frews contracting ltd proposed quarry and managed fill

Frews Contracting Ltd

Proposed Quarry and Managed Fill

Plantation Road, Hororata

Resource Consent Applications

Planning Report

Prepared by:

Barry Loe

Loe Pearce & Associates Ltd

__________________________________________________________________________________ Frews Contracting Ltd Quarry and Managed Fill, Hororata Planning Report

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Associated Reports and Documents This report is to be read in conjunction with the following reports, and together with resource

consent application forms.

• Frews Quarries Ltd Quarry & Managed Fill Project Description

• Frews Quarries Ltd Managed Fill Discharge of Contaminants into Land Assessment

of Effects on the Environment

• Baseline Hydrogeologic Assessment Frews Quarry and Managed Fill

• Contaminant Transport Model Quarry and Managed Fill Project

• Frews Quarries Ltd Quarry & Managed Fill Discharges to Air Assessment of Effects

on Air Quality and Dust Deposition to Land

• Frews Quarries Ltd Quarry & Managed Fill Site Management Plan

RMA Section 88 This Planning report, and the associated reports and application forms, have been prepared in

fulfilment of the requirements of RMA s88 and RMA Schedule 4 for applications for resource

consents.


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Table of Contents Associated Reports and Documents ....................................................................................................... 2

RMA Section 88 ....................................................................................................................................... 2

1. Project Description - Summary ....................................................................................................... 5

2. Existing Resource Consents for the site: ......................................................................................... 6

3. National Environmental Standards ................................................................................................. 7

Resource Management (National Environmental Standards for Air Quality) Regulations 2004 ....... 7

Resource Management (National Environmental Standards for Sources of Human Drinking Water)

Regulations 2007................................................................................................................................. 8

Resource Management (National Environmental Standard for Assessing and Managing

Contaminants in Soil to Protect Human Health) Regulations 2011 .................................................... 9

4. National Policy Statements ........................................................................................................... 10

National Policy Statement on Electricity Transmission 2008 ........................................................... 10

The Electricity (Safety) Regulations 2010 ..................................................................................... 10

National Policy Statement for Freshwater Management 2014 ........................................................ 12

5. Iwi Management Plans .................................................................................................................. 13

Mahaanui Iwi Management Plan 2013 ............................................................................................. 13

6. Canterbury Regional Policy Statement ......................................................................................... 17

7. Canterbury Land and Water Regional Plan (including PC7) .......................................................... 21

Rules, consents required, consent status ......................................................................................... 21

LWRP Rules applying to the proposed activity (including proposed PC7 amendments) ................. 22

LWRP Chapter 11 - Selwyn Te Waihora Sub-Region ..................................................................... 26

LWRP Section 3 Objectives .......................................................................................................... 27

LWRP Section 4 Policies ................................................................................................................ 28

Section 11 Selwyn Te Waihora - Policies ................................................................................ 34

LWRP Schedules relevant to the proposed quarry and managed fill ............................................... 36

Schedule 3 Hazardous Industries and Activities ........................................................................... 36

Schedule 5 ..................................................................................................................................... 37

LWRP Definitions Relevant to the proposed quarry and managed fill: ............................................ 40

8. Canterbury Air Regional Plan: ....................................................................................................... 43


CARP Rules applying to the activities at the proposed quarry and managed fill.......................... 44

CARP Objectives relevant to the proposed Activity .......................................................................... 47

CARP Policies relevant to the proposed Activity .............................................................................. 47

CARP - Relevant Definitions .............................................................................................................. 48


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9. RMA Section 105 ........................................................................................................................... 50

10. Selwyn District Plan ................................................................................................................... 51


Selwyn District Plans Rule applying to the proposed activities ........................................................ 52

Objectives and Policies of Selwyn District Plan................................................................................. 56

RMA section 104D - Particular restrictions for non-complying activities ......................................... 63

Selwyn District Plan – Relevant Definitions: ..................................................................................... 64

11. Consultation .............................................................................................................................. 65

12. Assessment of the Quarry and Managed Fill against Matters in RMA Part 2 .......................... 66

13. Non-statutory documents relevant to a Managed Fill ............................................................. 68

WasteMINZ Technical Guidelines for Disposal to Land .................................................................... 68

