South Waikato District Plan

8 Hazards and Risks

8.2-HAZ Hazardous Substances

Issues

The rural area is expected to receive further primary processing facilities that will operate twenty-four hours a day, seven days a week at peak times of the season. Associated facilities include store/loading areas including the bulk storage of hazardous substances for cleaning process plant and equipment, wastewater treatment, tanker reception areas, services buildings and storage silos.

New and sensitive land-uses (such as rural-residential development) wishing to establish near existing major industrial sites must recognise the scale of these activities and their environmental effects, so restrictions on land-use, subdivision and the set back of sensitive activities are necessary to avoid inhibiting the operation of these consented or lawfully-established facilities.

Objectives

HAZ-O1

To minimise the potential for adverse effects in connection with the use of hazardous substances, so as to avoid or mitigate the risk of adverse effects on human health and the environment.

Policies

HAZ-P1

To achieve the Vision and Strategy for the Waikato River by managing land-use within the district within the River catchment in a way that restores and protects the health and wellbeing of the Waikato River, by controlling hazardous substances, use and storage.

HAZ-P2

Ensure that development minimises risks to people, properties and the environment from the use of hazardous substances.

HAZ-Rules

Subject to

(a) Use or storage of a hazardous substance in the GIZ

NA

 

(b) Use or storage of a hazardous substance in the GRUZ

(a) Table 7

(b) HAZ-R4(1) and (2)(a) to (c), except in relation to storage, treatment & spreading of agricultural effluent, which is subject to GRUZ-R6(7)

(c) HAZ-R6

(c) Use or storage of a hazardous substance in all other zones than the GIZ and GRUZ

(a) Table 7

(b) HAZ-R4(1) and (2)(a)-(c)

(c) HAZ-R6

Subject to

Storage at a service station that does not comply with any of the relevant standards for a PER activity in R4

Matters of control

 

(a) Proposed fire, safety and fire water management

(b) Proposed spill contingency and emergency planning

(c) Proposed monitoring and maintenance schedules.

(d) Proposed waste management

(e) Compliance with relevant Codes of Practice and Standards.

(f) HAZ-R6

Subject to

(1) Use or storage of hazardous substances which contravenes a standard for a PER activity

 

Matters of Discretion

 

(a) General matters in AA-R3(1) and (2)

(b) HAZ-R6

(c) The location, type and quantities of hazardous substances to be used

(d) Mitigation of risk to people, properties and the environment generally

(e) Monitoring and maintenance schedules, contingency measures and emergency plans

 

HAZ-R4 Standards

R4(1) – Standards for PER activities

(a) The aggregate quantity of hazardous substances of any hazard classification on the site is less than the quantity specified for the relevant zone in R4(2)(a) -Table 7 – Permitted Quantities by Zone (but for the purpose of this clause, hazardous substances and activities addressed by clause (b) and clause (d) through to (k) are excluded from consideration.)

(b) The activity is a service station with a maximum storage for retail sale of any or all of: 100,000 litres of petrol in underground storage tanks: 50,000 litres of diesel: 6 tonnes of LPG (single or multiple vessel storage above ground): 12 tonnes of LPG in underground storage tanks.

(c) The conditions in R4(2)(c) Table 8 – Conditions for All PER Activities, are complied with in the case of (a) or (b) above, or

(d) The hazardous substances stored or used on the site are:

(i) Trade waste in a wastewater or waste treatment facility

(ii) Roading materials within a road reserve

(iii) Domestic storage and use of consumer products for domestic purposes

(iv) Consumer products, held for re-sale to the public and stored in the manufacturers’ packaging

(v) Gas or oil pipelines and ancillary equipment

(vi) Fuel or safety equipment in motor vehicles, aircraft, boats or small engines

(vii) Fireworks subject to the Hazardous Substances (Fireworks) Regulations 2001, or ammunition, in domestic quantities

(viii) Fire-fighting substances on emergency vehicles, or in containers at emergency service facilities

(ix) Temporary storage of hazardous substances on site for no more than four days, where the hazardous substances containment meets the requirements for road transportation 

(e) Radioactivity is below that specified as an exempt activity in the Radiation Protection Regulations 1982, or radioactive materials are confined to domestic appliances

(f) Ponds used for processing or storing wastewater are set back at least:

(i) 150m from a dwelling, and

(ii) 30m from the site boundary

(g) A wastewater plant serving 3 or more dwellings, where wastewater treatment is fully enclosed, is set back at least

(i) 30m from a dwelling, and

(ii) 15m from the site boundary

(h) The activity is the removal and/or replacement of underground petroleum storage systems associated with service stations

(i) The activity is the storage and use of agrichemicals within the GRUZ or RLZ, in accordance with NZS8409:2004

(j) The activity is the storage and use of Class 3 fuels within the GRUZ or RLZ in accordance with the Environmental Protection Agency’s Approved Practice Guide for Above Ground Fuel Storage on Farms, September 2010

(k) The activity is the storage and use of fertiliser within the GRUZ or RLZ in accordance with the:

(i) Fertiliser (Corrosive) Group Standard HSR002569

(ii) Fertiliser (Oxidising) Group Standard HSR002570

(iii) Fertiliser (Subsidiary Hazard) Group Standard HSR002571

(iv) Fertiliser (Toxic) Group Standard HSR002572, and

(v) The Code of Practice for Nutrient Management (with emphasis on fertiliser use).

