Regulatory Subcommittee

MINUTES

 

Minutes of an ordinary meeting of the Regulatory Subcommittee held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin on Thursday 15 October 2020, commencing at 9.10 am Trade Waste Bylaw and Stormwater Quality Bylaw Hearing

 

PRESENT

 

Chairperson

Cr Andrew Whiley

 

Members

Cr Sophie Barker

 

 

Cr Carmen Houlahan

 

 

Cr Jules Radich

 

 

 

 

 

 

IN ATTENDANCE

Tom Dyer ((Group Manger 3 Waters), Karen Sannazzaro (Regulations and Policy Team Leader), Jacinda Baker (Policy Analyst) and Frank van Betuw (Senior Education and Compliance Officer)

 

Governance Support Officer                  Jennifer Lapham

 

 

 

 

1          Apologies

             There were no apologies.

 

 

2          Confirmation of agenda

 

 

Moved (Cr Andrew Whiley/Cr Sophie Barker):

That the Committee:

 

Confirms the agenda without addition or alteration.

 

Motion carried

 

 

 

3          Declarations of interest

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

 

 

Moved (Cr Andrew Whiley/Cr Carmen Houlahan):

That the Committee:

 

a)     Notes the Elected Members' Interest Register; and

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

                          Motion carried

      

Part B Reports

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

 

A report from 3 Waters presented a summary of the submissions and other feedback provided during the consultation on the proposed Trade Waste Bylaw 2020 and Stormwater Quality Bylaw 2020.

The reported noted there were 4 submissions received plus comments from the Associate Minister of Health.  Three submitters were generally supportive of the bylaws and made minor comments or suggested amendments.  One submitter, representing three oil companies, objected to aspects of both bylaws and requested the bylaws be deferred to enable substantial redrafting to address their concerns.

 

Submissions

 

The Oil Companies indicated they wished to be heard and attended the meeting via audio visual link. 

 

 

Mr James Court (BP) spoke on behalf of the submission from the Oil Companies. Mr Court commented that the stormwater provisions were onerous, in regards to discharging forecourt run off, and there are no thresholds for permitted activities in the Stormwater Quality Bylaw.  

 

Mr Court responded to questions from the members. 

 

 

Moved (Cr Andrew Whiley/Cr Sophie Barker):

That the Committee:

 

             Adjourn the meeting.

 

 Motion carried

 

The meeting adjourned at 10.04 am and reconvened at 10.16 am.

 

 

 

 

Deliberations

 

The Group Manager 3 Waters, Tom Dyer and Policy Analyst, Jacinda Baker spoke to the report and responded to questions.  Ms Baker also tabled information relating to Service Stations.

 

Consideration was given to the submissions received, both verbal and written, and to the recommendations in the report with the committee agreeing to the recommendations.  It was agreed that the Committee would adjourn and finalise the recommendations at a later meeting. 

 

 

Moved (Cr Andrew Whiley/Cr Jules Radich):

That the Committee:

             Adjourn  the meeting until 9.15 on Tuesday 27 October 2020.

             Motion carried

 

 

The meeting adjourned at 11.12 am and reconvened on Tuesday 27 October at 1.04 pm.

 

 

Moved (Cr Andrew Whiley/Cr Sophie Barker):

That the Committee:

 

a)     Notes the Ministerial feedback and submissions to the proposed Trade Waste Bylaw 2020 and Stormwater Quality Bylaw 2020.

b)     Recommends that Council adopts the proposed Stormwater Quality Bylaw with the following changes:

             i)          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.

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

iii)        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.

c)         Recommends that Council adopts the proposed Trade Waste Bylaw with the following changes:

i)          Amend clause 2.8 (d) as follows:

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

ii)         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.

 

iii)        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.

iv)       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. 

v)        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

vi)       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).

d)        Recommends that Council approves the date of effect for the Trade Waste Bylaw and the Stormwater Quality Bylaw of 1 February 2021.

 

 

e)        Recommends that Council revokes the Trade Waste Bylaw 2008 from 1 February 2021.

Motion carried (RSCCC/2020/010)

 

 

 

 

 

 

The meeting concluded at 1.15 pm

 

 

 

 

 

 

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C H A I R P E R S O N