Regional Air Quality Management Plan - regional rules
There are 23 regional rules in the Regional Air Quality Management Plan regulating discharges of contaminants to air. These are listed below.
The Ministry for the Environment has set National Environmental Standards for air quality. Prohibited activities about burning specified material came into effect on 8 October 2004.
The discharge of contaminants into air in connection with land-based application of agrichemical spray and powder:
(1) where agrichemical sprays are applied with a hand operated, and manually pumped, sprayer with a capacity of 20 litres or less; or where agrichemical powders are applied by hand;
(2) where agrichemical sprays or powders are applied by any means other than that described in (1); and the area to be sprayed or dusted with agrichemical powder is not located within 50 metres of adjacent properties or places of common public assembly;
(3) where agrichemical sprays or powders are applied by any means other than that described in (1); and the area to be sprayed or dusted with agrichemical powder is located within 50 metres of adjacent properties and places of common public assembly; and
(4) in public areas and alongside public roadways using any method of application.
is a Permitted Activity, provided it complies with the relevant conditions below .
Conditons
Activity Conditions
(1) (i) - (vi)
(2) (i) - (vi)
(3) (i) - (viii)
(4) (i) - (vi), (ix) - (xi)
The persons responsible for the activity shall ensure that:
(i) No agrichemicals are sprayed, or applied as powders, on or above surface water bodies, artificial watercourses, a bore, or spring unless they are registered for use over water bodies ( Note: if the discharge is directly into water, a Resource Consent may be required under the Regional Freshwater Plan.).
(ii) Where agrichemical sprays or powders are applied to the dry beds of any surface water bodies or artificial watercourses:
- only those products registered for use in dry watercourses may be applied; and
- all practical steps shall be taken to ensure that the appropriate re-entry time is allowed to elapse before water re-enters the watercourse.
(iii) Spray solutions are diluted, and sprays and powders are applied, strictly in accordance with the manufacturers' instructions and at concentrations not exceeding the manufacturers' label recommendations.
(iv) No mixing or diluting of chemicals takes place within 20 metres of a surface water body, a bore, spring, tile drain or the coastal marine area, unless the mixing or diluting takes place on an impervious surface which is bunded to contain washdown water or spillages.
(v) Sprays and powders are applied in a manner which does not cause or is not likely to cause adverse effects beyond the boundary of the property.
(vi) The Wellington Regional Council is notified immediately in the case of accidental discharge into a water body.
Conditions (vii) and (viii) are additional to conditions (i) - (vi) for activity (3)
(vii) Written notice (either direct notification to individual properties or public notification) is given to all adjacent properties or places of common public assembly (e.g., schools, kindergartens, offices, etc.) located within 50 metres of the area to be sprayed or dusted with agrichemical powder.
Such notification is to take place prior to the spraying, not less than once a year, at the beginning of the year or spray season.
Such notification is unnecessary if owners or occupiers of adjacent properties or places of public assembly agree in writing that notification is not required;
Notice must be in the form of a property spray plan and include details of:
(a) the property, or part of property, to be sprayed or dusted with powder;
(b) the periods (likely day(s), date(s) and time(s)) when the agrichemical sprays or powders will be applied;
(c) the crops or vegetation to be sprayed and a list of chemicals (with brand names) to be used;
(d) any safety precautions for third parties, as noted in the most recent edition of the New Zealand Agrichemical and Plant Protection Manual (WHAM Chemsafe Ltd.);
(e) a list of immediate neighbours, and their contact phone numbers;
(f) identification of sensitive areas (e.g., residential buildings, school buildings, amenity areas, public water supply catchments, water bodies, sensitive crops or farming systems, wetlands, public roads) and the strategies employed to avoid contamination of those areas;
(g) the name and contact phone number of those carrying out the agrichemical application; and
(h) the equipment and method of application to be used.
(viii) A spray diary showing how the spray plan was implemented, is maintained, and available for inspection, containing:
- date and time of spray/powder application;
- concentration and volume of spray/powder used;
- weather conditions (including wind speed and direction);
- how notification requirements have been met; and
- details of any abnormal situation or incident, and any action taken, including any variations to the spray plan.
Conditions (ix) - (xi) are additional to conditions (i) - (vi) for activity (4)
(ix) The Principal Contractor shall hold a current [Advanced GROWSAFE Certificate ], and employees shall hold a Standard GROWSAFE Certificate issued by the New Zealand Agrichemical Education Trust.
(x) Where spraying or the application of powders occurs in a public area other than roads, signs clearly advising that spraying is in progress are placed within the immediate vicinity of the activity immediately prior to commencing spraying, and maintained in place until the re-entry period for that particular chemical, has expired.
(xi) Where spraying or the application of powders occurs alongside public roads and other public thoroughfares, vehicles associated with the spraying shall display prominent signs (front and back) advising that spraying is in progress.
Explanation: Rule 1 relates to the spray and powder application of agrichemicals using land-based equipment. The term "agrichemical" is defined in the Definitions. It includes all pesticides, insecticides, herbicides, and fungicides, but does not include fertilisers. This rule only applies to the application of agrichemicals by methods involving spraying or dusting with powders. The application of agrichemicals by wipers, which do not produce spray droplets and therefore do not affect air quality, are not restricted in this Plan. Application of agrichemicals to land as solids or pastes (e.g., by baits), the aerial release of bait for the control of vertebrates and the application of agrichemicals in a granule or pellet form is addressed in the Regional Plan for Discharges to Land for the Wellington Region. Direct application of agrichemicals into water (e.g., by injection) is addressed in the Council's Regional Freshwater Plan. Application of agrichemical sprays or powders in the coastal marine area is addressed in the Regional Coastal Plan.
Rule 1 relates to all instances where agrichemicals are sprayed or dusted in powder form, including the application of agrichemicals on domestic properties, trade and industrial premises, and in public and rural areas. The rule is primarily aimed at avoiding or mitigating the adverse effects of agrichemical spray drift on human health and safety and on surface water bodies and their ecosystems. A core set of conditions applies to all circumstances in which agrichemicals are applied, with additional conditions for application when using the larger methods of application specified and close to other properties, and in public areas.
The application of agrichemical sprays and powders using small scale application methods, other than in public areas is a permitted activity, as long as the stated conditions are complied with. Any method of application in a public area is in activity (4). All other applications are in activity (1), (2) or (3). Activity (4) excludes application on road frontage areas where sprays or powders are applied by the residents or owners (or their representatives) of an adjoining property, when using the methods described in (1).
Activity (1) includes road frontage areas where sprays or powders are applied by the residents or owners (or their representatives) of an adjoining property using the above methods, but excludes any other application in public areas or alongside public roadways as addressed in activity (4).
Public areas include areas to which the public generally have unrestricted access, such as:
- roadsides and other access ways;
- public areas administered by local authorities, including car parks, parks, forest reserves, reserves and recreation areas;
- public areas administered by government departments, including car parks, parks, reserves and recreation areas, and other Crown estate;
- areas administered by sports clubs (sports fields, golf clubs etc.) or educational institutes (kohanga reo, kindergartens, schools, tertiary education facilities etc.); and
- areas associated with industrial or trade premises to which the public has unrestricted access.
The application of agrichemical sprays and powders in public areas is permitted, subject to compliance with the stated conditions. The most important of these conditions is that the Principal Contractor responsible for the activity must hold a Registered Chemical Applicators' GROWSAFE Certificate and all employees spraying in these areas must hold a current Standard GROWSAFE Certificate, issued by the New Zealand Agrichemical Education Trust. Spraying without the required certificate requires a discretionary resource consent (Rule 23).