HAZ-R4(2)(a) Table 7 - Permitted Quantities by Zone

Hazardous Substance Property and Class

HSNO Subclass

ELGZ

GRUZ, COMZ,
RLZ, TCZ,
AIRPZ

GRZ,NCZ
MU-SETZ

Explosive 1

1.1 (all)

50kg

20kg

0

1.2 (all)

500kg

200kg

0

1.3 (all)

1500kg

500kg

0

1.2 or 1.3 with 1.1

50kg

20kg

0

Flammable 2 (gases)

(Aerosols)

2.1 (all)

1000kg or 2000m3

500kg or 1000m3

20kg or 40m3

2.1 (within 50m of m.s.z)

200kg

100kg

N/A

All other non-hazardous

5000kg or 10,000m3

2000kg or 4000m3

100kg

LPG

3000kg

1500kg

100kg

LPG (within 50m of m.s.z)

1000kg

500kg

N/A

Flammable 3

(Liquids)

3.1A, 3.1B

6000kg

2000kg

100kg

3.1A, 3.1B (within 50m of m.s.z)

2000kg

600kg

N/A

3.1C

20,000kg

6000kg

300kg

3.1D

60,000kg

20,000kg

1000kg

3.2 (all)

3000kg

1000kg

50kg

Flammable 4

(Solids)

4.1 (all)

3000kg

1000kg

50kg

4.2 (all)

1000kg

400kg

20kg

4.3 (all)

1000kg

400kg

20kg

Oxidising Capacity 5

5.1.2 Gases

1000m3

400m3

40m3

5.1.1 (all)

3000kg

1500kg

50kg

5.2 (all)

1000kg

500kg

20kg

Toxic 6

6.1A

500kg

200kg

0

6.1 Gases

300m3

100m3

0

6.1A (within 50m of m.s.z)

200kg

100kg

0

6.1B, 6.3-6.9

6000kg

2000kg

50kg

6.1B, 6.3-6.9 (within 50m of m.s.z)

2000kg

1000kg

N/A

6.1C

20,000kg

6000kg

300kg

6.1C (within 50m of m.s.z)

6000kg

2000kg

50kg

Corrosive 8

8.1, 8.2A, 8.3

6000kg

2000kg

50kg

8.2B, 8.2C

20,000kg

10,000kg

300kg

Eco-toxic 9

9.1A, 9.2A, 9.3A, 9.4A

500kg

500kg

500kg

(within 30m of water body)

100kg

100kg

100kg

9.1B, 9.2B, 9.3B, 9.4B

10,000kg

10,000kg

10,000kg

(within 30m of water body)

3000kg

3000kg

3000kg

9.1C, 9.2C, 9.3C, 9.4C

30,000kg

30,000kg

30,000kg

(within 30m of water body)

10,000kg

10,000kg

10,000kg

High BOD (>10,000mg/l)

 

100,000kg

40,000kg

20,000kg

(within 30m of water body)

40,000kg

20,000kg

20,000kg

 

HAZ-R4(2)(b) Interpretation of R4(2)(a) Table 7- Permitted Quantities by Zone

All- means all categories as defined in the Hazardous Substances (Classification) Regulations 2001.  (Categories are identified alphabetically for particular classes of Hazardous Substance.  For example Class 1 explosives is divided into categories A-H, J, K, L, N and S).

BOD5 – the biochemical oxygen demand (measured over a 5 day period), which is the amount of dissolved oxygen in a body of water required for the breakdown of organic matter in the water.

Class 1.2 and 1.3 substances are to be treated as Class 1.1 substances if they are stored with Class 1.1 substances.

HSNO subclass – has its meaning in the Hazardous Substances (Classification) Regulations 2001.

m.s.z – means “more sensitive zone” in the following order of sensitivity:

  • GIZ-Industrial Zone (least sensitive)
  • SPZ-ELG - Electricity Generation Zone
  • SPZ-AIRP - Airport Zone
  • GRUZ-General Rural Zone,
  • COMZ- Commercial Zone,
  • RLZ- Rural Lifestyle Zone,
  • TCZ-Town Centre Zone,
  • NCZ-Neighbourhood Centre Zone,
  • GRZ-Residential Zones,
  • MU-SETZ- Mixed Use-Settlement Zone (most sensitive)

e.g. the GRUZ is more sensitive than the AIRPZ but less sensitive than the GRZ.

HAZ-R4(2)(c) Table 8 – Conditions for all PER Activities

The following conditions apply to all activities PER except for those within the GIZ:

Item

Condition

(1)    Site Design

Any part of a site that is involved in the manufacture, mixing, packaging storage, loading, transfer, usage or handling of hazardous substances is designed, constructed and operated in a manner that prevents:

  1.     The occurrence of any off-site adverse effects from the activity on people, ecosystems, structures and other parts of the environment, or
  2.     The contamination of air, land or water (including groundwater, potable water supplies, and surface waters) in the event of a spill or other type of release of hazardous substances.