Asbestos Management Guidelines ................................................................................................... 71

14. Certificates of Title .................................................................................................................... 74

............................................................................................................................................................. 75


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1. Project Description - Summary The site is located on Plantation Road, Hororata and is approximately 59 hectares in area. The

proposed quarry and disposal facility will extend from the existing aggregate quarry and cleanfill

operated by Frews in the southern area of the site since 2009. The scale of the proposed operation is

essentially the same as that authorised by current resource consents for the existing quarry and

cleanfill operation at the site. The operating pit size will be the same, although it will progress across

the site. The volume of material to be exported from, and imported to, the site will not increase

from existing volumes, and therefore truck movements to and from the site will not increase. The

annual volume of gravel excavated from the pit will increase by enough to provide for daily cover of

deposited managed fill material.

Aggregate will be excavated to a depth of 8 metres below the natural ground level and the

excavated area backfilled with cleanfill and managed fill. The extent of the area of the site under

excavation and filling at any time will be limited to approximately 1.5 ha, with a further 2.5 ha

adjacent to the area being excavated and filled, being either restored or prepared for future

excavation and filling.

Up to 75,000 m3 per year of aggerate will be excavated, but of this a maximum of 50,000 m3 of

quarry product will be exported from the site. The remainder will be used within the site as cover

material or cleanfill. Up to 50,000 m3 per year of cleanfill and managed fill will be imported to the

site each year.

The managed fill will be soil containing low to medium concentrations of inorganic and organic

contaminants, asbestos fragments that are entrained in soil removed from land as part of re-

construction processes, and large pieces of historical roading asphalt that contains coal tar, but the

most hazardous coal tar contaminants are in a state that is not susceptible to leaching from the

asphalt.

Following the deposition of the managed fill and cleanfill, the land will be restored to the

surrounding natural ground level using cleanfill and topsoil and will be returned to pasture.


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2. Existing Resource Consents for the site: Canterbury Regional Council

Resource Consents Activity Authorised Limits on scale

Discharge to air CRC092573 (original #) CRC147072 (current #) Expires 03/12/2044

Dust and odour from quarry and associated activity, storage of mushroom compost and green waste

20,000 m3/yr of quarry activity 5000 m3 of compost and shredded green waste, or mix 500 m3 shredded green waste

Land Use CRC092571 (original #) CRC147082 (Change conditions of CRC092571, current #)) Expires 25/06/2044

Quarry excavation and associated activity, cleanfill deposition, site restoration Storage of compost and green waste

1 ha 20,000 m3/yr excavation to a depth of 8m

Land Use CRC147389 Expires 04/09/2049

Quarry extension and increase in scale Quarry excavation, screening and crushing of aggregate, cleanfill deposition, site restoration.

4.6 ha 50,000 m3/yr excavation to a depth of 8m

Selwyn District Council

Resource Consents Activity Authorised Limits on scale

SDC 085417 Granted 04/11/2009 SDC 125410 (Change conditions of 085417) Granted 07/12/2012

Quarry activity, storage of compost and green waste

20,000 m3/yr excavation

SDC 145269 Granted 19/09/2014

Quarry activity and rehabilitation

50,000 m3/yr excavation

SDC165261

Disposal of solid waste: Asbestos in inert natural material @ 0.001%


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3. National Environmental Standards

Resource Management (National Environmental Standards for Air Quality) Regulations

2004 The Resource Management (National Environmental Standards for Air Quality) Regulations 2004

(NES – AQ) has regulations that apply to discharges to air, including discharges of particulate matter

(PM10) from a quarry and managed fill that may affect ambient air quality beyond the site.

What is the ambient PM10 standard?

Regulation 13 and Schedule 1 of the Regulations specify the ambient air quality standards (the

ambient standards). The ambient PM10 standard is that the:

PM10 concentration of 50 μg/m-3 (24-hour average) will not be exceeded for more than one

24-hour period in a 12-month period.

