Regional Plan for Discharges to Land

The Regional Plan for Discharges to Land applies to discharges of contaminants to land, whether or not the discharge enters water. Discharges covered include:

• those arising from landfills, rubbish dumps and tips
• sewage (including pit latrines, septic tanks, and large land treatment operations)
• greywater and stormwater
• agricultural contaminants (including offal pits, fertiliser, dairyshed wastewater and stock dip effluent)
• hazardous substances (including pesticides, waste oil, discharges from contaminated sites)

You can find the rules or regulations that apply to activities in our user guide.

The plan effectiveness report for the Regional Plan for Discharges to Land describes the results of monitoring the effectiveness of the policies and methods, including rules, in the Plan. 

Regional Plan for Discharges to Land - Plan Effectiveness Monitoring Report

Read more here

date_range Published 01 May 2006

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Greater Wellington has produced five regional plans: Regional Coastal Plan, a Regional Freshwater Plan, a Regional Soil Plan, a Regional Air Quality Management Plan and a Regional Plan for Discharges to Land.

Regional Policy Statements must also be prepared for each region. They enable regional councils to provide broad direction and a framework for resource management within their regions. The Greater Wellington Regional Council released a second generation RPS in April 2013.

Contact us for more information about the Regional Air Quality Management Plan.

The discharge of any contaminant onto or into land is a Permitted Activity provided

(a) the contaminants are stormwater discharged into a pipe which then discharges to surface water; or

(b) with the exception of Rule 2, the discharge is not regulated by any rule in this Plan; and

(c) the discharge will not

(i) result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water in any water body, water supply race, farm drain, or the coastal marine area; or

(ii) create a contaminated site.

Explanation. This rule applies to all discharges to land, whether the discharge is from an industrial or trade premise or any other source, whether moving or not. Discharges of contaminants to land are restricted by sections 15(1)(b) and 15(1)(d), and 15(2) of the Act.This rule allows all discharges where there will be no contamination of water in a water body (including aquifers) or other specified surface water, unless there is a specific rule in the Plan regulating the discharge. Discharges to land where contaminants will enter water in a water body are governed by Rule 2.Both “water” and “water body” are defined in the Act (go to the definitions link at the left of this screen).

Rule 1 (a) does not exempt owners of stormwater systems from compliance with Rule 3 (stormwater discharges into or onto land) or with the Regional Freshwater Plan. Nor does it obviate any person from any liabilities under section 17 of the RMA for discharges of contaminants to stormwater systems that may result in an adverse effect to the receiving water body.The owner of the stormwater system is responsible for any controls regulating stormwater discharges into the system. Rule 1 (a) does not allow discharges of contaminants other than stormwater into stormwater systems.

This rule applies to discharges such as cleanfill, but does not exempt cleanfill operations from compliance with provisions in a district plan. All district plans for the Region have rules to control the use of land for cleanfill operations.Effects such as dust and odour are addressed in the Regional Air Quality Management Plan.

Contaminants will enter water when there is overland runoff to a watercourse, or direct percolation to groundwater. Direct percolation to groundwater will happen when there is a high hydraulic loading of contaminants discharged to soils that are moderately to very rapid draining. Examples of applications of high hydraulic loading are when contaminants are discharged to a soakhole, or when a large quantity of wastewater is discharged over a small land area.

Rule 1 (c)(ii) restricts the creation of contaminated sites caused by discharges of contaminants to land. A contaminated site could be created, for example, by moving contaminated soil from a contaminated site to an uncontaminated site. Note that Rule 21 permits discharges at contaminated sites where the discharge is associated with site remediation, and where no contaminants leave the site. Rule 22 controls discharges of contaminants from a contaminated site where the discharge is associated with site remediation.

The discharge of any contaminant onto or into land that is

(a) not allowed as a Permitted Activity by Rule 1; or

(b) provided for as a Permitted Activity by Rule 3, 4, 9(2), 11, 12, 14, 16 or 18 but does not meet any condition of the rule; or

(c) provided for as a Controlled Activity in Rule 13, 17, 19 or 22 but does not meet any standard of the rule

and that is

(d) not described as a Discretionary Activity in Rule 8, 10, or 20; or

(e) not described as a Non-Complying Activity in Rule 15.

is a Discretionary Activity.

Explanation. This rule applies to discharges onto or into land of —

• discharges of contaminants, other than stormwater, discharged into a pipe which then discharges to surface water
• wastewater, such as from abattoirs and breweries (except where the discharge will not enter a water body, farm drain, water supply race or the coastal marine area, in which case it is allowed by Rule 1)
• hazardous substances (except where the substance is specifically restricted by Rule 15; or will not enter a water body, farm drain, water supply race or the coastal marine area and will not create a contaminated site in which case it is allowed by Rule 1)
• stormwater (except as allowed by Rule 3)
• greywater (except as allowed by Rule 4)
• leachate from composting organic materials (except as allowed by Rule 9(2))
• silage leachate (except as allowed by Rule 11)
• fertiliser (except as allowed by Rule 12)
• agricultural effluent (except as allowed by Rule 13)
• stock dip effluent (except as allowed by Rule 14)
• pesticides (except as allowed by Rules 16 or 17)
• any other contaminant that will enter a water body (that is rivers, lakes, wetlands, or aquifers, including unconfined aquifers), farm drain, water supply race, or the coastal marine area, except discharges containing human sewage (see Rule 8), and discharges at landfills (see Rule 10).
• Discharges from contaminated sites (except as allowed by Rules 21 or 22)

This rule is the general default rule for discharges of contaminants to land where the discharge will contaminate water in a water body, farm drain, water supply race, or the coastal marine area, except discharges containing human sewage (see Rule 8), and discharges at landfills (see Rule 10). This rule also applies to discharges that are specifically provided for in a regional rule but do not meet the conditions or standards in the rule.

