Operative Waikato Regional Policy Statement (October 2000)

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3  Significant Resource Management Issues, Objectives, Policies and Methods

3.10  Hazardous Substances

3.10.3 Storage, Transportation, Use and Disposal of Hazardous Substances

Principal Reasons for Adopting: When hazardous substances are released into the environment either deliberately or unintentionally, they may have significant adverse effects on both human health and the wider environment. Human health effects are of particular concern to the community. The degree of precaution necessary to achieve this objective will vary depending on a number of factors such as the characteristics of the substance, the sensitivity of the surrounding environment and the management practices being followed.

Hazardous substances are to be stored in a manner that is designed to avoid adverse effects from unintentional releases.

1. Through regional and district plans, provide methods that are designed to avoid adverse effects associated with the storage of hazardous substances, including the provision of:
   
   1. containers suitable for the substance
      
   2. correct handling procedures for the substance
      
   3. facilities with back-up systems designed to contain unintentional releases
      
   4. locations where the level of risk to the community and the environment is low (e.g. away from flood hazard areas, valued ecosystems or residential areas).
   
   
2. Ensure, through regional and district plans or resource consents, that risk assessments and risk management plans are required for sites where hazardous substances are stored so as to avoid the unintentional discharge of hazardous substances to the environment.
   
3. Develop, in conjunction with territorial authorities and other statutory agencies, contingency plans that avoid, remedy or mitigate the adverse effects of hazardous substances accidental releases.
   
4. Use environmental education to advocate the safe storage of hazardous substances.

Hazardous substances are to be transported in a manner that is designed to avoid unintentional releases occurring and avoids, remedies or mitigates the effects of releases when they do occur.

1. Contribute, in conjunction with territorial authorities and other relevant agencies to the collection and dissemination of information on the transport of hazardous substances.
   
2. Develop and maintain the Regional Land Transport Strategy in a manner that addresses the safe transport of hazardous substances through the Region.
   
3. Encourage, in conjunction with territorial authorities and other statutory agencies, the development of designated routes for the transportation of hazardous materials through the Region where they are identified as necessary by the Regional Land Transport Strategy.
   
4. Advocate, through relevant forums, that central government establish a national tracking system for hazardous substances that pose a significant risk to human health and the environment.
   
5. Develop, in conjunction with territorial authorities and other statutory agencies, contingency plans that avoid, remedy or mitigate the adverse effects of hazardous substances releases.
   
6. Use environmental education to advocate the safe transport of hazardous substances.

Hazardous substances are to be used in a manner that is designed to avoid adverse effects. Where these effects are unable to be completely avoided they will be remedied or mitigated.

1. Through regional and district plans, provide methods that are designed to avoid adverse effects associated with the use of hazardous substances.
   
2. Ensure, through resource consents and regional and district plans, that risk assessments and risk management plans are required for sites where hazardous substances are used.
   
3. Develop, in conjunction with territorial authorities, a database identifying generators and users of hazardous substances.
   
4. Advocate, through environmental education:
   
   1. the adoption and implementation of cleaner production¹ programmes
      
   2. the use of hazardous substances in a manner that avoids adverse effects.
   
   
5. Advocate, through relevant forums, that central government formulate national strategies for the management of chemicals that have been identified internationally as having significant adverse effects on human health and the environment.
   
6. Develop, in conjunction with territorial authorities and other statutory agencies, contingency plans that avoid, remedy or mitigate the adverse effects of hazardous substances releases.

Hazardous substances are to be disposed of in ways that are designed to avoid adverse effects on human health and the environment.

1. Through regional and district plans provide methods that are designed to avoid adverse effects associated with the disposal of hazardous substances.
   
2. Ensure, through resource consents and regional and district plans, that risk assessments and risk management plans are required for sites where hazardous substances are disposed of.
   
3. Advocate to central government, through relevant forums:
   
   1. the development of national disposal processes or facilities for intractable² hazardous wastes
      
   2. the preparation and implementation of a nation-wide ‘cradle to grave’ management system for hazardous substances that pose a high risk of adverse effects.
   
   
4. Advocate through environmental education:
   
   1. the adoption and implementation of cleaner production programmes
      
   2. the safe disposal of hazardous substances.
   
   
5. Investigate the feasibility of developing sites for the disposal of low hazard (non intractable) wastes in conjunction with district councils and/or private industry.

With reference to Policy One, Implementation Method 1, hazardous substances need to be stored in a manner which is designed to avoid adverse effects from accidental releases. Some precautions necessary to avoid adverse effects are listed in the method. Adverse effects only arise when hazardous substances enter the wider environment. It is therefore necessary to ensure that any potential risks and adverse effects are minimised. Regional and territorial authorities can use rules and other methods in regional and district plans (or resource consents) to minimise adverse effects associated with the storage of hazardous substances. Activities involving the storage of hazardous substances can minimise risks of adverse effects by implementing risk management plans and developing contingency plans for emergency response. The purpose of Policy Four, Method 2 is to ensure that sites for the disposal of hazardous substances have a high level of natural containment. Education programmes can be targeted to improve the standards of storage facilities.