The PM10 ambient standard came into force on 1 September 2005. The ambient standards apply to

all regions of New Zealand. The ambient standards apply in the open air everywhere people may be

exposed. Areas which are in the open air and where the ambient standards do apply include; areas

outside dwellings, roadside verges and rural areas. Areas which are not in the open air and where

the ambient standards do not apply include; inside buildings including dwellings, and inside vehicles.

Sites which have resource consents

The ambient standards do not apply on-site to sites to which resource consents apply for that

discharge. The ambient standards do apply off-site to sites to which resource consents apply, i.e.,

they apply everywhere other than on the site on which the consent is exercised. The standards apply

to both point source and fugitive emissions.

The Regulations do not apply to land-use activities occurring under section 9 of the RMA. Regulation

17(1) refers to “an application for resource consent to discharge PM10”. The intent is that the

Regulations apply to the ‘activity’ of discharging PM10 that requires resource consent, not to the land

use or industrial process that leads to the discharge, nor any permitted discharges.

Analysis:

The operation and management of the proposed Managed Fill includes dust suppression and

management measures that will ensure the ambient PM10 standard in the NES-AQ will not be

exceeded beyond the boundary of the site. For further information on the assessment of effects on

the environment from dust discharges and the management of dust generation, see the AEE

Discharge to Air and the Site Management Plan.

Polluted Airshed

Under the NES-AQ a Polluted Airshed is an airshed where the average number of exceedances of the

PM10 standard over the preceding five years is more than one per year. The status of being a

Polluted Airshed only relates to PM10 (not to other pollutants).

Analysis:

The managed fill is not located within a Polluted Airshed, Canterbury Air Shed or Clean Air Zone

identified in the CARP.


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NES -AQ Regulations for Landfill and Cleanfill sites

The NES for Air Quality contains specific requirements in respect of landfills (Class 1 and Class 2). The

NES regulations apply to landfills where the waste in or to be included in the landfill is likely to

consist of 5% or more (by weight) of matter that is putrescible or biodegradable e.g. kitchen waste

and green waste.

The NES-AQ requires landfills with more than 200,000 tonnes of waste in place and a design capacity

of greater than one million tonnes to collect landfill gas and either flare it (to minimum standards) or

use it as a fuel to produce energy.

The NES also prohibits the lighting of fires or burning of waste at landfills and the burning of tyres.

Analysis:

The proposed Managed Fill is a Class 3 landfill, with waste acceptance criteria (MFWAC) that will

ensure that waste material does not contain putrescible matter and any incidental biodegradable

matter in materials accepted will not exceed 2% by weight.

Conclusion:

The proposed Managed Fill will operate in accordance with the NES -AQ and discharges of

particulate will not cause air quality to breach the regulations.

Resource Management (National Environmental Standards for Sources of Human

Drinking Water) Regulations 2007 The Resource Management (National Environmental Standards for Sources of Human Drinking

Water) Regulations 2007 (NES-SHDW), contain regulations relating to the granting of discharge

permits up-gradient of a registered community drinking water supply (CDWS). Regulations apply in

respect of the effect of discharges on the concentration of contaminants at the abstraction point for

the water treatment plant for a CDWS that serves more than 501 people for more than 60 days per

year. The quality of water from such a supply must meet the maximum acceptable values (MAV) for

contaminants that are set in the NZ Drinking Water Standards. A discharge upstream of a CDWS

intake cannot compromise the ability of the CDWS to meet the NZ Drinking Water Standards.

Analysis & Conclusion:

The closest down-gradient CDWS wells are M36/2693, M36/2694 and M36/5777 located at

Burnham, 28 km from the managed fill site. The design and operation the proposed Managed Fill are

predicated on the parameter that any discharge from the landfill will not exceed 50% of the MAV in

NZ Drinking Water Standards for any contaminant at the boundary of the site. Because of this limit,

and the extended distance between the site and the CDWS wells, any potential discharge from the

managed fill will not breach the NES-SHDW.