Activities (2) and (3) of Rule 1 relate to larger methods of spray application. This would normally relate to production land and trade and industrial premises (where the public have restricted access) and include the application of agrichemical sprays and powders on agricultural, horticultural, silvicultural, native forest lands and alongside railway tracks.
Rule 1 includes a series of conditions which must be complied with in order for the respective spraying or application of powders to be considered as permitted activities. This includes the condition that no agrichemical sprays or powders are applied on or above a surface water body or any artificial watercourse unless the agrichemical is registered for use over water bodies. The rule permits spraying along the banks of water bodies and on the beds of dry water bodies, provided that only agrichemicals registered for that purpose are used, and subject to due regard being taken of the re-entry time for introducing water into channels, as specified by the manufacturer or in the most recent edition of the New Zealand Agrichemical and Plant Protection Manual. “Re-entry period” is defined in the definitions.
Rule 1 also requires that spray solutions are diluted and sprays and powders are applied strictly in accordance with the manufacturers’ instructions and at concentrations not exceeding the manufacturers' label recommendations, and that sprays and powders are applied in a manner which does not cause or is not likely to cause adverse effects beyond the boundary of the property.
The rule also requires that the dilution or mixing of agrichemical sprays only takes place at a distance of more than 20 metres from a surface water body, a bore, spring, tile drain or the coastal marine area. Mixing any closer than 20 metres is permitted so long as it is carried on an impermeable surface which is bunded to contain spillages or washwater, otherwise it is a discretionary activity and requires a discretionary resource consent.
Notification to the Council in the event of the accidental discharge of agrichemical solutions or sprays to water will enable the Council to act quickly to mitigate or remedy the adverse effects caused by such an event.
A significant aspect of the rule is the requirement for public notification when agrichemical sprays and powders are applied using larger scale methods of application close to other properties (condition vii) This condition requires that written notice be given to all adjacent properties or place of common public assembly (schools, halls, sports fields etc.), which is within 50 metres of the area to be sprayed or dusted with powder. Public notification can either be via direct notice to neighbouring properties as described above, or through public notification in a community, district or national newspaper. Notification must be given at least once a year, at the start of the year or at the beginning of the spray season.
Public notification is not required when the written agreement of the owner or occupier of an adjacent property has been obtained that states that notification is not required. In such instances, spraying can be carried out without notification to the adjacent property owner/occupier until such time as the ownership or occupation of the neighbouring property changes, or the notice stating that public notification is not required is rescinded. It should be noted that notification is not required when the agrichemical spray application takes place with a manually pumped sprayer with a capacity of 20 litres or less, or when agrichemical powders are applied by hand.
The information required with the notification is outlined in the condition. The period when the sprays or powders are applied means the general time frame which can be reasonably predicted. For example, if a horticulturalist wishes to apply agrichemicals within 50 metres of a neighbour's property then the notice to the neighbouring property owner could state that "spraying will be undertaken between 6-10 am on Tuesday 9th, Wednesday 10th, or Thursday 11th of February, depending on weather conditions". It should be noted that the requirement for notification does not mean that approval is required from those people to whom notification is given. Failure to provide adequate notification, where required, makes spraying relating to the use of these larger scale methods a discretionary activity.
Condition (viii) calls for the use of spray diaries, regardless of the type of chemicals being applied in the same situations as spray plans are required. The relevant data must be entered into the spray diary on each occasion that agrichemicals are sprayed or dusted. The spray diary may be required for inspection by Council compliance officers.
Conditions (ix)-(xi) require the provision of signage where agrichemical spraying has occurred or is in progress in public areas. Signs must be placed in the immediate vicinity of the spraying. This requirement does not apply to the application of agrichemical sprays and powders on or beside public roads.
Where signs are required they must clearly indicate that spraying is in progress. The signs must be maintained in place until the re-entry period for the particular chemical has passed. The re-entry period is the time elapsed until it is safe for humans to enter a sprayed or dusted area with little possibility of suffering any adverse affects from the spraying. The re-entry times for chemicals are those specified on the product label or in the most recent edition of the New Zealand Agrichemical and Plant Protection Manual.
Where agrichemical spray or powder application occurs alongside public roads and other public thoroughfares, condition (xi) requires that vehicles associated with the spraying must display prominent signs (front and back) clearly indicating that spraying is in progress.
The discharge of contaminants into air in connection with:
(1) the aerial application of agrichemical sprays or powders;
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The persons responsible for the activity shall ensure that:
(i) The pilot holds a current agrichemical rating (issued by the NZ Agrichemical Education Trust), and loaders and ground crew shall hold the Standard GROWSAFE Certificate (issued by the NZ Agrichemical Education Trust), endorsed "Aerial Application Ground Crew".
(ii) Spray solutions are diluted, and sprays and powders are applied, strictly in accordance with the manufacturers' instructions and at concentrations not exceeding the manufacturers' label recommendations.
(iii) No mixing or diluting of chemicals takes place within 20 metres of a surface water body, a bore, spring, tile drain or the coastal marine area, unless the mixing or diluting takes place on an impervious surface which is bunded to contain washdown water or spillages.
(iv) No agrichemical sprays or powders are discharged over a catchment with surface water that is managed for water supply purposes as identified in any regional plan or proposed regional plan.
(v) All practicable steps are taken to avoid release of agrichemical over other open surface water (see Definitions) or wetland of one hectare or more unless the agrichemical is registered for use over water bodies.
(vi) Written notice (either direct notification to individual properties or public notification) is given to all adjacent properties, and places of common public assembly (e.g., schools, kindergartens, offices, etc.) located within 300 metres of the area to be sprayed or dusted with agrichemical powder.
Such notification is to take place prior to the spraying, not less than once a year, at the beginning of the year or spray season.
Such notification is unnecessary if owners or occupiers of adjacent properties or places of public assembly agree in writing that notification is not required.
Notice must be in the form of a property spray plan and include details of:
(a) the property or part of property to be sprayed or dusted with powder;
(b) the periods (likely day(s), date(s) and time(s)) when the agrichemical sprays or powders will be applied;
(c) the crops or vegetation to be sprayed and a list of chemicals (with brand names) to be used;
(d) any safety precautions for third parties, as noted in the most recent edition of the New Zealand Agrichemical and Plant Protection Manual;
(e) a list of immediate neighbours, and their contact phone numbers;
(f) identification of sensitive areas (e.g., residential buildings, school buildings, amenity areas, public water supply catchments, water bodies, sensitive crops or farming systems, wetlands, public roads) and the strategies employed to avoid contamination of those areas;
(g) the name and contact phone number of those carrying out the agrichemical application; and
(h) the equipment and method of application to be used.
(vii) A spray diary showing how the spray plan was implemented is maintained, and available for inspection, containing:
(a) date and time of spray/powder application;
(b) name and type of agrichemicals applied (including any additives);
(c) concentration and volume of spray/powder used ;
(d) weather conditions (including wind speed and direction);
(e) how notification requirements have been met; and
(f) details of any abnormal situation or incident, and any action taken, including any variations to the spray plan.
(viii) The Wellington Regional Council is notified immediately in the case of any emergency release, or accidental discharge.
(ix) Sprays and powders are applied in a manner which does not cause or is not likely to cause adverse effects beyond the boundary of the property.
Explanation: Aerial application of agrichemicals (as defined in the Definitions section of this plan) is permitted provided the conditions are complied with. If the conditions cannot be met, the activity is discretionary and covered by Rule 23.
Condition (i) requires that personnel involved in carrying out an aerial operation hold the appropriate qualifications.
Conditions (ii) and (iii) are also included in Rule 1 and address best practice in terms of following the label recommendations and preventing contamination of the environment.
If agrichemicals are to be aerially applied over public water catchments, a consent is required under Rule 23. The water bodies referred to in condition (v) are those which are readily visible from the air and can be avoided by the pilot.
