(Section 26 of the RPS)
Hazardous substances comprise those substances which present a significant danger to people and the environment because of their chemically reactive, explosive, flammable, corrosive, toxic or disease causing nature. A variety of substances fall into this category, many of which are used in manufacturing industries. They range from oil based products associated with the road construction and motor vehicle industries to various metallic products used in engineering, tanning and timber treatment operations. Pesticides and other agricultural chemicals are hazardous substances although they can be used so as to not adversely affect people and the environment.
Surveys indicate that there are around 450 industries in Northland using some form of hazardous substance. It is estimated that around 4,000 tonnes of related waste products are produced each year, the majority of which can be safely disposed of in private in-house treatment facilities. It is the responsibility of the waste generators to dispose of the waste and the responsibility of the Department of Labour to enforce compliance. On-site storage of hazardous waste poses minimal risk to humans and the environment, as all waste is stored on sealed land. Around 200 - 300 tonnes of problem waste is produced, i.e. waste which is not easily treated and disposed of, such as those from timber treatment plants. Most of this waste is being stored on sites awaiting disposal outside the region.
The functions in the Hazardous Substance New Organisms (HSNO) legislation complement those currently held by local authorities in the RMA. Under the RMA, the NRC has prime responsibility for controlling the discharge of contaminants into or onto land, air or water. Both the NRC and district councils', have responsibilities for controlling the use of land for the purposes of preventing or mitigating the adverse effects of the storage, use, disposal and transportation of hazardous substances.
In the latter regard, Section 62 (1)(i)(ii) of the RMA requires the RPS to state for each part of the region which council is responsible for developing related objectives, policies and rules. It may also state which council is responsible for particular substances or groups thereof.
Anticipated Outcomes
· Increased public awareness of the risks associated with the improper use of hazardous substances.
· A reduction in the amount of hazardous waste requiring disposal.
· A reduction in the number of incidents of unauthorised disposal of hazardous waste.
· Greater control over the use of contaminated sites and protection against serious off-site environmental damage.
· Continued access to hazardous waste storage and disposal facilities.
Policy Mix
The objectives for the hazardous substances section are:
· avoid, remedy or mitigate the adverse effects on people and the wider environment arising from the storage, use, transportation and disposal of hazardous substances;
· avoid, remedy or mitigate the adverse effects of the risks to people and the wider environment from existing contaminated sites.
The policy approach for the storage and use of hazardous substances (Policy 26.4 (a)) is to identify and monitor hazardous substances whilst ensuring that effective regulatory controls are maintained for their use.
The Ministry of Transport has the lead role in regard to the transportation of hazardous substances (Policy 26.4 (b)), and therefore the policy approach is to increase public awareness of this role and the Ministries requirements and to assist in the co-ordination of emergency procedures.
The policy approach for the disposal of hazardous wastes (Policy 26.4 (c)) is through advocacy and the co-ordination of waste disposal operations. The approach for contaminated sites is to identify the sites and monitor the future development of such sites.
The hazardous substances section contains 20 individual methods of implementation that flow from the policy direction discussed above.
What's the current state?
Based on the Hazardous Activities and Industries List (HAIL) (MFE 2004) there are approximately 40 different types of industries in the region that used hazardous substances on a regular basis as part of their processes, including more than 500 sites. The industry types ranged from petrochemical plants, timber preservation sites and food processing industries to small manufacturing businesses and single-person contractors.
During the 2007-08 financial year, approximately five tonnes of waste hazardous substances was collected for long-term storage, redistribution or pre-treatment. This figure is higher than for 2006-07, when four tonnes was collected.
The NRC and PGG Wrightson Limited jointly operate four collection depots, located in Kaitaia, Waipapa, Dargaville and Whangarei. The PGG Wrightson collection depots accept all received agricultural chemicals, which are documented before being placed in the stores. Once stored, the substances become the responsibility of the NRC. The substances are regularly collected and transported to the NRC's storage facility in Whangarei.
The NRC's facility is specially designed for waste hazardous substances. At this site the hazardous substances are repacked, labelled and placed in temporary storage until being despatched to Auckland for long-term storage or disposal. Currently, NRC only has a small quantity of waste hazardous substances stored in Auckland, as the majority of its waste has already been sent overseas for destruction.
There are no facilities available in New Zealand for the disposal of many of the waste hazardous substances dealt with by the NRC. As New Zealand produces a relatively small volume of waste hazardous substances, it appears unlikely that any New Zealand based disposal technology will become available in the short or long-term. An Australian company, with a branch in Auckland, currently holds the licences for the export and destruction of the NRC's waste hazardous substances; which are sent to France or Germany for destruction. This is done by high temperature incineration.
The NRC has developed a database containing records of all known contaminated sites in Northland. This database is continually being redefined.
What has worked well in this section?
Collection of agrichemicals, waste oil and other hazardous substances has been working well, along with the training of approved handlers and registration of hazardous substances and sites. The NRC is now enforcing the HSNO Act and compliance is improving. The ongoing monitoring and remediation of significant contaminated sites is working well.
What has not worked in this section?
The provisions in regard to contaminated sites have not been useful or able to be implemented by district councils.
General comments on this section:
This section needs to be updated to reflect the introduction of the HSNO Act changes to the RMA. The transportation of hazardous substances (once in transit) is outside of the HSNO Act jurisdiction (they fall under Land Transport Rules).
The RPS could usefully clarify whether or not Hazardous Substances and Contaminated Sites in terms of the HSNO Act are solely a function of the NRC.
Is this section Efficient and Effective?
District councils generally only have a health based approach to hazardous substance management. The NRC could consider taking overall responsibility to achieve an integrated approach to hazardous substances. The NRC is currently the only council with the appropriate expertise to manage hazardous substances.
The hazardous substances spillage procedures are efficient and effective.
The RPS requires that a programme of monitoring be developed for seriously contaminated sites. However, monitoring only really happens as an advisory service. Central government funds are required for major clean ups.
A lot of the methods have been taken over by the introduction of the HSNO Act. Programs for the disposal of hazardous substances are also working very well. Generally, this section is considered to be very effective as the vast majority of methods of implementation have been achieved.
Emerging Issues for this section?
A lot of people do not understand the HSNO Act and there is a huge opportunity for the education and promotion of the requirements of this Act, not necessarily by the NRC.
The implementation of relevant rules within district plans is difficult for district councils as this is an area that requires specialist expertise and there are a limited number of specialists available in New Zealand, let alone Northland.
The cost of disposal of hazardous substances will continue to increase every year as there are no suitable disposal facilities within Northland (or even New Zealand). The disposal of these substances is not always managed through a resource consent process and therefore there is a need to investigate a fair user pays system for the disposal of hazardous substances
Conclusions
The existing Hazardous Substances chapter is outdated and needs updating to be consistent with HSNO legislation. This aside, considerable work has been undertaken to identify contaminated sites and to create a database of their locations. This has been shared with district councils. Most of the methods of implementation have been achieved or partly achieved. The NRC plays an important role, providing a public drop-off and collection service for waste hazardous substances and carrying out safe and correct storage and disposal. In general, this chapter is working well but the 2nd Generation RPS needs to reflect the HSNO legislation.