(2)    Site Layout

The separation between on-site facilities and the property boundary is adequate to protect neighbouring facilities, land-uses and sensitive environments.

(3)    Storage

The storage of any hazardous substance is managed to prevent:

  1.     The unintentional release of the hazardous substance, and
  2.     The accumulation of any liquid or solid spills or fugitive vapours and gases in enclosed areas, that might have adverse effects on people, ecosystems or structures.

(4)    Drainage systems

Site drainage systems are designed, constructed and operated in a manner that prevents the entry or discharge of hazardous substances into the stormwater or wastewater systems unless permitted by a network utility operator.

Compliance can be achieved using precautionary methods, including clearly identified stormwater grates and access holes, roofing, sloped pavements, interceptor drains, containment and diversion valves, oil-water separators, sumps and similar systems.

(5)    Spill containment

Any part of the site where a hazardous substance spill may occur must be serviced by a suitable spill containment system that is:

  1.     constructed from impervious materials resistant to the hazardous substances used, stored, manufactured, mixed, packaged, loaded or otherwise handled on the site, and for liquid hazardous substances
  1.       able to contain the maximum volume of the largest tank present, plus an allowance for stormwater or fire water, and
  2.      for drums or other smaller containers, able to contain half of the maximum volume of substances stored, plus an allowance for stormwater or fire water, and
  1.     able to prevent any spill or other unintentional release of hazardous substances, and any stormwater or fire water that has become contaminated, from entering the stormwater drainage system, unless permitted by a network utility, and
  2.     lable to prevent any spill or other unintentional release of hazardous substances, and any stormwater or fire water that has become contaminated, from discharging into or onto land or water (including drainage systems, groundwater and potable water supplies) unless permitted by a resource consent.

Suitable means of compliance include graded floors and surfaces, bunding, roofing, sumps, fire-water catchments, overfill protection and alarms, and similar systems.

(6)    Stormwater

All stormwater grates on the site are clearly labelled “Stormwater Only”.

(7)    Wash down areas

Any part of the site where vehicles, equipment or containers that are, or may be contaminated with hazardous substances are washed must be designed, constructed and managed to prevent any contaminated wash water from:

  1.     entry or discharge into the stormwater drainage or the wastewater system unless permitted by a network utility operator, and
  2.     discharge into or onto land or water (including groundwater and potable water supplies) permitted by resource consent.

Suitable means of compliance include roofing, sloped pavements, interceptor drains, containment and diversion valves, oil-water separators and sumps.

(8)    Underground storage tanks

Underground storage tanks for petroleum product storage must be designed, constructed and managed to prevent leakage and spills, and adverse effects on people, ecosystems and property. Underground storage tanks are:

  1.     constructed from impervious materials resistant to the hazardous substances to be stored, and
  2.     equipped with secondary containment facilities in areas of environmental sensitivity, and
  3.     serviced by a leak detection or monitoring system that is capable of detecting a failure or breach in the structural integrity of the primary containment vessel.

(9)    Signage

Signs are placed in compliance with the Hazardous Substances and New Organisms Act 1996.

(10)Waste Management

Waste containing hazardous substances is stored in a manner that prevents:

  1.     exposure to ignition sources, and
  2.     the corrosion or other alteration of the containers used for the storage of the waste, and
  3.     the unintentional release of the waste.

Wastes are disposed of to authorised facilities.

(11)  Records

Records are kept of all types and quantities of hazardous substances and wastes produced or stored on the site.  Records note method of waste disposal.

 

HAZ-R5 – Further Information

(1) Any resource consent application for activities that do not comply as a PER activity under HAZ-R1 shall be accompanied by the following additional information:

(a) Location, type and quantities of hazardous substances involved

(b) Transport of hazardous substances on and off the site, and mode of transportation

(c) Identification of on-site hazards, failure modes and exposure pathways from a proposed facility, including a description of the environment potentially affected

(d) Proposed monitoring and maintenance schedules, contingency measures and emergency plans

HAZ-R6- Other Plan Matters

The following also may be relevant:

(1) Section 7.1 Energy, 7.2 Infrastructure, 7.3 Transportation

(2) Section 8.1 Contaminated Land, 8.3 Natural Hazards

(3) Section 9.1 Historic Heritage, 9.2 Sites and Areas of Significance to Māori

(4) Section 10.1 Ecosystems and Indigenous Biodiversity, 10.2 Natural Character, 10.3 Natural Features and Landscapes, 10.4 Public Access

(5) Chapter 11 Subdivision      

(6) Section 12.1 All Activities

(7) Section 12.2 Activities on the Surface of Water, 12.3 Air Emissions, 12.4 Earthworks, 12.6 Light,12.7  Noise, 12.8 Signs, 12.9 Temporary Activities

(8) Part 3- Any relevant zone or overlay

HAZ- Principal Reasons

HAZ-PR1

The plan’s standards for the size and location of buildings, and the management of noise and hazardous substances are not restrictive. This recognises that the industrial estates cover sufficiently large areas for the potential environmental effects to be largely contained within the boundaries of the Zone itself.