Discharges to land that will not enter water in a water body are allowed by Rule 1, unless specifically restricted by a rule in the Plan.Applications for resource consents for activities covered by this rule will be assessed with regard to Policies 4.2.4, 4.2.21, 4.2.22, 4.2.24, 4.2.41 and 4.2.48. Matters that will be considered for all applications are included in section 5.3 of the Plan.

The discharge of contaminants into or onto land:

(1) as stormwater collected from any motorway, road, street, roof, yard, paved surface, grassed surface or other structure(but not including stormwater discharged into a pipe which discharges into surface water); or

(2) from the maintenance, repair and inspection of pipes, drains and pumps of the following network utility services:

(a) water supply systems;

(b) irrigation schemes; and

(c) stormwater systems; and

(d) sewerage systems; or

(3) the emptying of water storage reservoirs;

is a Permitted Activity, provided

(a) the discharge shall not have a free or combined chlorine content of greater than 50 g/m ³;

(b) the discharge shall not cause water to enter any property beyond the boundary of the property or area in which the discharge occurs, unless the written approval(s) of the owners and occupiers of affected properties has been obtained;

(c) all pipelines, drains, pumps and reservoirs shall be constructed and maintained in an efficient operating condition.

[(ca) The discharge does not originate from industrial or trade premises where hazardous substances are stored or used unless:

(i) hazardous substances cannot enter the stormwater system; or

(ii) there is an interceptor system in place to collect hazardous contaminants or divert contaminated stormwater to a trade waste system.]

And for discharges from the maintenance, repair or inspection of sewerage systems the following additional conditions apply:

the Wellington Regional Council and the Medical Officer of Health shall be notified of the discharge at least 24 hours before the discharge takes place for planned maintenance, repair or inspection, and as soon as is practical, but no more than 24 hours after the discharge if it is due to a response to a break or other failure,

(d) in accordance with the provisions of the Response Manual for Sewage Discharges (Edition 1, August 1993, Public Health Service);

(e) signs indicating any public health risks arising from the discharge shall be displayed at the discharge site, for as long as the health risk exists.

Explanation. Rule 3 applies to discharges of stormwater, and to the operation of specified network utilities if there are associated discharges to land. This rule does not apply to contaminants discharged into a pipe which discharges to water. These discharges are controlled by Rule 2 (because they breach Rule 1(a)) unless the contaminants are “stormwater”, in which case they are controlled in Rules 2 and 3 of the Regional Freshwater Plan.

The Council is informed of overflows from sewers, through breakage or during repair, about every two weeks. To date, the Council has not required any consents under Section 330a of the Act because the remediation is undertaken swiftly in accordance with requirements from the Medical Officer of Health.

Condition (ca) of Rule 3 was inserted by Plan Change 1 to the Regional Plan for Discharges to Land 2003

The discharge of greywater onto or into land is a Permitted Activity provided the discharge

(a) does not exceed a maximum daily volume of 2000 litres;

(b) is more than 20 metres from any surface water body, farm drain, water supply race, or the coastal marine area; and

(c) does not cause ponding on, or runoff from the disposal area.

Explanation. This rule applies to greywater only, and does not apply to any discharge that contains human sewage. Greywater (see Section 3 of the Plan) is “the wastewater from sinks, basins, baths, showers and similar appliances, but not including any toilet wastes. Also known as sullage.”

The discharge into land of effluent from a pit latrine is a Permitted Activity provided

(a) the latrine is located more than 20 metres from any surface water body, farm drain, water supply race, the coastal marine area, or bore, more than ten metres from the property boundary, and more than five metres from any dwelling on the same site;

(b) surface water cannot drain into the latrine;

(c) the water table is at least 1,000 mm below the bottom of the latrine;

(d) the soil type does not comprise gravels, coarse/medium sands, scoria, fissured rock, or other such materials likely to permit free travel of excreta residues away from the vault chamber; and

(e) waste in the latrine does not accumulate to closer than 300 mm of the ground surface.

Explanation. This rule applies to discharges from pit latrines (also known as long-drops or privies). These toilet systems are commonly used in remote locations, or as temporary facilities where connection to a sewer is not possible. The design of any on-site sewage system is controlled by district councils under the Building Code (“G13.3.4 Where no sewer is available, an adequate on-site disposal system shall be provided for foul water ...”). Also, where a sewer connection is available, the drainage connection shall be made to the sewer (see G13.3.3 of the Building Code).

Permission may be required from the relevant district council in respect of the Building Regulations, 1992 or other legislation or bylaws administered by them. See, for example, the Porirua City Council General Bylaw 1991 Part 8: Management and operation of effluent disposal systems. “Water body” is defined in the Act, and reproduced in the Interpretation in section 3.