A significant aspect of the rule is the requirement for public notification when agrichemical sprays and powders are applied close to other properties (condition vi). This condition requires that written notice be given to all adjacent properties or place of common public assembly (schools, halls, sports fields etc.), which is within 300 metres of the area to be sprayed or dusted with powder. Public notification can either be via direct notice to neighbouring properties as described above, or through public notification in a community, district or national newspaper. Notification must be given at least once a year, at the start of the year or at the beginning of the spray season.
Public notification is not required when the written agreement of the owner or occupier of an adjacent property has been obtained that states that notification is not required. In such instances, spraying can be carried out without notification to the adjacent property owner/occupier until such time as the ownership or occupation of the neighbouring property changes, or the notice stating that public notification is not required is rescinded.
The information required with the notification is outlined in the condition. The period when the sprays or powders are applied means the general time frame which can be reasonably predicted. For example, if a horticulturalist wishes to apply agrichemicals aerially within 300 metres of a neighbour's property then the notice to the neighbouring property owner could state that "spraying will be undertaken between 6-10 am on Tuesday 9th, Wednesday 10th, or Thursday 11th of February, depending on weather conditions". It should be noted that the requirement for notification does not mean that approval is required from those people to whom notification is given. Failure to provide adequate notification, where required, makes spraying a discretionary activity.
Condition (vii) calls for the use of spray diaries, regardless of the type of chemicals being applied in the same situations as spray plans are required. The relevant data must be entered into the spray diary on each occasion that agrichemicals are sprayed or dusted. The spray diary may be required for inspection by Regional Council compliance officers.
The Council must be notified (condition (viii)) in the event of any accidental discharge or emergency load release to enable any necessary remedial measures to be undertaken.
The discharge of contaminants into air in connection with any process involving:
(1) the use of fumigants;
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The person(s) responsible for the activity shall ensure that:
(i) there is no dust, odour, gas or vapour from the process which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
Explanation: Rule 3 relates to discharges to air resulting from the use of fumigants.Rule 3 permits the discharge of contaminants to air resulting from fumigation, as long as it is in compliance with the stated conditions.Rule 3 applies regardless of whether fumigation is undertaken on domestic properties, industrial and trade properties, in rural settings or in specialised instances, such as fumigation relating to border control operations.
Discharges which do not comply with the stated condition, are discretionary activities, covered by Rule 23.
Fumigation is also controlled by other regulations such as the Fumigation Regulations 1967.These regulate requirements such as notification and signage in varying ways depending on the fumigant used.
Users should also be aware of the "Draft Code of Practise for Fumigation" by the Pest Control Association of New Zealand, May 1997 (formal code of practice currently under preparation).
The discharge of contaminants into air in connection with:
(1) the management of agricultural effluent, including, but not limited to, anaerobic and aerobic pond processes and over land flow and spray irrigation processes; and/or
(2) [buildings used to house animals or feedlots which are part of factory farms; and/or
(3) ]other on-farm processes, such as the manufacture of silage, not otherwise covered by other rules;
is a Permitted Activity, provided it complies with the conditions below [... ].
Conditions
The person responsible for the activity shall ensure that:
(i) there is no dust, odour, gas or vapour from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
Clause 2 of Rule 4 was inserted by Plan change 1 to the Regional Air Quality Management Plan 2003
Exclusion (a) of Rule 4 was deleted by Plan change 1 to the Regional Air Quality Management Plan 2003
Explanation: Rule 4 permits the discharge of contaminants to air resulting from farming, as long as it does not emanate from factory farms, and is otherwise in compliance with the stated conditions. Rule 4 permits the discharge of contaminants to air associated with the discharge or processing of farm wastes, such as the treatment and spreading of dairy shed effluent. It also permits discharges to air from other on-farm activities, as long as they are not covered by other rules in this Plan.
As an example, discharges to air resulting from, but not limited to extensive deer, sheep, cattle or pig farming are permitted activities as long as they comply with the stated condition. Proper management and regard to distances from neighbouring properties should ensure that discharges to air from on-farm processes do not result in any offensive or objectionable dust, odour, gas or vapour at or beyond the boundary of the property. Discharges to air from factory farms (intensive farming) are explicitly excluded from Rule 4 and require a discretionary activity resource consent, under Rule 23. Conditions on such consents would require good practice techniques for controlling odour and dust discharges. Adherence to the Pork Industry Board Code of Practice (1993) could be such a condition. Factory farms are defined in the Interpretation.
The discharge of contaminants into air from industrial or trade premises in connection with:
(1) any processing of animal or plant matter (including any process incidental to the cooking of food such as deep fat frying, oil frying, roasting, drying, curing by smoking, and the slaughter or skinning of animals);
is a Permitted Activity, provided it complies with the conditions below, and excluding discharges of contaminants to air arising from:
(a) the extraction, distillation or purification of animal or vegetable oils or fats;
(b) the rendering, reduction, drying or curing (other than by smoking) through application of heat to animal matter (including, but not limited to, feathers, blood, bone, hoof, skin, offal, whole fish, and fish heads and guts) and like parts;
(c) the processing of skins, including fellmongery and tanning; or
(d) the drying of milk or milk products through the application of heat.
Conditions
The person(s) responsible for the activity shall ensure that:
(i) there is no discharge of smoke, particulates (including dust, fat and oil), odour, gas, vapour which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property; and
(ii) the discharge of contaminants to air is vented through a chimney(s) or vent(s) which discharge at a point(s) which, as far as practicable, avoids the adverse effects or potential adverse effects of downwash.
Explanation: Rule 5 relates to discharges to air from the processing of animal or plant matter, such as by cooking, curing and smoking. This Rule applies to industrial or trade premises only, and includes processes undertaken in abattoirs, meat packaging plants, food manufacturing plants, fast food outlets, commercial kitchens and the like. Rule 5 permits the discharge of contaminants to air resulting from the processing of animal and plant matter, as long as it is not any of those activities noted in (a-d), and is in compliance with the stated conditions.
Discharges from domestic premises are not covered by this rule but remain subject to the nuisance provisions of the Health Act 1956 (section 29). Discharges of contaminants to air from industrial or trade premises that are explicitly excluded by (a-d) in Rule 5 are discretionary activities which require a resource consent under Rule 23.
The discharge of contaminants into air in connection with any combustion process (other than discharges to air from mobile transport sources, which are not controlled by this Plan), involving:
(1) the use of an internal or external combustion engine, heating appliance or electrical generation plant(s) with a combined generation capacity of 2 MW or less (measured by the higher heating value of the input fuel);
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m (at STP), measured at the point of discharge;
(ii)there is no smoke, dust, odour, gas or vapour from the discharge, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property;
(iii)where the generation capacity is 100 kW or less (measured by the higher heating value of the input fuel) the discharge shall be made at a point which as far as practicable avoids the adverse effects, or potential adverse effects, of downwash; or
where the generation capacity is greater than 100 kW (measured by the higher heating value of the input fuel) discharges must be through a chimney(s) which should terminate at least 3 metres above the level of any adjacent area to which there is general access; and
(iv)chimneys discharging the products of combustion are designed to ensure the uninterrupted vertical discharge of vapours.
Note: The burning of materials explicitly excluded from Rule 19 is a discretionary activity. While an activity may appear to be permitted under Rule 6, it is a discretionary activity if it involves burning of one of the materials listed in Rule 19, e.g., use of untreated waste oil as a combustion fuel.
Explanation of Rules 6 and 7: Rules 6 and 7 relate to the discharge of contaminants to air from small and medium scale internal or external combustion engines, heating appliances and electrical generation plants. Both rules apply to industrial or trade premises and other premises such as apartment blocks, office buildings, hotels, electrical generation plants, and domestic premises. The rules do not cover the discharge of contaminants from mobile transport sources.
