Draft Policy for Assessing & Managing Contaminants in soil: a progress report

WMINZ Conference, 15 October 2009

James Court and Howard EllisMinistry for the Environment

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• NZ risk-based methodology to derive soil guideline values levels protective of human health;

• Determine good practice district plan provisions requiring appropriate risk management actions

• national environmental standard or guidelines

New policy initiatives on managing contaminants in soil

3

Environment protected (human health, ecological and all beneficial uses)

Good quality land maintained

Fit for purpose land (maximising safe human use)

Land affected by hazardous substances managed/remediated to

the extent practicable

Human health protected

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[Section 31 of the RMA]:

“the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land.”

Good practice district plan policies and rules

Why high priority?

Contaminated land provisions in district plans

No

Restricted discretionary

activityYes

Proposed subdivision, development, land-use change

reports, RAP,

mgt plan to council

Permitted Activity

on HAIL list?

on HAIL list?

site investigation

SGV exceeded?

SGV exceeded?

Assess site?

Assess site?

No

No

reports to council

Preliminary investigation

Step 1

Step 2

Step 3

use experienced and qualified professionals for site reports and audits RAP and/or risk management plan are subject to resource consent conditions waste tracking system to ensure contaminated soil is safely transported to correct and authorised destination off-site 

Other requirements

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Con

tamin

ant C

oncen

tration –

Increasin

g level of risk

Risk of chronic exposure

Risk of acute exposure

Negligible risk of exposure

SGV(health)

Significant adverse effects are reasonably likely

Risk that adverse effects will occur

Any adverse effects are no more than minor

(Risk is acceptable)

Toxicological risk RMA effects thresholds

Risk is unacceptable

SGVs(health) are for protecting human health

Land </= SGV(health) is safe for human use

Land > SGV(health) is to be remediated and/or managed

the national benchmark

not “pollute up to” levels.

not for assessing agricultural land per se

Can modify SGVs(health) on a site-specific basis as per guidance (Tier 2) if exposure is different from scenarios provided

1. Rural residential/lifestyle (10% produce) 2. Rural residential/lifestyle (50% produce) NON REG3. Residential (10% produce) 4. High density residential (no produce)5. Parks/Recreation6. Commercial/industrial outdoor worker

SGVs for regulatory purposes:Land use scenarios (fruit and vegetable consumption)

SGV(health) derived for As, Cd, Cu, Cr (III, VI), Pb,

Hg, B, BaP, DDTs, dieldrin, PCP, dioxin/furans, PCBs

SGV derivation methodology fully documented

Petroleum hydrocarbons (during 2010)

If no SGV(health) then look to CLMG No. 2

If background > SGV(health) then risk is more than

minor and may need to be managed

SGVs(health for regulatory purposes

Environmental effects

assess on a site by site basis,

use conceptual site model to identify:

ecological effects

effects on surface water, groundwater – including human

drinking water sources

impacts on amenity values

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How will everything fit together?

Riskscreening

Investigatingsites

Classifyingsites

Sheepdips

Timbertreatment

PetroleumGasworks

Analysingsoils

SGVs

TA Policies & Rules

Reporting

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Analysingsoils

How will everything fit together?

Riskscreening

Investigatingsites Classifying

sites

Sheepdips

Timbertreatment

PetroleumGasworks

SGVs

District Policies & Rules

Reporting

NES

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Tentative timetable (NES)

Discussion document Nov 09

Submissions period to Mar ‘10

Submissions report April ‘10

Proposal to Minister June ‘10

If Cabinet approves Aug ‘10 Legal drafting Sep ‘10 Regulation as NES Nov ‘10

Information management

Local authorities are to maintain compatible

databases to record and exchange information

concerning contaminant in soil …

An information management system shared between regional councils and territorial authorities and made accessible to those who need to make informed decisions about affected land is fundamental to achieving the effective and efficient public administration of land affected by soil contaminants.

Risk Management

Remediation

regulatory

source

control

Containment

regulatory

exposure pathway control

Behaviour

non regulatoryreceptor control