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Resource Management (National Environmental Standard for Assessing and Managing

Contaminants in Soil to Protect Human Health) Regulations 2011 The Resource Management (National Environmental Standard for Assessing and Managing

Contaminants in Soil to Protect Human Health) Regulations 2011 (NES-CS) applies to some activities

on pieces of land where soil may be contaminated from past use in such a way as to be a risk to

human health. The activities to which the regulation apply are; removing or replacing a fuel storage

system or; sampling the soil, disturbing the soil, subdividing land or changing the use of the piece of

land, where the land has been identified to have had a HAIL activity undertaken on it. The NES-SC is

administered by territorial authorities.

Analysis & Conclusion:

In respect of the application for the managed fill the NES-CS does not apply to the land which is

proposed to be used for the quarry and managed fill before it is used as a landfill, as there has been

no previous HAIL activity on the production land before it is excavated, therefore NES-SC Clause 5

(1)(a) does not apply.

The use of the land as a managed fill will create a HAIL site. The site will be restored to production

land with a layer of at least 1 metre of uncontaminated covering the managed fill material,

preventing exposure of this material. This change in land use, from managed fill (HAIL site) to

production land, is not ‘reasonably likely harm human health’, therefore NES-SC Clause 5(6) does not

apply.

The proposed managed fill, following restoration to production land, is subject to NES-CS. There will

be no further significant disturbance of soil on the land following restoration to production land, and

any minor disturbance for agricultural use will comply as a permitted activity under the NES-SC

Clause 8(3).

No approvals are required under NES-CS for the operation of the proposed Managed Fill.


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4. National Policy Statements

National Policy Statement on Electricity Transmission 2008 The National Policy Statement on Electricity Transmission 2008 (NPS-ET) sets out the objective and

policies to enable the management of the effects of the electricity transmission network under the

Resource Management Act 1991.

The objective of the NPS-ET is to recognise as a matter of national significance, the need to operate,

maintain, develop and upgrade the electricity transmission network, while managing the adverse

environmental effects of the network and managing the adverse effects of other activities on the

network.

The NPS-ET contains policy to manage the adverse effects of third parties on the transmission

network when making decisions under the RMA, including avoiding reverse sensitivity effects, and to

ensure the operation, maintenance, upgrading, and development of the electricity transmission

network is not compromised.

The objective and policies are intended to guide decision-makers in drafting plan rules, in making

decisions on the notification of the resource consents and in the determination of resource consent

applications, and in considering notices of requirement for designations for transmission activities.

Analysis:

The Transpower transmission line HOR-ISL-E 110kV runs along the east side of Plantation Road,

between Thwaites Road and Scotts Road to the north. There are 11 transmission towers in this 1.4

km section of the line.

There will be no reverse sensitivity effects on the electricity transmission network create by the

operation of the quarry and managed fill. The site has been operated as a quarry and cleanfill for

over 10 years, and the presence of the transmission network has not created any issues for the

quarry and cleanfill. None are expected for the proposed quarry and cleanfill.

The quarry and managed fill will not create any effect that is likely to compromise the operation,

maintenance, up-grading and development of the electricity transmission network. All safe

separation distances between the network and operations on the quarry and managed fill site will

be maintained (see below).

Plantation Road is an unsealed road, so dust is generated by vehicles travelling along this road. The

transmission line along Plantation Road is exposed to this dust. The operation of the site as a quarry

and managed fill will it increase vehicle movements along Plantation Road to the north of the site.

The operations at the quarry and managed fill will be undertaken to ensure that dust generation is

minimised through management practices, and there is no significant adverse effect of dust beyond

the site boundary.

The Electricity (Safety) Regulations 2010 The Electricity (Safety) Regulations 2010 cite several New Zealand Electrical Codes of Practice (ECPs).

Electrical Codes of Practice (ECPs) are issued by WorkSafe under Section 36 of the Electricity Act

1992. Their purpose includes the setting of standards and requirements for those involved in


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working with electricity and any electrical installations or appliances. These standards and

requirements include training and qualifications, design and construction, operation and supply, and

safety around people and property.

NZECP 34:2001 New Zealand Electrical Code of Practice for Electrical Safe Distances

This Electrical Code of Practice (Code) sets minimum safe electrical distance requirements for

overhead electric line installations and other works associated with the supply of electricity from

generating stations to end users. The minimum safe distances have been set primarily to protect

persons, property, vehicles and mobile plant from harm or damage from electrical hazards.