The Waikato Regional Council (Environment Waikato), territorial authorities and other statutory agencies (e.g. Fire Service, Police, Ministry of Health) need to prepare contingency plans and procedures for addressing the effects of accidental releases of hazardous substances. The preparation of these plans is identified as a method in Policies One, Two and Three. Among the issues that need to be addressed are the collection and provision of information and clean up materials and the treatment and disposal of spilt hazardous substances.

The transportation of hazardous substances (Policy Two) exposes corridors either side of transport routes to the risk of adverse effects. The level of risk is variable, depending upon the means of transport, the type of material being transported, the environment through which the route passes, the quantity of substances being transported and the way the materials are contained. The transportation of hazardous substances can expose the environment to risk and this risk must be minimised as far as practicable. The Regional Land Transport Strategy required under the Transit New Zealand Act 1989 will be a useful tool to ensure that hazardous substances are transported safely. Another means of ensuring that adverse effects from transport accidents are minimised is to provide designated transport routes for hazardous substances. The designation of these routes would help emergency services achieve prompt and effective response to accidents on the routes and would allow territorial authorities to minimise risks to the environment and the public through land use controls near the designated routes.
Some hazardous substances pose sufficient risk to the environment and human health that it would be desirable to know where they are at all times. This information would allow emergency services to be adequately prepared for transport accidents involving hazardous substances, thereby minimising any adverse effects. A nation-wide tracking system of these substances would provide this sort of information.

The use of hazardous substances (Policy Three), if not controlled, may cause downstream adverse environmental effects through, for example, loss to the air via fumes, or contamination of water resources. It will not always be practical to avoid adverse effects associated with the use of hazardous substances, in those cases users should remedy or mitigate the effects of their hazardous substance.

Regional and district plans can provide controls on the storage, use and disposal of hazardous substances. Methods relating specifically to rules in plans appear mainly under Policy Three (Implementation Methods 1, 2 and 3) but also in Policies One and Four. Rules in regional plans may be based on recognised industry codes of practice and legislation, provided that the codes of practice are consistent with the objectives and policies in the relevant plan. Information on the types of hazardous substances being used in the Region (Policy Three, Implementation Method 3) and where they are being used will be necessary to ensure that the provisions of regional and district plans provide consistent controls on the use of hazardous substances. Activities involving the use of hazardous substances can avoid, remedy or mitigate any adverse effects by preparing risk management plans and having contingency plans and procedures in place should an accident occur.

Cleaner production programmes are provided for in Implementation Method 4 of Policies Three and Four. By encouraging the implementation of cleaner production and providing environmental education on the safe use and disposal of hazardous substances, Environment Waikato can help the industry and the wider community to reduce the effects of the hazardous substances that they use. Cleaner production programmes are voluntary programmes where industries audit their operations and examine ways in which the use of hazardous substances and the production of wastes can be reduced. Cleaner production programmes undertaken elsewhere in New Zealand and overseas have demonstrated that considerable cost savings and environmental improvements can be achieved when the recommendations of the programmes are implemented.

Periodically chemicals in use in New Zealand are identified as posing a high risk of adverse effects (these situations are addressed by Policy Three, Implementation Method 5). Central government should consider providing national management strategies for the phaseout of such chemicals when alternative chemicals and technologies with lesser adverse effects become available. Organohalogen compounds such as DDT, PCB, PCP or Trichlorethylene are a good example of the types of chemicals addressed by this method.

The use of hazardous substances may generate hazardous wastes. Policy Four addresses some of the specific issues associated with hazardous wastes. (The objectives, policies and methods in section 3.9 Wastes also apply to hazardous wastes). Although such wastes are generated in the Waikato Region, there is no facility for satisfactory disposal. As the costs of establishing a suitable facility are extremely high and volumes of waste generated in the Region too low to support the separate development of suitable facilities, there is an increasing demand for the establishment of national disposal facilities. Hazardous wastes need to be treated and disposed of in a manner which ensures the least possible adverse environmental effects (see Policy Four, Implementation Methods 1, 2, 3 and 4). The adoption of ‘cradle to grave’ management systems (as suggested in Policy Four, Implementation Method 3) for hazardous substances would help ensure that hazardous substances were able to be disposed of properly before their use was approved.

1. Reduced volumes of hazardous wastes requiring disposal.
   
2. A reduction in the incidence and magnitude of adverse environmental effects from the storage, transport, use and disposal of hazardous substances.

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Footnotes

1. See Glossary for definition of cleaner production.
2. See Glossary for definition of intractable.