The discharge of aerobically composted sewage, or aerobically treated sewage effluent, onto or into land is a Permitted Activity provided

(a) the discharge is more than 20 metres from any surface water body, farm drain, water supply race, or the coastal marine area;

(b) the discharge is more than 5 metres from any neighbouring property boundary; and

(c) for aerobically composted sewage

(i) the sewage originates from a composting toilet system;

(ii) the material has been subject to aerobic composting decomposition for at least 12 months from the last addition of raw sewage;

(iii) for at least 12 months after application, only people operating or maintaining the system have access to the disposal area; and

(iv) compost is not applied to any food crop for animal or human consumption; and

(v) the composted sewage is ploughed into the soil, or buried to a depth of up to 200 mm.

(d) for aerobically treated sewage effluent onto land

(i) the application rate throughout the disposal area is not greater than 5 mm/day;

(ii) the maximum discharge does not exceed 2000 litres per day;

(iii) the carbonaceous five day Biochemical Oxygen Demand concentration in the effluent discharged from the system is not greater than 20 mg/litre;

(iv) the discharge does not cause ponding on or runoff from the disposal area;

(v) the discharge is not by way of spray irrigation or other method that produces any aerosol discharge to air;

(vi) people (except persons involved with maintaining/managing the system) are prevented from entering the disposal area for a period of at least 48 hours following the last application of effluent; and

(vii) stock are prevented from entering the disposal area for a period of at least six months following the last application of effluent; and

(viii) there is no discharge of any effluent to a water body.

(e) for aerobically treated sewage effluent into land

(i) the application rate throughout the disposal area is not greater than 15 mm/day;

(ii) the maximum discharge does not exceed 2000 litres per day;

(iii) the discharge does not cause ponding on or runoff from the disposal area; and

(iv) there is no discharge of any effluent to a water body.

Explanation. This rule allows discharges of well-treated sewage effluent and sewage compost above or below the soil surface. Note that Rule 7 of the Plan allows discharges of all sewage effluent (but not sewage sludge) subject to conditions, but does not allow discharges above the soil surface.

Aerobically composted sewage may be applied onto land in accordance with this rule, but the sewage must not originate from any sewage treatment system other than a composting toilet system. That is, composted sewage from composting toilets, such as those in the Conservation Estate and Regional Parks, may be discharged to land in accordance with this rule, but composted sewage from community systems may not. The reasons for this distinction are given in section 8 of the Plan.

This Rule does not exempt sewage disposal systems from compliance with provisions in a district plan, or requirements imposed under the Building Act, 1991, or the Building Regulations, 1992, or the Health Act, 1956. Compliance with the conditions in this rule means that the discharge from the system can proceed without the need for a resource consent from the Regional Council. The onus will be on the owner of the system to demonstrate that the conditions in this rule will be met. Where the conditions cannot be met, a resource consent will be required in accordance with Rule 8.

The conditions for compliance with Rule 6 (d) are more restrictive than for Rule 6 (e) because sewage discharges onto land can allow transmission routes for disease to become established. The allowable application rate for discharges into land is higher than for discharges onto land. This is to recognise that there would be fewer adverse effects if effluent accumulates in the disposal field of subsurface systems.

The discharge into or onto land of any water or contaminants other than septage, from on-site sewage treatment and disposal systems is a Permitted Activity if:

EITHER

(1) the system is already in use at the time this Rule comes into force; and

(2) the discharge does not exceed 1300 litres per day (calculated as a weekly average);

provided

(a) the discharge shall consist only of contaminants normally associated with domestic sewage;

(b) no stormwater shall be allowed to enter the system;

(c) there shall be no direct discharge from the system to groundwater, surface water, or above the soil surface; and

(d) the system shall be maintained on a regular basis.

(e) the discharge is more than 50 metres from any surface water body, farm drain, or water supply race in any catchment being managed for water supply in the Regional Freshwater Plan (see  Appendix 6 of the Regional Freshwater Plan) (PDF 21 KB)

(f) the discharge is more than 20 metres from any surface water body, farm drain, water supply race, or the coastal marine area in all other areas.

OR

(3) the system is a new or upgraded system; and

(4) the discharge does not exceed 1300 litres per day (calculated as a weekly average); and

(5) the system shall be installed on the same property as the premises to which the system is connected; and

(6) there shall be no direct discharge above the soil surface;

provided that conditions (a)-(f) above and the following conditions are complied with:

(g) a site investigation shall be carried out. The matters to be addressed in a site investigation are set out in Appendix 5 of this Plan. (PDF 21 KB)

(h) the system shall be designed, constructed and operated to meet the following performance criteria:

(i) the system shall be designed with sufficient effluent retention time to enable adequate treatment in relation to any constraints identified in the site investigation;

(ii) the effluent shall be evenly distributed to the entire filtration surface of the disposal field;

(iii) the bottom of the effluent disposal system shall be sufficiently above the groundwater at its highest level, in relation to any constraints identified in the site investigation, to prevent any contamination of groundwater;

(iv) the area available for treatment shall be appropriate for the volume of the discharge and any constraints identified in the site investigation.

The Council will accept as compliance with criteria (h)(i)-(iv) an effluent treatment and disposal system designed, constructed, and operated in accordance with the principles and procedures outlined in [ Guidelines for on-sewage systems in the Wellington region WRC/RP-G-00/47 (PDF 561 KB) ].

The wording in square brackets was substituted for the original wording by Plan change 1 to the Regional Plan for Discharges to Land, 2003.