Compliance with the Code is mandatory. The Code covers:

• the safe distance requirements for building works and excavation near overhead electric line

support structures,

• the requirements for maintaining safe distances between conductors and the ground and

water, including restrictions on material being deposited under or near conductors,

• the responsibilities of parties who work or operate mobile plant near overhead electric lines

and other electrical works,

• minimum safe approach distance requirements for persons working near exposed live parts.

Under Section 2.2.3(b) of the Code, prior written consent of the tower owner is required for any

excavation or other interference with the land near any tower supporting an overhead electric line

where the work is at a greater depth than 3m, and between 6 - 12m of the outer edge of the visible

foundation of the tower.

Analysis:

The minimum distance between any transmission tower and the site boundary is more than 15

metres, and excavation deeper than 3 metres on the site will be more than 20 metres from the site

boundary, so all excavation at the quarry and managed fill will be outside the area that NZCEP:2001

applies.


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National Policy Statement for Freshwater Management 2014 The National Policy Statement for Freshwater Management 2014 (NPS-FM) sets out objectives and

policies that direct local government to manage water in an integrated and sustainable way, while

providing for economic growth within set water quantity and quality limits. The NPS-FM requires

freshwater quality within a freshwater management unit to be maintained at its current level (where

community values are currently supported) or improved (where community values are not currently

supported). For the human health value, water quality in freshwater management units must be

improved unless regional targets have been achieved, or naturally occurring processes mean further

improvement is not possible. The NPS-FM allows some variability in terms of freshwater quality, as

long as the overall freshwater quality is maintained within a freshwater management unit.

The policies of the NPS-FM direct regional councils to include policies in regional plans and impose

conditions on discharge permits to ensure the limits and targets set under the policies can be met.

Canterbury Regional Council has, and continues to progress, the implementation of the NPS-FM

through the provisions of the Canterbury Land and Water Regional Plan.

Of specific relevance to an application for the discharge of contaminants to fresh water, or to land

where a contaminant may enter freshwater, are LWRP Policies 4.8A and 4.8B, which copy NPS-FM

Policy A4. NPS-FM Policy A4 has effect only until any changes under RMA Schedule 1 to give effect

to Policy A1 and Policy A2 (freshwater quality limits and targets) become operative, as they are now

in LWRP Selwyn Te Waihora sub-region.

Analysis:

The LWRP implements the NPS-FM in Canterbury. The design and operation the proposed Managed

Fill are predicated on the parameter that any discharge from the landfill will meet the outcomes

(limits) for groundwater and surface water quality set in the LWRP for the Selwyn Te Waihora

catchment. Therefore the proposal will be in accord with the NPS-FM.


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5. Iwi Management Plans

Mahaanui Iwi Management Plan 2013 The policies of the IMP identified by Mahaanui Kurataiao as being relevant to this proposal are:

Te Waihora

TW4.1 To require that the management of land and water in the Te Waihora catchment recognises

and provides for the relationship between catchment land use, tributary flow, drain management,

water quality, the coastal environment and the cultural health of Te Waihora.

Wai Māori

WM2.1 To consistently and effectively advocate for a change in perception and treatment of

freshwater resources: from public utility and unlimited resource to wāhi taonga.

WM6.2 To require that water quality in the takiwā is of a standard that protects and provides for the

relationship of Ngāi Tahu to freshwater. This means that:

(a) The protection of the eco-cultural system (see Box - Eco-cultural systems1) is the priority, and

land or resource use, or land use change, cannot impact on that system; and

(b) Marae and communities have access to safe, reliable, and untreated drinking water; and

(c) Ngāi Tahu and the wider community can engage with waterways for cultural and social well-

being; and

(d) Ngāi Tahu and the wider community can participate in mahinga kai/food gathering activities

without risks to human health.

Analysis:

The proposal for the quarry and managed fill has been developed with primary consideration of the

need to protect groundwater and surface water quality, and thereby ensure that the eco-cultural

system is protected, and the values and uses of water are not adversely affected by the quarry and

managed fill.

