Hazardous Facilities & Contamination
The following provides an overview of what this chapter is about and key outcomes sought. To view the chapter in its entirety please download the chapter from the attached pdf.
Introduction
Section 31(1)(b) of the Resource Management Act imposes a duty on the Kaipara District Council to control any actual and potential effects of the use, development or protection of land. This includes preventing or mitigating any adverse effects of the storage, use, disposal or transportation of hazardous substances (S31(1)(b)(ii)) and preventing or mitigating any adverse effects of the development, subdivision, or use of contaminated land (S31(1)(b)(iia)).
The District Plan provisions aim to prevent or mitigate adverse effects of land use activities that involve the management of hazardous substances. The District Plan also aims to manage activities on contaminated land to prevent adverse effects on human health and the environment.
This District Plan identifies activities that potentially contaminate land. This helps to identify where there is land that may be potentially contaminated within the District. Where sites have previously had potentially contaminating activities occur, the developer will be expected to undertake investigations as to whether the site is contaminated or not (see Appendix 24e). Information about the extent of contamination if any, will be kept on the Council’s ‘Contaminated Land Register’ and will be available through the Land Information Memorandum (LIM), and Project Information Memorandum (PIM) process.
The use, storage, transportation and disposal of potentially hazardous substances have long been an integral part of the normal activities of a community. In some instances accidental discharge to the surrounding environment has resulted in land contamination. These substances, whether singularly or in combination, have the potential to adversely affect the health and safety of the community, the wellbeing and sustainability of the local natural and physical environment.
The use of land associated with hazardous substances is called a 'hazardous facility'. Hazardous facilities are not limited to industrial activities, but include many activities associated with primary food production (e.g. agriculture, horticulture and viticulture), transport activities (including petrol stations and garages, as well as the storage, loading and unloading of vehicles used for the transportation of hazardous substances) and smaller scale commercial land uses.
In areas subject to natural hazards (such as flooding or land instability), hazardous facilities may be exposed to greater risks of damage or failure, resulting in unintended release of substances or events such as fires or explosions.
In addition to the provisions of this District Plan dealing with hazardous substances, contaminated and potentially contaminated land, the following must also be adhered to:
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The relevant Rules and provisions of the Regional Plan and Regional Policy Statement, administered by the Northland Regional Council.
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Regulations for hazardous substances under the Hazardous Substances and New Organisms Act 1996, administered primarily by the Environmental Risk Management Authority and the Department of Labour.
How to Use This Chapter of the District Plan
This Chapter contains Issues, Objectives and Policies relating specifically to recognising and managing Hazardous Facilities and Contaminated Sites. While this Chapter contains methods, it does not contain ‘rules’. The Outcomes sought for the use, development and protection of land with respect to hazardous substances and contaminated sites will be achieved through land use and subdivision rules and performance standards in the Zone Chapters.
As long as the standards for hazardous substances and use of contaminated sites are met, landowners have flexibility on what they do on their property and do not need to consider this Chapter. However, if a proposed development or new land use will exceed the standards relating to hazardous substances or use or development of a contaminated site, you will need to apply to do the work (lodge a resource consent). If you are applying for such consent, you should give consideration to this Chapter, particularly on how your development contributes to achieving the objectives and policies.
Before you use this Chapter of the Plan, check:
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That the property is registered by Council as a Contaminated Site (as identified on your LIM or PIM) or is considered potentially contaminated (see Appendix 24e); |
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That the proposed use or development does not meet the performance standards relating to hazardous substances or use or development of a contaminated site; |
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That the consent application has considered the matters for assessment with respect to the performance standard non-compliance. |
Outcomes
- Improved community and industry awareness of risks posed by activities using, storing, transporting or disposing of hazardous substances
- Adoption of appropriate site management and operational practices for hazardous substances
- The avoidance of harm to people’s safety, property and the environment from the use, storage, transport and disposal of hazardous substances
- Contaminated sites within the District identified and assessed and any subdivision, use or development of these sites does not adversely impact on the health and safety of people and communities.