Explanation. Rule 7 applies to discharges from on-site sewage treatment and disposal systems. These include septic tank/effluent disposal field systems, evapotranspiration systems, and community systems serving a number of houses. The on-site systems may be new (i.e., constructed after this Plan becomes operative) or existing systems, and may serve dwellings, institutions, workplaces, or clusters of dwellings, so long as the daily discharge volume is less than 1300 litres. This is equivalent to the amount of effluent produced by a large household.

This rule does not apply to septage (solid materials collected from septic tanks), or the compost from a composting toilet when discharged to land, or to systems designed to discharge above the soil surface (e.g., where effluent is used for irrigation) or to systems which are located on a separate legal property to that on which the premises creating the discharge. These activities are addressed by Rules 6, and 8.

The conditions relate to "good practice". The specific maintenance requirements which comprise "good practice" will vary depending on the type of system used and the volume and quality of effluent produced. All such requirements should be made available by the manufacturer or designer of the system at the time of installation. For example, regular desludging will be necessary to ensure that the system does not overflow.

New and upgraded systems (new systems are those installed after the date on which this plan became operative, and upgraded systems are those which were installed and in use before the Plan became operative, and subsequently require improvement to avoid, remedy or mitigate any adverse environmental effects being caused by the system) must also comply with the specified design criteria and be designed to reflect any constraints identified in the site investigation. Systems designed and installed in accordance with the principles and procedures outlined in the specified guidelines, are deemed to comply with these design criteria.

Any discharge containing human sewage onto or into land is a Discretionary Activity unless the discharge is allowed by Rule 3, 5, 6, or 7.

Explanation. This rule applies to any discharge that contains human sewage, whether as sewage effluent, sewage sludge, or sewage compost, except discharges specifically allowed by Rule 5 (pit latrines), Rule 6 (aerobically treated sewage), or Rule 7 (on-site sewage treatment and disposal). Applications for resource consents for activities covered by this rule will be assessed with regard to Policies 4.2.12-4.2.14 and 4.2.16. Matters that will be considered for all applications are included in section 5.3.4 of the Plan.

Existing landfills in the Region have been granted resource consents, as required under sections 418(1A) and (1B) of the Resource Management Act 1991. Some consents allow the co-disposal of sewage sludge subject to conditions. No additional consents are required to discharge sewage sludge at these landfills during the term of their existing consents.

The discharge of any contaminants into or onto land in connection with:

(1) refuse disposal at farm (including factory farms) landfills or domestic (residential) waste disposal sites; and

(2) farm composting operations (including factory farms) and domestic composting operations;

is a Permitted Activity provided:

(a) for composting, the discharge shall consist only of green wastes, and shall contain no hazardous substances;

(b) for refuse disposal, the discharge shall consist only of household or farm wastes generated on that property and shall contain no hazardous substances;

(c) the discharge shall occur no less than 20 m from any surface water body, from any bore used for drinking water supply, or from the coastal marine area;

(d) the base of the disposal area shall be no less than 1 m above the highest level of the water table;

(e) there shall be no windblown litter from the site; and

(f) no more than six months after the closure of the discharge site, the site shall be rehabilitated to a condition which is compatible with surrounding land uses, and does not constitute a greater hazard than the surrounding land with respect to landslip and subsidence.

Explanation Rule 9 applies to composting operations and the on-site disposal of household and farm wastes. The terms "farm wastes", "farm landfills", "composting", "farm composting" and "green wastes" are defined in Section 3 of this Plan. Provided that the conditions in the Rule can be met, the following activities are permitted:

• disposal of household and farm refuse (other than hazardous wastes) on the property at which the wastes were generated. This includes on residential properties, production land and factory farms; and
• backyard composting and farm composting. This includes composting on production land and factory farms, and may include the composting of green wastes generated off the property (e.g., excess green wastes from neighbouring farms). It does not include the operation of commercial composting activities (i.e., composting commercial activity such as mushroom farming which use materials other than green waste).

For the avoidance of doubt, condition (a) precludes the composting of plant material that has been grown on a contaminated site. Rule 22 addresses the removal of material from a contaminated site.

The conditions relate to effects on water, nuisance effects and site rehabilitation.

Except as allowed by Rule 9(1), the discharge of contaminants onto or into land used for the disposal of waste materials, with the exception of land used exclusively for cleanfill disposal, but including disposal at a landfill, rubbish dump or tip, is a Discretionary Activity.

Explanation. This rule applies to landfills that are not farm or domestic dumps (these are allowed by Rule 9(1)). As required by Section 418 of the Act, all landfills in the Region have permits to discharge waste to land. This rule applies to any new landfill established in the Region, and to existing landfills where their permit expires. Applications for resource consents for activities covered by this rule will be assessed with regard to Policies 4.2.8-4.2.10, 4.2.32-4.2.34. Matters to be considered for all applications are in section 5.3 of the Plan. Discharges of contaminants from closed landfills are addressed in Rules 21 and 22.

The discharge of contaminants into or onto land in connection with:

(1) the disposal of offal on production land or at a factory farm;

(2) the storage of silage;

is a Permitted Activity provided

(a) the discharge shall occur no less than 20 m from any surface water body, from any bore used for drinking water supply or from the coastal marine area;

(b) the base of the disposal area shall be no less than 1 m above the highest level of the water table;

(c) there shall be no discharge into surface water other than by way of imperceptible seepage;

(d) the discharge shall contain no hazardous substances;

and the following additional conditions for offal pits:

(e) the pit shall be securely covered and shall contain only plant and animal wastes generated on that property, and excluding plant and animal wastes from industrial or trade premises involved in processing animals and animal products; and

(f) no more than 6 months after the closure of the offal pit, the site shall be rehabilitated to a condition that is compatible with surrounding land uses.