Both Rules 6 and 7 apply regardless of the fuel being used. Rule 6 permits discharges from facilities with a combined generation capacity of 2 MW or less (measured by the higher heating value of the input fuel), subject to compliance with the stated conditions. The discharge of contaminants from facilities with a generation capacity greater than 2 MW but less than 5 MW are covered by Rule 7 and are controlled activities, and again are subject to the stated conditions. Discharges of contaminants from facilities with a combined generation capacity equal to and greater than 5 MW are discretionary activities covered by Rule 23. Similarly, processes otherwise covered by Rules 6 and 7 which cannot meet the conditions, are discretionary activities and are also covered by Rule 23. The limits indicated in Rules 6 and 7 apply to the cumulative total heat released from a particular premises (based on the higher heating value of the input fuel).
Rule 7 deals with medium to large scale processes. These activities are controlled activities for which a resource consent must be obtained from the Council, because of the greater potential for adverse effects resulting from the discharges. Instead of explicit conditions relating to avoiding or minimising the adverse effects of downwash from the point of discharge, the Council has chosen to reserve its discretion about the height and design of the discharge point. The Council will establish the height and design of chimneys/discharge points based on guidelines for making such assessments, as detailed in Appendix 3. For larger discharges dispersion modelling work may be required to assess likely effects on surrounding areas.
The conditions require that discharges do not generally exceed an opacity of 20 percent, that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP) measured at the point of discharge, that there are no noxious, dangerous, offensive or objectionable discharges. Rule 6, relating to smaller scale processes includes two further sets of conditions (conditions iii and iv) which are aimed at ensuring against fugitive emissions and minimising the adverse effects from downwash. These conditions have the added benefit of enabling greater ease of monitoring.
The discharge of contaminants into air in connection with any combustion process (other than discharges of contaminants to air from mobile transport sources, which are not controlled by this Plan) involving:
(1) the use of an internal or external combustion engine, heating appliance or electrical generation plant(s) with a combined generation capacity of more than 2 MW but not exceeding 5 MW (measured by the higher heating value of the input fuel);
is a Controlled Activity, provided it complies with the standards below.
Standards
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m (at STP), measured at the point of discharge; and
(ii) there is no smoke, dust, odour, gas or vapour from the discharge, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
Note: The burning of materials explicitly excluded from Rule 19 is a discretionary activity. While an activity may appear to be controlled under Rule 7, it is a discretionary activity if it involves burning of one of the materials listed in Rule 19 e.g., the use of untreated waste oil as a combustion fuel.
Control
The Wellington Regional Council shall exercise control over:
(a)the height and design of chimneys/discharge points (see Appendix 3);
(b)the taking and supplying of samples;
(c)the carrying out of measurements, samples, analyses, surveys, investigations or inspections, at the consent holder's expense;
(d)the provision of information to the Wellington Regional Council at specified times, at the consent holder's expense;
(e)compliance with monitoring, sampling and analysis conditions at the consent holder's expense; and
(f)the payment of administrative charges and financial contributions.
Explanation of Rules 6 and 7: Rules 6 and 7 relate to the discharge of contaminants to air from small and medium scale internal or external combustion engines, heating appliances and electrical generation plants. Both rules apply to industrial or trade premises and other premises such as apartment blocks, office buildings, hotels, electrical generation plants, and domestic premises. The rules do not cover the discharge of contaminants from mobile transport sources.
Both Rules 6 and 7 apply regardless of the fuel being used. Rule 6 permits discharges from facilities with a combined generation capacity of 2 MW or less (measured by the higher heating value of the input fuel), subject to compliance with the stated conditions. The discharge of contaminants from facilities with a generation capacity greater than 2 MW but less than 5 MW are covered by Rule 7 and are controlled activities, and again are subject to the stated conditions. Discharges of contaminants from facilities with a combined generation capacity equal to and greater than 5 MW are discretionary activities covered by Rule 23. Similarly, processes otherwise covered by Rules 6 and 7 which cannot meet the conditions, are discretionary activities and are also covered by Rule 23. The limits indicated in Rules 6 and 7 apply to the cumulative total heat released from a particular premises (based on the higher heating value of the input fuel).
Rule 7 deals with medium to large scale processes. These activities are controlled activities for which a resource consent must be obtained from the Council, because of the greater potential for adverse effects resulting from the discharges. Instead of explicit conditions relating to avoiding or minimising the adverse effects of downwash from the point of discharge, the Council has chosen to reserve its discretion about the height and design of the discharge point. The Council will establish the height and design of chimneys/discharge points based on guidelines for making such assessments, as detailed in Appendix 3. For larger discharges dispersion modelling work may be required to assess likely effects on surrounding areas.
The conditions require that discharges do not generally exceed an opacity of 20 percent, that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP) measured at the point of discharge, that there are no noxious, dangerous, offensive or objectionable discharges. Rule 6, relating to smaller scale processes includes two further sets of conditions (conditions iii and iv) which are aimed at ensuring against fugitive emissions and minimising the adverse effects from downwash. These conditions have the added benefit of enabling greater ease of monitoring.
Small scale production and collection (including the refining, purification, and reforming) of biogas and the storage, transfer, and small scale flaring of hydrocarbons and biogas)
The discharge of contaminants into air from industrial or trade premises in connection with any:
(1) process involving the production and collection (including refining, purification, and reforming) of biogas produced by the anaerobic fermentation of waste at a rate less than 10 m per day;
(2) flaring of hydrocarbons and biogas at a combined rate of less than 2 MW; and/or
(3) storage or transfer of hydrocarbons and biogas;
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m(at STP), measured at the point of discharge;
(ii)there is no smoke, dust or odour from the discharge which is offensive or objectionable at or beyond the boundary of the premises or property;
(iii)processes discharging contaminants to air noted in sections (1) and (2) above, discharge through a chimney(s) which terminate at least 3 metres above the level of any adjacent area to which there is general access;
(iv)ventilation pipes and storage tank pipes are designed to ensure the unimpeded vertical discharge of vapours displaced during transfer of liquids or during normal tank breathing; and
(v)there is no naked flame from flares visible at or beyond the boundary of the premises.
Explanation: Rule 8 permits the discharge of contaminants to air in relation to the small scale production, storage, transfer, and small scale flaring of hydrocarbons and biogas, subject to the stated conditions. Rule 8 relates to discharges from industrial and trade premises only. It permits the discharge of contaminants to air from all activities described in (1)-(3). The actual production of hydrocarbons, including the refining, purification, and reforming of hydrocarbons and any other hydrocarbon and biogas processing not covered in (1)-(3), and where undertaken on a industrial and trade premises, is a discretionary activity requiring resource consent.
All other discharges relating to the processing or handling of hydrocarbons or biogas on industrial or trade premises are discretionary activities under Rule 23. Therefore, the refining, purification, and reforming of hydrocarbons, other than biogas at rates of more than 10 m per day, is a discretionary activity covered by Rule 23. Similarly, the flaring of hydrocarbons and biogas at rates equal to or greater than 2MW is a discretionary activity, also covered by Rule 23.
The conditions in Rule 8 require that there is no discharge of particulates of a concentration greater than 250 mg/m (at STP) measured at the point of discharge, and that there are no offensive or objectionable discharges. Conditions (iii) and (iv) are aimed at ensuring against fugitive emissions and minimising the adverse effects from downwash. These conditions also have the added benefit of enabling greater ease of monitoring discharges. Condition (v) requires that there be no naked flame visible at or beyond the boundary of the premises. Flames from flares must be shielded. Unshielded flares will require a discretionary resource consent, under Rule 23. Flaring involves burning off combustible gases which would otherwise pose a safety hazard.
