Operative Waikato Regional Policy Statement (October 2000)

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3  Significant Resource Management Issues, Objectives, Policies and Methods

3.10  Hazardous Substances

3.10.2 Management of Hazardous Substances

Principal Reasons for Adopting: A number of public agencies have responsibilities for the prevention or mitigation of adverse effects associated with hazardous substances. As a result of these similar roles, inefficiencies such as duplications or gaps in the management framework for hazardous substances can occur. These inefficiencies create uncertainty for resource users and the community. The responsibilities of each agency need to be clearly identified to provide both resource users and the community with certainty that hazardous substances are being managed consistently regionwide. Once the responsibilities are clearly defined, the agencies should be able to work together more effectively to ensure that a consistent and efficient management framework for hazardous substances is provided with neither gaps nor duplications in their respective roles.

A consistent regime for the management of hazardous substances will be provided throughout the Waikato Region and between the Waikato and neighbouring regions.

1. The Waikato Regional Council (Environment Waikato) will:
   
   1. where there are omissions in the management framework (including central government controls) for hazardous substances, develop specific objectives, policies, rules and/or other methods in regional plans for the prevention or mitigation of adverse effects of the storage, use, disposal or transportation of hazardous substances in the coastal marine area and in the beds of rivers and lakes
      
   2. where there are omissions in the management framework (including central government controls) for hazardous substances, manage through regional plans and/or resource consents, taking into account codes of practice, the adverse effects of discharges of contaminants into the environment that arise from the storage, use, disposal or transportation of hazardous substances
      
   3. advocate and facilitate the development of a consistent regime for the management of the adverse effects of hazardous substances across the Region
      
   4. undertake, support and encourage the development and implementation of environmental education programmes that aim to avoid, remedy or mitigate adverse effects related to the storage, use, disposal or transportation of hazardous substances
      
   5. work in partnership with the Environmental Risk Management Agency (ERMA), territorial authorities and other agencies to achieve a co-ordinated response to hazardous substances issues including the planning for emergencies and to clarify reporting procedures for unintentional releases of hazardous substances
      
   6. support the development of a regional network of hazardous waste disposal facilities for small, non commercial quantities of hazardous wastes
      
   7. establish and maintain a register of codes of practice and guidelines for the storage, use, transport and disposal of hazardous substances that meet the requirements of the relevant objectives and policies in the Regional Policy Statement
      
   8. investigate, through the Regional Land Transport Strategy the need for designated routes for the transportation of hazardous substances.
   
   
2. Territorial authorities will:
   
   1. where there are omissions in the management framework (including central government controls) for hazardous substances, develop specific objectives, policies, rules and/or other methods in district plans that control the use of land (except for in the beds of lakes and rivers and the coastal marine area) for the prevention or mitigation of adverse effects from the storage, use, disposal or transportation of hazardous substances
      
   2. undertake or assist in the development and delivery of environmental education programmes related to the storage, use, disposal or transportation of hazardous substances
      
   3. provide information on the presence of hazardous substances at specific sites through land information memoranda and project information memoranda where such information is known by the territorial authority
      
   4. where necessary, operate hazardous waste collection facilities for small non-commercial quantities of hazardous waste
      
   5. work in partnership with the Waikato Regional Council (Environment Waikato), the Environmental Risk Management Authority (ERMA) and other agencies to achieve a co-ordinated response to hazardous substances issues including the planning for emergencies and to clarify reporting procedures for unintentional releases of hazardous substances.
   
   
3. Local authorities will advocate that other agencies such as network utility operators, neighbouring regional councils, industry groups, tangata whenua through iwi authorities and tribal runanga and government agencies with functions under the Hazardous Substances and New Organisms Act 1996 work with territorial authorities and the Waikato Regional Council (Environment Waikato) to further clarify roles and responsibilities and avoid as far as practicable the duplication of costs for the management of hazardous substances through the development of partnership agreements and memoranda of understanding.
   
4. Local authorities will advocate through submissions on proposed legislation, central government policy documents, district plans and other contacts the co-ordination of hazardous substances management between national, regional and territorial authorities.
   
5. Local authorities will advocate that all the roles and responsibilities identified above are implemented through strategic plans, annual plans, district and regional plans, and partnership agreements within three years of this Regional Policy Statement becoming operative.

Both the Waikato Regional Council (Environment Waikato) and territorial authorities have responsibilities for the management of hazardous substances. These shared responsibilities will require close co-ordination and consultation to ensure that overlaps or gaps in policy for hazardous substances management do not occur. The division of responsibilities provided in the implementation methods formalises the currently operating division of responsibilities and provides extra clarity and certainty to resource users.

Implementation Methods 1 i) and ii) identify that Environment Waikato is primarily responsible for managing discharges of hazardous substances. These discharges may occur at any time during the storage, use, disposal or transportation of hazardous substances and may also emanate from contaminated sites created by historical land uses. This responsibility reflects the functions of Environment Waikato under the RMA. Environment Waikato retains a land use control function with respect to hazardous substances within the CMA and the beds of rivers and lakes. This again reflects the functions specified in the RMA. These methods will be implemented through resource consents and/or regional plans. Such plans may include rules permitting certain discharges without the need for resource consents if the discharges can occur without having adverse effects identified as being of concern in the relevant plan. In some circumstances, Environment Waikato may be able to transfer enforcement powers for these methods through s33 of the RMA. Method 1 iii) identifies that Environment Waikato also has a role in advocating and facilitating a consistent regime for the management of hazardous substances issues across the Region. This method can be implemented by submissions on district plans and facilitating joint projects.