Explanation. Rule 11 applies to discharges from the on-farm disposal of offal and the storage of silage. If an offal pit or silage storage does not comply with any of conditions (a) to (f), the discharge is a discretionary activity in accordance with Rule 2.

The discharge of fertiliser onto or into land is a Permitted Activity provided:

(a) the discharge shall not cause noxious or objectionable effects on water.

Explanation. Fertiliser is defined in section 3 of the Plan as “any substance that is suitable for sustaining or increasing the growth, productivity or quality of plants by the provision of essential nutrients, provided the substance is free from human faecal matter and any pathogens.” This means that this rule does not apply to discharges of human sewage in any form, or to animal effluent unless that effluent is completely free of pathogens. Discharges of human sewage are provided for in Rules 3, 5, 6, 7 and 8. Discharges of agricultural effluent are provided for in Rule 13.

In the context of the condition on Rule 12, “noxious or objectionable effects” includes adverse effects on water which are noxious or objectionable because of increased nitrate concentrations in groundwater or undesirable biological growths in surface water. Following the best practice guidelines identified in the Code of Practice for Fertiliser Use (1998) prepared by the New Zealand Fertiliser Manufacturers’ Research Association would ensure that the condition is met.

In areas where fertiliser application could cause adverse effects the Council will provide people with information about more efficient and effective means of using fertiliser (see method 6.3.10). In accordance with Policy 4.2.22, the Council will be encouraging adherence to relevant codes of practice, in particular, the Code of Practice for Fertiliser Use (1998) prepared by the New Zealand Fertiliser Manufacturers’ Research Association.

Groundwater monitoring shows that there are some areas of the Region where nitrate contamination of groundwater is increasing, and where levels are already significant. The Council is carrying out further investigations and monitoring to determine the contributing sources of nitrate contamination of groundwater in the Kapiti Coast and the Wairarapa. Information gained from these investigations will be used when the Plan is reviewed in 10 years, or earlier, if necessary. If the provision of information about fertiliser use is not sufficient to avoid or mitigate the effects of the activity, a more regulatory approach as taken with other discharges may be needed.

The discharge of collected agricultural effluent, except composted agricultural effluent, into or onto land from:

(1) dairy sheds;

(2) piggeries;

(3) poultry farms; or

(4) other premises, involving the concentration of livestock in a confined area, from which effluent is collected and discharged;

is a Controlled Activity and shall comply with the standards and terms below.

Standards and terms

(a) no contaminants shall be able to enter water which is not part of the treatment system, except by way of imperceptible seepage, as a result of:

(i) inadequate storage facilities;

(ii) seepage or leakage from any part of the system, including treatment and storage facilities;

(iii) runoff into any surface water body;

(iv) spray drift;

(v) insufficient spreading of effluent;

(vi) application of effluent to water-logged or flooded land; or

(vii) equipment failure;

(b) the discharge shall occur no less than 20 metres from the neighbouring property boundary, any surface water body, farm drain, water supply race, any bore, or the coastal marine area;

(c) the system shall be maintained in an efficient operating condition at all times; and

(d) no stormwater collected from roofs or surrounding land shall be allowed to enter the system.

Control

The Wellington Regional Council shall exercise control over:

(1) the method and rate of effluent application;

(2) provisions for desludging the system and applying sludge to land;

(3) monitoring requirements;

(4) the duration of the consent;

(5) administrative charges.

Explanation. Rule 13 applies to agricultural effluent which is collected and discharged into or onto land. The rule does not apply to the discharge of effluent in an unmanaged or unconfined situation where the volume and effects of the effluent are such that it does not require collection and disposal (e.g., discharges from individual animals, such as house cows). The rules cover discharges from oxidation ponds or other storage facilities, and discharges from the irrigation of effluent (treated or untreated) onto land. Composted agricultural effluent is widely used as a fertiliser and soil conditioner with no adverse effects. Effluent in this form is not regulated by this rule.

DairyNZ have a manual A Guide to Managing Farm Dairy Effluent. The manual was prepared to help dairy farmers and farm management specialists with the practical, effective, safe and legal management of farm dairy effluent. They also have information covering Waste Management, Soils, Nutrient Management, Irrigation, Feedpad & Standoff Facilities, Farm Tracks & Races, Chemical Storage & Disposal.

The discharge of stock dip effluent onto or into land is a Permitted Activity provided

(a) the discharge is more than 20 metres from any surface water body, farm drain, water supply race, or the coastal marine area; and

(b) the application rate throughout the disposal area does not exceed 0.5 mm per day.

Explanation. The Agrichemical Users’ Code of Practice (NZS 8409:1995) recommends that spent (stripped) dip wash can be spread onto suitable land at low application rates (Appendix GG3 of Part 6). The rate suggested in the Code is less than 5,000 litres per hectare. On a daily basis, this equates to 0.5 mm/day, or two square metres of land for every litre of dip. This application rate is low enough to avoid percolation to groundwater in porous soils and runoff to surface water in non-porous soils.

The discharge onto or into land of

(a) wastewater sludge originating from timber treatment processes using copper-chromium-arsenic wood preservatives;

(b) perchlorethylene contaminated waste from dry cleaning operations; or

(c) organochlorine substances

is a Non-Complying Activity.