The discharge of contaminants into air from industrial or trade premises in connection with:
(1) carbonising or gasification process involving natural gas, petroleum, oil shale, coal, wood, or other carbonaceous material, including:
(a) pyrolysis or destructive distillation, regardless of whether the solid, liquid or gaseous products are being recovered; and
(b) gasification by partial combustion with air or oxygen or reaction with steam; and/or
(2) the production of solid fuels produced from waste by use of heat;
is a Discretionary Activity.
Explanation: Rule 9 relates to discharges to air from fuel conversion processes. Rule 9 relates to fuel conversion processes involving both hydrocarbons and non-hydrocarbons.
Rule 9 makes the discharge of contaminants to air from all fuel conversion processes, undertaken on industrial or trade premises, discretionary activities. Carbonisation involves the burning of materials (e.g., the production of charcoal) from wood. Destructive distillation refers to the distillation of solid materials, accompanied by their decomposition. This includes the production of coke from charcoal. Gasification processes introduce reacting gases into a reactor to encourage the formation of gaseous products and/or release heat within the reactor. Gasification reactions usually take place at higher temperatures than required for pyrolysis. For complete gasification, all of the solid is converted to a gas.
Pyrolysis is the process of heating an organic material in the absence of oxygen. No other material is introduced into the reactor system. This process causes large organic molecules to break down, as a result of high temperature, into smaller and more simple molecules. Pyrolysis can be used to produce acetone and methanol from wood. Processes involving the production of solid fuels, such as briquettes, are also discretionary activities and are covered by Rule 23. The production of solid fuels relates to activities such as the manufacture of briquettes from coal, which involves coal dust being compacted at high pressure and heated to form coal bricks.
The discharge of contaminants into air in connection with:
(1) sorting, storage and conveying (including loading and unloading) of fertiliser, grains, berries, coal, coke, wood chips, sawdust, wood shavings, timber and logs, bark, sand, soda ash, aggregates, live animals and other bulk products (whether in solid or liquid form, other than hydrocarbons which are covered by Rule 8); and/or
(2) the extraction, quarrying [and mining of minerals and the size reduction and screening of wood products and minerals ];
is a Permitted Activity, provided it complies with the conditions below, and excluding discharges of contaminants to air arising from processes involving:
[... ]
(b)the pneumatic conveying of bulk materials.
Conditions
Permitted Activities shall comply with the following conditions:
(i) For the area shown as the Operational Port Area, included within the Wellington City District Plan, any discharge shall not result in odour, dust, gas or vapour which is noxious, dangerous, offensive or objectionable to such an extent that it has, or is likely to have, an adverse effect on the environment outside the Operational Port Area; and
(ii) For all other areas, any discharge shall not result in dust, odour, gas or vapour, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
Clause 2 of Rule 10 was substituted for the original clause by Plan change 1 to the Regional Air Quality Management Plan 2003.
Exclusion (a) of Rule 10 was deleted by Plan change 1 to the Regional Air Quality Management Plan 2003.
Explanation: Rule 10 covers discharges to air from processes involving the extraction of minerals or the sorting and/or storage and/or conveying of solid bulk products (e.g., fertiliser, grains) and liquids (e.g., nitric acid). It also covers the extraction, quarrying, size reduction and screening of minerals. Rule 10 relates to all such processes regardless of whether or not they take place as part of industrial or trade processes.
The Operational Port Area is an area where considerable transfer and storage of bulk goods occurs. Part of the transfer occurs across the mean high water springs line, so the wording of the rule for this area is similar and complementary to that in the Regional Coastal Plan. This rule applies only to discharges to air resulting from activities occurring on the landward side of mean high water springs, while the Regional Coastal Plan controls discharges to air resulting from activities occurring on the seaward side of mean high water springs, that is, in the Coastal Marine Area.
Discharges of contaminants to air relating to the extraction, quarrying, mining, size reduction and screening of minerals which are part of industrial or trade processes will require a resource consent under Rule 23 unless they take place within a river bed. Similarly, the pneumatic conveyancing of powdered and bulk materials, whether or not they occur on an industrial or trade premises, will also require a discretionary resource consent under Rule 23. If the discharges from trade or industrial mineral processing (as described in (a)) take place within a river bed, then they are permitted by the rule. Note that any disturbance of a river bed, such as for gravel extraction, requires a land use consent unless it is specifically allowed by a rule in the Regional Freshwater Plan.
Rule 10 permits the storage of bulk material, subject to the specified conditions, regardless of whether such storage is under cover or in the open. This rule does not apply to the vehicular transportation of bulk materials, such as in trucks on public roads or by rail.
The discharge of contaminants into air from an industrial or trade premises in connection with any process involving:
(1) the drying or heating of minerals, where the generation capacity is equal to or less than 100 kW (measured by the higher heating value of the input fuel);
is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges of contaminants to air arising from processes involving:
(a)the manufacture of portland or similar cements and pozzolanic materials;
(b)the sintering, calcining or roasting of metal ores in preparation for smelting, the burning of calcium or calcium-magnesium carbonates to produce calcium or magnesium oxides of hydroxides, the expansion or exfoliation of minerals, or the dehydration of gypsum;
(c)the making of glass, frit, mineral wool or glass fibre, including the application of any surface coating to the fibres;
(d)the manufacture of hot-mix asphalt paving mixes, including manufacture using mobile or portable asphalt plants; or
(e)the emission of any hazardous air pollutants as listed in Appendix 1.
Conditions
The person(s) responsible for the activity shall ensure that:
(i) there is no discharge of particulates greater than 250 mg/m (at STP), measured at the point of discharge;
(ii)there is no smoke, dust, odour, gas or vapour from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property; and
(iii)the discharge of contaminants from drying or heating of minerals, must be vented through a chimney(s) which terminates at least three metres above the level of any adjacent area to which there is general access.
Explanation: Rule 11 relates to discharges to air from processes involving the drying and heating of minerals. This rule covers discharges from industrial and trade processes only. Rule 11 permits the discharge of contaminants to air from the drying or heating of minerals where the generation capacity is equal to or less than 100 kW (measured by the higher heating value of the input fuel), and subject to compliance with the stated conditions.
Those processes which involve a generation capacity of more than 100 kW or which are otherwise explicitly excluded from Rule 11, and are related to industrial and trade processes, require a resource consent under Rule 23.
The stated conditions in Rule 11 require that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP) measured at the point of discharge, and that there are no offensive, objectionable or noxious discharges.
The discharge of contaminants into air in connection with:
(1)any production or processing of metals (such as the melting of any metal or metal alloy, including secondary melting and the sweating of scrap metal) where the aggregated melting capacity is less than 100 kg/hour;
is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges of contaminants to air arising from processes involving:
(a)the extraction, including electrochemical methods of reduction, of any metal or metal alloy from its ore, oxide, or other compound;
(b)the making of steel or the refining of any metal or modification of any alloy in a molten state by blowing with gases or by the addition of reactive chemicals of volatile fluxes and the use of oxygen lancing in scaring and similar operations;
(c)the emission of any hazardous air pollutants listed in Appendix 1;
(d)hot-dip galvanising or other processes for the protection of surfaces by metal coating using fluxes;
(e)the desulphurisation of iron, steel or any ferrous alloy;
(f)the heating, in a furnace or other appliance, of any metal or metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from cables); or
(g)the melting, including secondary melting and the sweating, of lead, at a rate exceeding 25 kg/hour.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m (at STP), measured at the point of discharge;
(ii)there is no smoke, dust, odour, gas or vapour from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property; and
(iii)the discharge to air is vented through a chimney(s) or vent(s) which discharge at a point which terminates at least 3 metres above the level of any adjacent area to which there is general access.