Territorial authorities are made responsible for managing land uses for the prevention or mitigation of adverse effects arising from the storage, use, disposal or transportation of hazardous substances. The nature of controls required in a plan or through resource consents will depend upon the local environment, including the characteristics and requirements of existing activities. These controls will be implemented through objectives, policies and rules in district plans. Implementation Method 2 i) is not intended to be a direction to territorial authorities to make rules, but simply follows the words of s62 (1) (ha) of the RMA.

Territorial authorities can exercise their role through other implementation methods such as by-laws or environmental education. Territorial authorities already control most aspects of land use through these instruments. By identifying territorial authorities as the primary agency responsible for this aspect of hazardous substances management, resource users will be provided extra certainty and reduced bureaucracy. The policy direction of consistency and clarity across the Region can be achieved by district councils through the adoption into district plans of a common means for determining whether a particular hazardous substance or activity presents sufficient risk of adverse effects to require land use consents. This tool would ensure that the same standard approach for assessing whether consents are required for the use of land for the storage, transport, use or disposal of hazardous substances applied across the Region, thereby providing resource users with certainty, consistency and clarity. The Hazardous Facilities Screening Procedure¹ provides such a tool and should be considered by district councils when developing their district plans.

In addition to regulatory controls, local authorities may chose to introduce non-regulatory methods to manage hazardous substances issues. The roles of regional and territorial authorities for developing and implementing such methods are also identified. Environment Waikato has a key role in achieving the integrated management of this issue in the Region. Implementation Method 1 iv) - vi) identify that programmes such as hazardous waste collections and environmental education may need support from Environment Waikato to identify economies of scale and achieve integration and consistency. In some instances, such as programmes related to managing the use of agrichemicals, Environment Waikato may be the most appropriate agency to undertake the education programme. However, Implementation Method 2 ii) - v) identify that the service delivery role for these programmes is often going to be most appropriately undertaken at a local level due to their functions for the storage of hazardous substances in particular and the existing infrastructure and contacts available to territorial authorities. Memoranda of understanding and partnership agreements will be an essential tool in clarifying the precise roles of each local authority within each programme or project. The exact roles within each project or programme may vary depending upon the circumstances; for instance, Environment Waikato may need to be more proactive on some issues such as contaminated sites where a regional perspective is required.

Implementation Method 1 vii) identifies that one way Environment Waikato can assist in achieving consistency and clarity across the Region would be to maintain a register of codes of practice and guidelines for the storage, use, disposal and transportation of hazardous substances that meet the requirements of the relevant objectives and policies in the RPS. Such a register would aid decision-makers at both regional and district councils to determine the appropriateness of the relevant code or guideline for the circumstances and help identify and give status to codes that define good management practices. Another way that Environment Waikato can assist to achieve consistency and clarity across the Region is identified in Method 1 vii). The implementation of the Regional Land Transport Strategy provides an opportunity to undertake research on the effectiveness of designated transport routes for hazardous substances. It is more cost effective for this research to be carried out at a regional level rather than by each territorial authority.

It is recognised that Environment Waikato will need to integrate its resource management responsibilities with any further responsibilities outlined in the Hazardous Substances and New Organisms Act 1996 and other legislation. Environment Waikato and territorial authorities will need to develop a working relationship with the Environmental Risk Management Agency and other relevant central government agencies with responsibilities under this legislation. Integration between all organisations with responsibilities for hazardous substances is necessary to ensure consistent management of hazardous substances regionwide. This integration can be provided by the completion of memoranda of understanding or partnership agreements between local authorities and these agencies. Implementation Methods 3 and 4 identify that agencies such as Environment Waikato should advocate that this consistency and integration is achieved. Examples of situations where this integration is essential are where district councils are covered by two regional councils. In such instances local authorities should work together to ensure integration.

The timeframe for implementation of this division of roles and responsibilities is critical for the people of the Waikato Region. If the current uncertainty is allowed to continue then the community may face unecessary risks of adverse effects due to poor communication between authorities and unclear roles. For that reason, Implementation Method 4 identifies a timeframe within which these methods should be implemented. Implementation will be through policy documents such as strategic plans, annual plans, district and regional plans as well as through the development of formal partnership agreements between agencies.

1. Resource users and the community satisfied that hazardous substances are managed consistently and effectively throughout the Region.
   
2. An increase in the use of partnership agreements and memoranda of understanding to formalise agreements between agencies as to their role in the management of hazardous substance issues.
   
3. The identified roles and responsibilities of district and regional councils for the management of hazardous substances implemented through the annual plans of both regional councils and territorial authorities, district plans and regional plans within three years of the RPS becoming operative.
   
4. A comprehensive and accessible collection system for small quantities of hazardous wastes.
   
5. Increased community awareness of the different roles and responsibilities of agencies and individuals for managing hazardous substances issues.

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Footnotes

1. Landuse Planning for Hazardous Facilities (1995) Hazardous Facilities Procedure Review Group and MfE