Explanation. This rule applies to the discharge of these contaminants to any place, including at a landfill. Substances specified in (a) to (c) of this rule have created contaminated sites in this Region and elsewhere in New Zealand. These substances can be disposed into specifically designed facilities.

O rganochlorine substances (for example, chlorinated dioxins, pentachlorophenol (PCP), chlordane, the chlorinated agricultural insecticides such as DDT and dieldrin, and PCBs) requiring treatment or destruction may arise from a variety of sources, including contaminated soils, sediments, building materials, chemical stockpiles and materials from treatment ponds and waste dumps. The chemical stability of the organochlorine substances of concern, a feature contributing to their persistence in the environment, makes them difficult to destroy.

Applications for activities described in this rule will be assessed with regard to Policy 4.2.34 of the Plan. Matters that will be considered for all applications are included in section 5.3 of the Plan.

The discharge of any pesticide into or onto land as a solid or paste, if the discharge consists of:

(1) any pesticide applied to land by a ground-based application method in prill, pellet, granule, paste, or prepared bait form;

is a Permitted Activity provided

(a) no pesticide shall enter water in any water body, either directly or indirectly;

(b) the pesticide shall be applied in accordance with the manufacturer's instructions;

(c) signs shall be placed at all normal lines of approach to the discharge site,

(i) when the pesticide has been applied to public land; and

(ii) on all other land where pesticides of Schedules 1 or 2 (Deadly Poison, Dangerous Poison) have been applied;

identifying the pesticide(s) that has been applied, the date of application and the precautions, if any, that people using the site should take.

For pesticides for vertebrate pest control, such signs shall be in place for the duration of any residual effects of the pesticide; for all other pesticides, such signs shall be in place until the pesticide has been fully incorporated into the soil;

(d) the Wellington Regional Council shall be notified as soon as possible in the case of any accidental discharge into a surface water body;

(e) there shall be no discharge of any pesticide:

(i) within 10m of any surface water body or the coastal marine area; or

(ii) in any dry drain, dry ditch, dry irrigation channel or similar area

if the pesticide is identified (on the label or on the materials safety data sheet) as being “toxic to fish” or having aquatic acute toxicity (96hr LC ₅₀fish) at concentrations of 10.0 mg/l or less.

Explanation. Rule 16 permits most applications of pesticides directly to land as solids or pastes, subject to good practice (including providing warning signs). The term “pesticide” is defined in Section 3 of the Plan. The types of activities permitted by this Rule include using baits for vertebrate pest control, and prills for weed control. The rule specifies that a "ground-based application method" be used. This excludes application by aircraft.

Condition (c) addresses the use of signage to inform people of where pesticides have been used. "Public land" includes all areas in public ownership, e.g., parks, playing fields, and places such as schools and also those places used for public

assembly. "Normal lines of approach" means the usual access points at the legal boundary of the property.

“Residual effects” with respect to pesticides for vertebrate pest control includes secondary poisoning which may occur through the ingestion of poisoned carcasses by other animals, e.g., dogs eating possum carcasses.

"Fully incorporated into the soil" means that the granules, prills, or pellets have disintegrated, dissolved or been buried (as recommended in Appendix F3.2, NZ Agrichemical Users' Code of Practice NZS 8409:1995) and therefore, the risk to non-target organisms through accidental ingestion of the pesticide has been minimised.

The discharge of any solid pesticide onto land in connection with:

(1) the aerial application of any vertebrate pest control chemical listed as a "controlled pesticide" in the First Schedule of the Pesticides Act 1979;

is a Controlled Activity, and shall comply with the standards and terms below.

Standards and terms

(a) there shall be no application of pesticides into open surface water bodies or onto any roof or other structures used as a catchment for water supply;

(b) a navigational guidance system shall be used to ensure application is within the defined areas, and records of flight paths shall be made available for public viewing;

(c) the authority responsible for the operation shall maintain a register of landowners/occupiers who object to the flight paths of aircraft involved in pest control operations passing over their properties. All practicable steps shall be taken to avoid the use of flight paths over such properties during an operation;

(d) approval of all landowners where the activity is to take place shall be obtained, and alternative means of achieving an equivalent degree of control of the targeted pest shall be offered to landowners who do not wish the pesticide to be applied on their land;

(e) all practicable steps shall be taken to ensure that there is no dust drift, as a result of the discharge, beyond the boundary of the target properties;

(f) the Wellington Regional Council shall be notified as soon as possible in the case of any accidental discharge into a surface water body;

(g) the operator shall ensure that the bucket distributing the bait is covered when flying to the extent necessary to minimise the risk of bait spilling from the top due to air currents.

(h) there shall be no discharge of any pesticide:

(i) within 10m of any surface water body or the coastal marine area; or

(ii) in any dry drain, dry ditch, dry irrigation channel or similar area if the pesticide is identified (on the label or on the materials safety data sheet) as being “toxic to fish” or having aquatic acute toxicity (96hr LC ₅₀fish) at concentrations of 10.0 mg/l or less.

Control

The Wellington Regional Council will exercise control over:

(1) the rate of pesticide application;

(2) monitoring requirements;

(3) the duration of the consent;

(4) administrative charges.