Explanation: Rule 12 relates to the discharge of contaminants to air involving the processing of metals. Rule 12 relates to all instances where contaminants are discharged to air from the processing of metals, regardless of whether undertaken as part of an industrial or trade process. The Rule permits the production and processing of metals at a rate where the aggregated melting capacity is less than 100 kg/hour, subject to compliance with the stated conditions. This includes the melting of any metal or metal alloy, including secondary melting and the sweating of scrap metal. Secondary melting involves the melting of processed ore. The sweating of scrap metal is a process involving the heating, usually of metal components, to extract valuable metals.
Rule 12 explicitly excludes a range of metal processing activities from the permitted activity class. Those activities listed in sub-sections (a)-(g) require a resource consent under Rule 23, regardless of where they are undertaken or the aggregated melting capacity.
The conditions in Rule 12 require that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP), measured at the point of discharge, that there are no offensive, objectionable or noxious discharges, and that discharges are vented through a chimney(s) or vent(s)
The discharge of contaminants into air from an industrial or trade premises in connection with:
(1)any process involving the manufacture or other processing of chemicals;
is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges of contaminants to air arising from:
(a)the emission of any hazardous air pollutants listed in Appendix 1;
(b)any electroplating process;
(c)the bodying of oils or manufacture or reaction of monomers for production of synthetic resins, varnishes, and plastics;
(d)the production of soap, grease, detergents, and surface active agents;
(e)the synthesis or extraction of organic chemicals, including formulation of agrichemicals, plant hormones, and like toxic organic compounds;
(f)the production of inorganic chemicals, including concentration of acids and anhydrides, ammonia, and alkalis;
(g)the production of synthetic fertilisers, including granulation of single or mixed fertilisers; or
(h)solvent recovery processes.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m (at STP), measured at the point of discharge;
(ii)there is no smoke, dust, odour, gas, or vapour from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property; and
(iii)the discharge to air is vented through a chimney(s) or vent(s) which discharge at a point which terminates at least three metres above the level of any adjacent area to which there is general access (i.e., ground level, roof areas or adjacent openable windows).
Explanation: Rule 13 relates to the discharge of contaminants to air from processes involving the manufacture or processing of chemicals. Rule 13 applies to discharges from industrial or trade premises only. This Rule permits processes relating to chemical manufacture, subject to compliance with the specified conditions.
Rule 13 explicitly excludes a range of chemical processing activities from the permitted activity class. These activities, listed in (a)-(h), when undertaken as part of an industrial or trade process, are discretionary activities, requiring a resource consent under Rule 23.
The conditions in Rule 13 require that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP), measured at the point of discharge, that there are no offensive, objectionable, dangerous or noxious discharges, and that discharges are vented through a chimney(s) or vent(s).
The discharge of contaminants into air in connection with any process involving:
(1)the use of substances containing di-isocyanates or organic plasticisers at a rate of less than 10 litres (or10 kg) per day and also at a rate of less than 3 litres (or 3 kg) per hour;
is a Permitted Activity, provided the activity complies with the conditions below.
Conditions
The person responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m (at STP), measured at the point of discharge;
(ii)no contaminant is discharged from the process, that is noxious, dangerous, offensive, or objectionable at or beyond the boundary of the property; and
(iii)for coating processes undertaken indoors, the discharge of contaminants to air is vented with an unimpeded vertical flow, through a chimney(s) or vent(s) which terminates at least three metres above the level of any adjacent area to which there is general access (i.e., ground level, roof areas or adjacent openable windows) and as far as practicable from any boundary with a residential property.
Explanation: Rule 14 relates to discharges to air from processes involving the use of substances containing di-isocyanates and organic plasticisers. Rule 15 permits discharges to air associated with the use of less than 10 litres (or 10 kg) per day and also less than 3 litres (or 3 kg) per hour of substances containing di-isocyanates or organic plasticisers, subject to compliance with the stated conditions. The use of 10 litres (or 10 kg) or more per day or 3 litres (or 3 kg) or more per hour of these substances is a discretionary activity covered by Rule 23.
Di-isocyanates are used in the production of polyurethane materials. In New Zealand, the manufacture of flexible and rigid polyurethane foam accounts for the bulk of isocyanate use. Use of polyurethane paints and lacquers also involves significant amounts of di-isocyanate. Other products using isocyanates are urethane rubbers, adhesives and binders. Plasticisers determine the flexibility of plastics. For example, plastic bags contain a high proportion of plasticisers whereas a plastic pen contains a relatively small amount of plasticiser.
The conditions in Rule 14 require that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP), measured at the point of discharge, and that there are no noxious, dangerous, offensive, or objectionable discharges.
The discharge of contaminants into air in connection with coating processes (including spray painting) involving:
(1)the spray application of coating materials (including paint, paint solvents, varnish, lacquer, dyes, metal oxide coatings, adhesive coatings, elastomer coatings, stains, and polishes) at a rate of consumption not exceeding 30 litres (or 30 kg) per day and also not exceeding 3 litres (or 3 kg) per hour on a coating premises;
(2)the spray application of coating materials (including paint, paint solvents, varnish, lacquer, dyes, metal oxide coatings, adhesive coatings, elastomer coatings, stains, and polishes) at any rate of consumption where the application is from a mobile source;
(3)the stoving of enamel or baking and drying of any other coating material where the rate of heat input into the process is less than 500 kW (measured by the higher heating value of the input fuel); or where 500 kW or less of electrical energy is used; and/or
(4) materials that do not contain di-isocyanates or organic plasticisers;
is a Permitted Activity, provided the activity complies with the conditions below.
Conditions
The person responsible for the activity shall ensure that:
(i)there is no discharge of particulates of a concentration greater than 250 mg/m (at STP), measured at the point of discharge;
(ii)no contaminant is discharged from the process, that is noxious, dangerous, offensive or objectionable, at or beyond the boundary of the property;
(iii)for coating processes undertaken indoors, the discharge of contaminants to air is vented with an unimpeded vertical flow, through a chimney(s) or vent(s) which terminates at least three metres above the level of any adjacent area to which there is general access (i.e., ground level, roof areas or adjacent openable windows) and as far as practicable from the boundary of any residential property.
Note: The painting of roadways (road marking) and bridges is a permitted activity covered by Rule 22.
Explanation:Rule 15 relates to the discharge of contaminants to air resulting from coating processes, including spray painting, subject to compliance with the specified conditions. This Rule applies regardless of whether or not the coating process is undertaken as part of a industrial or trade process. Coating processes include the spraying of paints and lacquers, and coating with electrostatic powders. Rule 15 does not apply to discharges to air associated with the application of substances containing di-isocyanates or organic plasticisers. These discharges are either permitted under Rule 14, subject to conditions; otherwise they are discretionary activities under Rule 23. Rule 15 does not cover the painting of roadways (road marking) and bridges, which are permitted activities (Rule 22).
Spray coating processes include processes involving the spray application of paints, paint solvents, varnish, lacquer, dyes, metal oxide coatings, adhesive coatings, elastomer coatings and stains and polishes. For the application phase of the coating process, this rule only relates to the application of these substances by methods involving spraying. Application of paints by paint brushes is a permitted activity regardless of the size of the area being painted, because this activity does not result in the discharge of contaminants to air of any consequence. Thirty litres of paint, if applied by an airless spray unit (no atomising air), can cover approximately 480 m-540 m. An air assisted spray unit can cover approximately 300 m. The spraying of paints or lacquers in suspension can result in problems of over-spray and dust, and solvent fumes.
Electrostatic powder coating is a process whereby dry particles are charged electrostatically to a high voltage and then deposited upon the surface of an earthed object. The primary difference with other forms of spray painting is that powders are applied as fine particles in a dry condition, whereas paint is sprayed as a suspension in a solvent base. While electrostatic powder coating does not cause the same types of problems as spraying, it does result in the discharge of fine powders, which can be injurious to humans if inhaled. Wet paint can be applied electrostatically, through some over-spraying still occurs. Electrostatic coating can also give rise to dust explosions.
