enables democratic local decision making and action by, and on behalf of communities, to support economic and environmental well-being of communities in the present and for the future.

Fit with strategic framework

 

Contributes

Detracts

Not applicable

Social Wellbeing Strategy

Economic Development Strategy

Environment Strategy

Arts and Culture Strategy

3 Waters Strategy

Spatial Plan

Integrated Transport Strategy

Parks and Recreation Strategy

Other strategic projects/policies/plans

 

Recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised through submissions are consistent with the DCC’s Environment Strategy and 3 Waters Strategy.

Māori Impact Statement

Aukaha have advised that Te Rūnanga o Ōtākou and Kāti Huirapa Rūnaka ki Puketeraki would not be making a submission as they did not have any issues with the proposed bylaws.

Sustainability

Submissions and recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised have no impact on sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

Submissions and recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised have no implications on long-term plan requirements.

Financial considerations

Submissions and recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised, have no financial implications.

Significance

It is noted these decisions are part of the Special Consultative Procedure. Submissions and recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised, are of low significance in terms of the Council’s Significance and Engagement Policy. 

Engagement – external

It is noted these decisions are part of the Special Consultative Procedure and result from external consultation being undertaken.

Engagement - internal

Key submitter concerns and recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised have been discussed with the DCC Legal Team.

Risks: Legal / Health and Safety etc.

There are no risks to this summary report for consideration or the recommended amendments. The recommended amendments are within scope of the submissions received.

Conflict of Interest

No conflicts of interest have been identified as a result of submissions or recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised.

Community Boards

No implications for Community Boards have been identified as a result of submissions or recommended amendments to the proposed Trade Waste and Stormwater Quality Bylaws as notified to address matters raised.

 

 


Regulatory Subcommittee

15 October 2020

 

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