Explanation. The term “pesticide” is defined in Section 3 of the Plan. Rule 17 allows the aerial application of vertebrate pest control chemicals. This means any application involving the use of an aircraft (as defined in the Act). Sodium

monofluoroacetate (1080) is currently the only vertebrate pest control chemical applied by aerial means. The conditions include a requirement to obtain the permission of affected landowners. If landowners do not wish the pesticide to be applied aerially to their land, the person carrying out the activity must offer the landowner alternative means of pest control. The degree of control achieved by the alternative means must be equivalent to that which would have been achieved by the aerial application of the pesticide. Where alternative means of control are used, either by the landowner/occupier or the authority responsible for pest control, this condition does not require any additional costs of control (i.e., costs in addition to those budgeted for aerial application) to be borne by the responsible authority.

"All practicable steps" in condition (e), includes: use of high quality baits (or other solid pesticides) with a very low percentage of fine material and which are resistant to breaking on impact.

In addition to complying with these rules, users of 1080 and other "controlled pesticides" are also subject to the relevant approvals obtained under the Pesticides Act and the Vertebrate Pest Control Regulations made under that Act, and for aerial application, the Civil Aviation Act and its associated regulations. Among other things, these Acts require:

• the use of the controlled pesticide to be carried out by (or under the supervision of) an operator approved and licensed under the Pesticides Act;
• the approval of the Medical Officer of Health, who may place conditions on the approval; and
• in specified "restricted areas", the approval of the relevant territorial authority, which may also place conditions on the approval.

Clause (e) of Rule 16, and (h) of Rule 17 apply to any pesticide applied as a solid or paste (including herbicides and insecticides) which has ecotoxic effects on fish. Information on the ecotoxicity of pesticides is found on the label, or on the materials safety data sheet (MSDS) available from the manufacturer. The LC ₅₀ level for pesticides covered by this clause (i.e., the level at which 50% of test populations of fish die) occurs when the substance is diluted in water at a concentration of 10 mg/l or less. This threshold level is consistent with recent OECD classification criteria for the aquatic environment which have been proposed for use in the reform of legislation for Hazardous Substances and New Organisms. Pesticides that are toxic to fish should not be used near water.

Important Note: Rules 16, and 17 apply to the direct application of pesticides to land (including application of baits by aerial means). They do not apply to the spray application of pesticides. The spray application (including aerial spraying) of pesticides is addressed in the Regional Air Quality Management Plan.

The discharge of any contaminants into or onto land in association with the construction, maintenance and repair of roads, pathways, yards and other sealed areas or accessways, is a Permitted Activity (other than the disposal of waste materials addressed by another Rule in this Plan), provided

(a) the discharge shall consist only of materials normally associated with the construction and maintenance of roads and sealed areas, but not including any agrichemical or waste oil; and

(b) no contaminant shall be able to enter surface or ground water, other than by way of imperceptible seepage, for the duration of the activity.

Explanation. Rule 18 applies to the discharge of contaminants to land in the course of the construction, maintenance and repair of roads and sealed areas. Condition (a) relates to the nature of the materials discharged. These include solid fill, concrete, bitumen, lime and dust suppressants other than waste oil. Alternatives to the use of waste oil as a dust suppressant include the use of lime/cement or bitumen stabilisation (spraying of a cold liquid bitumen emulsion). The disposal of waste materials is not covered by this Rule and therefore requires that disposal either occur at a landfill, or other facility able to accept such material, or the material be recycled, as appropriate. Pesticides used to control weeds on roads or other sealed areas are not permitted by this Rule, but are addressed by Rule 16 when solid pesticides are applied (e.g., granules, pellets or prills). The spray application of agrichemicals is addressed in the Regional Air Quality Management Plan. The conditions relate to adverse effects on water quality and amenity values. These conditions require good practice (e.g., not laying bitumen during or prior to rain).

The discharge from water treatment plants into or onto land of:

(1) supernatant and other waste water;

(2) coagulant wastes and admixtures containing coagulant wastes mixed with soil, aggregates, or other naturally occurring materials;

is a Controlled Activity, and shall comply with the standards and terms below.

Standards and terms

(a) the discharge shall occur no less than 20 metres from any surface water body, from any bore used for drinking water supply, irrigation or stock water or from the coastal marine area;

(b) the base of the disposal area shall be no less than 1.5 metres above the highest level of the water table; and

For a discharge to a dedicated disposal site (i.e., a site which only receives coagulant wastes), the following standard shall apply:

(c) coagulant waste shall be physically stable to the extent necessary to ensure that the discharge site does not constitute a greater hazard with respect to landslip or subsidence than existed at the site prior to waste disposal.

Control

The Wellington Regional Council will exercise control over:

(1) the water content of the coagulant waste;

(2) the manner in which the discharge occurs, including requirements to engineer the site to standard which ensures (c) above is met;

(3) rehabilitation of the discharge site;

(4) monitoring requirements;

(5) the duration of the consent;

(6) administrative charges;

and where coagulant waste is to be applied as a soil amendment or landscaping material, or where supernatant is to be applied to land;

(7) the rate of application.

Explanation. Rule 19 applies to waste generated during water treatment and includes both liquid waste (e.g., from backwashing of filters) and coagulant wastes. The standards and terms address soil and water quality concerns.

For the avoidance of doubt, a consent is not required to dispose of coagulant waste to a landfill which already holds the appropriate consents.

The discharge of waste oil onto or into land is a Discretionary Activity.