Stoving, baking or drying of enamel or other coating material is necessary to ensure that the enamel, paints or lacquers are hardened and fixed to the surface of an object. Stoving, baking and drying of enamel or other substances typically occurs in the ceramics and metal production/finishing industries, such as in the finishing of stoves.
Processes involving the application of 30 litres (or 30 kg) or more of coating materials per day and/or 3 litres (or 3 kg) or more per hour, and stoving, baking or drying related to any coating process where 500 kW or more of heat is released, are discretionary activities under Rule 23.
The conditions in Rule 15 require that there is no discharge of particulates of a concentration greater than 250 mg/m 3 (at STP), measured at the point of discharge, and that there are no noxious, dangerous, offensive, or objectionable discharges of contaminants beyond the boundary of the property. Condition (iii) is aimed at ensuring against fugitive emissions and minimising the adverse effects from downwash.
The discharge of contaminants into air in connection with:
(1)abrasive blasting processes;
is a Permitted Activity, provided it complies with the following conditions, and excluding any discharges of contaminants to air arising from:
(a)dry abrasive blasting.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no over-spray, dust, odour, gas or vapour from the process which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property, or beyond 50 metres of the discharge when sited on public land;
(ii)all reasonable steps are taken to ensure minimal discharge of contaminants to water bodies;
(iii)so far as is practicable, all debris and used blasting materials is collected; and
(iv)all collected debris are stored and disposed of safely, preferably to a landfill holding the appropriate consents.
Note: Mobile abrasive basting activities can be considered for a "regional resource consent" (see section 5.1.4), allowing the operator to work throughout the Region subject to appropriate conditions.
Explanation: Rule 16 relates to the discharge of contaminants from abrasive blasting processes, whether or not undertaken with a mobile blasting unit. This Rule applies regardless of whether abrasive blasting is undertaken as part of an industrial or trade process. It applies also regardless of whether the blasting is from a mobile or stationary source. Abrasive blasting involves the projection of water (wet abrasive blasting) or sand and other materials (dry abrasive blasting) under high pressure for the purpose of cleaning or preparing surfaces.
Rule 16 permits wet abrasive blasting, subject to compliance with the specified conditions. Dry abrasive blasting is a discretionary activity covered by Rule 23, regardless of whether or not it is associated with an industrial or trade process, and regardless of whether it is from a mobile or stationary source.
The discharge of contaminants into air from an industrial or trade premises in connection with:
(1)water vapour plumes or steam from cooling towers and air-cooled heat exchangers; and/or
(2)forced air ventilation from indoor working spaces, unless otherwise covered by other rules in this Plan;
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no dust, odour, gas and vapour from the process, which is noxious, dangerous, offensive or objectionable, at or beyond the boundary of the property; and
(ii)exhausts are located to avoid cross-contamination with air intakes in the same building and adjacent buildings.
Explanation: Under Rule 17 discharges from cooling towers of water vapour-based plumes or steam, air from air-cooled heat exchangers and forced air ventilation from indoor working spaces, are permitted activities, subject to compliance with the stated conditions. This Rule relates to discharges to air from cooling towers and air cooled heat exchangers and from forced air ventilation from indoor spaces such as offices and factories. Rule 17 applies to discharges to air emanating from industrial or trade premises only.
The conditions in Rule 17 require that there are no dangerous, offensive, objectionable or noxious discharges. Condition (ii) requires that, when deciding on a location for exhausts for cooling towers, air-cooled heat exchangers and other forced air ventilation exhausts, due regard is had to the effects on air intakes of neighbouring properties.
The discharge of contaminants into air in connection with burn-off associated with land clearance operations
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)all reasonable steps are taken to minimise the reduction in visibility in any adjacent amenity areas, roads, places of public assembly, or any place, area or feature of special significance to tangata whenua; and
(ii)all reasonable steps are taken to minimise adverse environmental effects on or beyond the boundary of the property by ensuring burning takes place at such a time, in such a location and in such conditions that allow this to be achieved.
Note : Please refer to the Regional Soil Plan for the Wellington Region for provisions relating to the actual clearance of land.
Explanation of Rules 18 and 19: Rules 18 and 19 relate to the discharge of contaminants to air from the combustion of materials most commonly carried out for waste management purposes.Rules 18 and 19 apply in all instances, regardless of whether the burning is undertaken in association with an industrial or trade process.
Rule 18 permits discharges to air resulting from burn-offs associated with land clearance operations, subject to compliance with the stated conditions.The Rule applies regardless of whether a field of stubble is being burnt or whether the material to be combusted has been heaped into piles for burning. Rule 18 applies both in urban and rural areas.
Rule 19 relates to discharges of contaminants to air from the burning of combustible matter, whether or not an activity is a permitted under other Rules in this Plan.Rule 19 makes such discharges a permitted activity, but lists processes that are excluded and therefore require a resource consent under Rule 23.
Individuals or organisations wanting to dispose of any of those substances or materials explicitly excluded from the Rule must either recycle these materials or dispose of them to an approved landfill or other approved hazardous waste management facility (i.e., a facility which already holds the appropriate consents).Alternatively, an application for resource consent can be made to the Council to burn such material.Rule 19 does not control discharges from mobile transport sources.
For activity (1), i.e., the on-farm burning of empty plastic agrichemical containers, the Council will accept as compliance with condition (ii), burning practices undertaken in accordance with the guidelines included in Appendix 4. Appendix 4 is sourced from the British Agrichemical Association’s guidelines for agrichemical container incineration (BAA, 1998), and from the Agrichemical Users’ Code of Practice (New Zealand Standard 8409:1995). The Appendix describes the triple rinsing procedure and provides a design for appropriate burning apparatus. It also provides other good practice guidelines to ensure sae burning and minimal adverse effects.
Plastic agrichemical containers composed of High Density Polyethylene may be labelled with a recycling triangle () with 2 inside it.These plastics can be burned under activity clause (1).Containers labelled with a recycling triangle () with 1 or 3 inside it are made from plastics that contain halogens.Burning of plastics that contain halogens is not allowed under this rule. While the Council supports reuse and/or recycling of plastics, used agrichemical containers cannot currently be recycled or reused for another purpose, because of potential adverse effects of residual agrichemicals.
Note that Rule 19 does not address the disposal of unused agrichemicals.Refer to the Agrichemical Users’ Code of Practice (NZS 8409: [ 1999 ] ), or seek advice from chemical suppliers and local district or city councils before disposing of any excess agrichemicals.
The discharge of contaminants into air (other than discharges of contaminants to air from mobile transport sources, which are not controlled by this Plan) in connection with:
(1)the on-farm burning of empty, triple-rinsed, plastic agrichemical containers that do not have halogen or phosphorus components and were sourced at that farm;
(2)the cremation of human remains other than at an approved crematorium, when authorised by the Medical Officer of Health under the Cremation Regulations 1973; or
(3)the combustion of other materials;
is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges of contaminants to air arising from:
(a)the burning of plastics, unless specifically allowed by clause (1) of this rule;
(b)the burning of municipal wastes, coated or covered metal, rubber, untreated waste oil, oil sludge, pitch, stores of paint and motor vehicles;
(c)the cremation of human remains at a crematorium approved under the Crematorium Regulations 1973;
(d)the burning of quarantine and medical wastes;
(e)the burning of Copper-Chrome-Arsenic (CCA) treated timbers;
(f)the remediation of asphalt surfaces ("tar burning"); or
(g)the combustion of waste material which emits [any of the ] hazardous air contaminants listed in Appendix 1.
Conditions
The person(s) responsible for the activity shall ensure that there is:
(i)no smoke, dust, odour, gas or vapour from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the premises or property; and
(ii)empty plastic agrichemical containers are burned in a purpose built incinerator.
Explanation of Rules 18 and 19:Rules 18 and 19 relate to the discharge of contaminants to air from the combustion of materials most commonly carried out for waste management purposes. Rules 18 and 19 apply in all instances, regardless of whether the burning is undertaken in association with an industrial or trade process.
Rule 18 permits discharges to air resulting from burn-offs associated with land clearance operations, subject to compliance with the stated conditions.The Rule applies regardless of whether a field of stubble is being burnt or whether the material to be combusted has been heaped into piles for burning. Rule 18 applies both in urban and rural areas.
Rule 19 relates to discharges of contaminants to air from the burning of combustible matter, whether or not an activity is a permitted under other Rules in this Plan.Rule 19 makes such discharges a permitted activity, but lists processes that are excluded and therefore require a resource consent under Rule 23.
Individuals or organisations wanting to dispose of any of those substances or materials explicitly excluded from the Rule must either recycle these materials or dispose of them to an approved landfill or other approved hazardous waste management facility (i.e., a facility which already holds the appropriate consents).Alternatively, an application for resource consent can be made to the Council to burn such material. Rule 19 does not control discharges from mobile transport sources.
For activity (1), i.e., the on-farm burning of empty plastic agrichemical containers, the Council will accept as compliance with condition (ii), burning practices undertaken in accordance with the guidelines included in Appendix 4.Appendix 4 is sourced from the British Agrichemical Association’s guidelines for agrichemical container incineration (BAA, 1998), and from the Agrichemical Users’ Code of Practice (New Zealand Standard 8409:1995). The Appendix describes the triple rinsing procedure and provides a design for appropriate burning apparatus.It also provides other good practice guidelines to ensure sae burning and minimal adverse effects.
Plastic agrichemical containers composed of High Density Polyethylene may be labelled with a recycling triangle () with 2 inside it.These plastics can be burned under activity clause (1). Containers labelled with a recycling triangle () with 1 or 3 inside it are made from plastics that contain halogens. Burning of plastics that contain halogens is not allowed under this rule. While the Council supports reuse and/or recycling of plastics, used agrichemical containers cannot currently be recycled or reused for another purpose, because of potential adverse effects of residual agrichemicals.
Note that Rule 19 does not address the disposal of unused agrichemicals.Refer to the Agrichemical Users’ Code of Practice (NZS 8409: [ 1999 ] ), or seek advice from chemical suppliers and local district or city councils before disposing of any excess agrichemicals.
Note: In Rule 19, the words added in square brackets as part of Rule 19 (g) and the date in square brackets was substituted for the original date by Plan Change 1 to the Regional Air Quality Management Plan 2003.
The discharge of contaminants into air in connection with any:
(1)landfilling and composting;
(2)sites which have been used in the past for landfilling (closed landfills);
is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges or contaminants to air arising from:
(a) sites where waste materials are accepted from sources other than the property on which the landfilling or composting takes place; and/or
(b)waste transfer stations.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no dust, gas (including carbon dioxide and methane gases), or odour from the process which is offensive, objectionable, noxious, or dangerous at or beyond the boundary of the premises or property.
Explanation: Rule 20 relates to all discharges to air from landfilling and composting processes. This includes discharges from landfills which no longer receive material. This Rule applies regardless of whether landfilling is undertaken on an industrial or trade premises or not. However, the Rule only permits landfilling and composting where waste or organic materials are landfilled or composted on the property on which the wastes or organics were generated. Such processes must comply with the condition to be permitted.
Landfilling and composting operations which involve the processing of waste or organic material accepted from sources other than the property on which the landfilling or composting takes place are discretionary activities covered by Rule 23. This includes municipal and private landfilling and composting operations, and related waste transfer stations
The discharge of contaminants into air in connection with:
(1) sewage and liquid or liquid-borne trade waste conveyance, treatment and disposal (including the operation of septic tanks and soakage pits);
is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges of contaminants to air arising from processes involving:
(a) the treatment of sewage and/or liquid or liquid-borne trade wastes off the site on which it was generated (e.g., municipal sewage treatment).
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of odour, gas, vapour or aerosol which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
Explanation:Rule 21 permits discharges to air in connection with the conveyance, treatment and disposal of sewage and liquid and liquid-borne trade wastes. This rule permits the discharge of contaminants to air from septic tanks and soakage fields as well as the discharge of contaminants to air resulting from the conveyancing of sewage through sewerage systems, including the pumping stations. This rule is not intended to cover the discharge of contaminants to air from the movement of wastes by vehicular transport. Such discharges from mobile sources are not controlled by this Plan. Discharges to air that are permitted by this rule must comply with the condition that they do not result in the discharge of odour, gas, vapour or aerosol which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
The discharge of contaminants to air arising from the treatment of municipal sewage or liquid or liquid-borne trade wastes is explicitly excluded from Rule 21 and requires a resource consent under Rule 23.
Notwithstanding any provisions in Rules 1-21, the discharge of contaminants into air in connection with any industrial or trade processes associated with:
(1)vehicle engine maintenance and servicing.
(2)dry cleaning;
(3)laboratory fume cupboards;
(4)tunnels and car parks;
(5)welding;
(6)spray painting of roads and bridges;
(7)road construction and paving activities (including reconstruction), other than the manufacture of hot-mix asphalt paving mixes, including moveable asphalt plants, and the remediation of asphalt surfaces ("tar burning" [which is prohibited by subclause 8 of the regulations of the National Environmental Standards for air quality ]); and/or
(8)incidental equipment and compressor stations necessary for the operation of natural gas transmission pipe lines;
is a Permitted Activity, provided it complies with the conditions below.
Conditions
The person(s) responsible for the activity shall ensure that:
(i)there is no discharge of particulate matter, smoke, odour, gas, aerosols or vapours from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the property.
Explanation: Rule 22 covers some specified discharges from processes or activities not explicitly covered by Rule 1-21. Rule 22 relates to discharges to air from industrial and trade premises only. Those activities listed in Rule 22 are permitted as long as they comply with the two conditions. These activities are permitted regardless of any of the provisions in Rules 1-21.
Discharges to air from the manufacture of hot-mix asphalt paving mixes, including moveable asphalt plants, and the remediation of asphalt surfaces ("tar burning") are discretionary activities under Rule 23, because they are specifically excluded from Rule 19.
Note: "tar burning" is prohibited by subclause 8 of the regulations of the National Environmental Standards for air quality.
The discharge of contaminants into air from:
(1) any process or activity explicitly excluded from Rules 1-22; or
(2) any process or activity covered by Rules 1-22, but which does not meet the conditions attached to those rules; or
(3) any process or activity on an industrial or trade premises not covered by Rules 1-22;
is a Discretionary Activity.
Explanation: Rule 23 details the instances in which processes involving the discharge of contaminants to air are discretionary activities. This includes instances where processes or activities relating to the discharge of contaminants into the air, regardless of whether or not from an industrial or trade premises, are explicitly excluded from Rules 1-22. Furthermore, any process or activity covered by Rules 1-22 but which does not meet the specified conditions, also requires a resource consent.
Finally, Rule 23 also covers all processes or activities undertaken on an industrial or trade premises but which are not covered by Rules 1-22. Non-industrial and non-trade processes, such as processes undertaken on domestic premises, that are not covered by Rules 1-22, are allowed as of right, as specified under section 15(2) of the Act. These activities are permitted unconditionally. No resource consents are required and there are no conditions.
Get in touch
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- Email:
- info@gw.govt.nz