Applying for a resource consent

An application for a resource consent for an activity described in Rule 20 shall include:

(1) a description of the activity for which a resource consent is sought, including the methods and processes to be used, and location map;

(2) information on the likely contaminants based on the source of the waste oil;

(3) where waste oil is applied to any road, the distance to any water supply race, lake, river, wetland, or part of the coastal marine area, and a description of measures to be taken to avoid any effects on them by road run-off in such detail as corresponds with the scale and significance of the actual or potential effects of the activity; and

(4) information on those matters specified in (1)-(8) of section 5.3.1 of this Plan, as deemed relevant, and in such detail as corresponds with the scale and significance of the actual or potential effects of the activity.

Explanation. Rule 20 applies to the discharge of waste oil to any land, whether to a landfill for disposal, or onto a road for suppressing dust. Policy 4.2.42 (below) contains specific guidance for the assessment of applications for activities governed by this rule. The general guidance contained in Policy 4.2.41 is also applicable.

Policy 4.2.42

Notwithstanding Policy 4.2.34, to grant consents for discharges of waste oil to land, other than at a landfill, only where the Council is satisfied that:

(1) contaminants from the discharge will not enter any water body, water supply race, or the coastal marine area;

(2) the discharge will not result in contaminant levels in soils, excluding carriageways, being raised above levels in the ANZECC Guidelines (1992); and

(3) mitigation measures are in place to minimise contaminated dust from the application area adversely affecting any neighbouring receiving environment;

and, in any case, that it is consistent with the purpose of the Act to do so.

Explanation. Rule 20 classifies the discharge of waste oil to land as a Discretionary Activity. This policy guides decision making for assessing applications for activities governed by Rule 20.

“Water body” is defined in the Act as “fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area.” “Soil” is defined in the Regional Soil Plan as “a layer of organic and inorganic materials that overlies inorganic materials (either consolidated or unconsolidated), including alluvium and rock fragments weathered from the bedrock."

The discharge of any contaminants:

(1) into or onto land from a contaminated site, (and not from any activity located on the site) other than as provided in clause (1) of Rule 22; or

(2) into or onto land which is, or is part of, a contaminated site, in association with the on-site remediation of the contaminated site;

is a Permitted Activity provided

(a) there shall be no noxious, dangerous, offensive or objectionable levels of contaminants in the air at or beyond the site boundary as a result of the discharge;

(b) there shall be no contaminants from the contaminated site or from any discharge associated with site remediation (or any other contaminants emanating as a result of natural processes from those contaminants) beyond the boundary of the contaminated site at concentrations above the background levels for that location;

(c) the site owner shall undertake such monitoring as is necessary to ensure that the site complies with conditions (a) and (b) above, and shall make the monitoring results available to the Wellington Regional Council, on request.

The discharge of any contaminants:

(1) into or onto land from a contaminated site (and not from any activity located on the site); or

(2) into or onto land which is, or is part of, a contaminated site, in association with the on-site remediation of the contaminated site;

if:

(3) the activity involves the removal of material from the contaminated site and the discharge of contaminated material at some other location (unless the material is discharged at a landfill which holds resource consents which enable it to accept the discharge); or

(4) the discharge does not comply with any of the conditions in Rule 21;

is a Controlled Activity and shall comply with the standards and terms below.

Standards and terms

(a) the consent holder shall undertake such monitoring as is necessary to ensure that the site complies with conditions or standards set by the Wellington Regional Council under provisions (i) and (ii) of this Rule, and shall make the monitoring results available to the Wellington Regional Council, on request.

Control

The Wellington Regional Council shall exercise control over:

(1) any on-site actions that may be required in order to manage the actual or potential effects of discharges of contaminants from the originating site or the disposal site;

(2) standards for site remediation, if necessary;

(3) the means of removal, and the location of the disposal, of any contaminated material from the site;

(4) the duration of the consent; and

(5) administrative charges.

Explanation. These rules apply to both:

• discharges from contaminated sites (as a result of site contaminants leaving the site, e.g., leaching into groundwater, dispersing into air, or migrating through soil); and
• discharges which result from site remediation activities, whether at the site (e.g., in-situ bioremediation) or at some other location (e.g., removal and disposal of contaminated material).

The rules do not apply to other activities (e.g., factory discharges) which may occur at a contaminated site.

Contaminated sites are defined in Section 3 of this Plan. The rules focus on whether or not the site is having an adverse effect beyond the site boundary. For the purposes of these rules, the "boundary" of a contaminated site means the complete extent of the contaminated land, as assessed at the time that the site was investigated, and confirmed as being contaminated.

If the existence of the contaminated site, or the remediation of the site doesn't have an effect beyond the boundary of the site, then Rule 21 provides that no resource consent is required. This permits, for example, discharges of uncontaminated stormwater from the site, or the on-site containment of contaminated material.

If the site or the remedial action is having or will have an adverse effect beyond the site boundaries then the discharges are controlled activities. The only exception to this is where material from a contaminated site is discharged at a landfill which holds resource consents which enable it to accept the discharge. In this case, no additional resource consent is required.

In enforcing this rule, the Regional Council will ensure that owners of contaminated sites are given sufficient time to respond to the requirement to obtain a resource consent before enforcement action is taken. This may include issuing an abatement notice which requires a discharge consent to be obtained within a specified time.

Policy 4.2.48 is particularly relevant to applications made under Rule 22.

Contaminated sites may also be subject to provisions in district plans and other legislation.