WM6.8 To continue to oppose the discharge of contaminants to water, and to land where

contaminants may enter water.

WM6.11 Consented discharge to land activities must be subject to appropriate consent conditions to

protect ground and surface water, including but not limited to:

(a) Application rates that avoid over saturation and nutrient loading;

(b) Set backs or buffers from waterways, wetlands and springs;

(c) Use of native plant species to absorb and filter contaminants; including riparian and wetland

establishment and the use of planted swales; and

1The term eco-cultural systems acknowledges that there are ecological and cultural values associated with water, that these are related, and that both are integral to the relationship between tāngata whenua and land and water.


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(d) Monitoring requirements to enable assessment of the effects of the activity.

Analysis:

Any consents granted for the quarry and managed fill will have rigorous conditions to ensure that

the activities authorised do not result in significant adverse effects, and that water quality (and air

quality) are monitored to verify this.

WM6.23 To ensure that economic costs do not take precedence over the cultural, environmental

and intergenerational costs of poor water quality.

Analysis:

Frews Contracting have, and will continue to, invest considerable financial resources in investigation

and monitoring of potential effects to ensure that the quarry and managed fill, as predicted, do not

result in significant adverse effects on water quality.

Papatuanuku

P1.1 To approach land management in the takiwā based on the following basic principles:

(a) Ki Uta Ki Tai;

(b) Mō tātou, ā, mō kā uri ā muri ake nei; and

(c) The need for land use to recognise and provide for natural resource capacity, capability,

availability, and limits, the assimilative capacity of catchments.

As a means to:

(a) Protect eco-cultural systems (see Section 5.3 Issue WM6 for an explanation);

(b) Promote catchment based management and a holistic approach to managing resources;

(c) Identify and resolve issues of significance to tāngata whenua, including recognising the

relationship between land use and water quality and water quantity;

(d) Provide a sound cultural and ecological basis for assessments of effects of particular activities;

and

(e) Recognise and provide for the relationship between healthy land, air and water and cultural well-

being.

Analysis:

A fundamental tenet of the proposed quarry and managed fill is to ‘do no harm’ to any element of

the natural environment and in doing so protect eco-cultural systems and provide healthy land, air

and water.

P8.1 To require that discharge to land activities in the takiwā:

(a) Are appropriate to the soil type and slope, and the assimilative capacity of the land on which the

discharge activity occurs;

(b) Avoid over-saturation and therefore the contamination of soil, and/or run off and leaching; and

(c) Are accompanied by regular testing and monitoring of one or all of the following: soil, foliage,

groundwater and surface water in the area.

P8.2 In the event that that accumulation of contaminants in the soil is such that the mauri of the soil

resource is compromised, then the discharge activity must change or cease as a matter of priority.


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Analysis:

The proposal for the quarry and managed fill operation is based on ensuring that any leaching from

the managed fill is minimised and concentrations of contaminants that might get to groundwater

will ensure the groundwater will be suitable for drinking, and there will be no adverse effects on

surface water quality or ecosystems. The proposal includes comprehensive long -term regular

monitoring of ground water quality, and if necessary, surface water quality, down-gradient of the

property. As the active area of quarry and managed fill progressively moves across the property, the

land will be restored to pastoral farming, which is the current land undertaken on the property.

P10.1 The management of contaminated land must recognise and provide for specific cultural issues,

including:

(a) The location of contaminated sites;

(b) The nature of the contamination;

(c) The potential for leaching and run-off;

(d) Proposed land use changes; and

(e) Proposed remediation or mitigation work.

Analysis:

While land used for a managed fill is considered to be a HAIL site, and therefore ‘potentially

contaminated’, it will not be contaminated land, as defined in the RMA. The managed fill will be

operated to ensure that any hazardous substances that are present in the fill material are not at

concentrations that would have significant adverse effects on human health or the environment. All

material will be buried beneath clean fill and top soil, and the land retuned to its current use.

P13.2 To assess mining and quarrying proposals with reference to:

(a) Location of the activity

• What is the general sensitivity of the site to the proposed activity?

• How well does the proposed activity ‘fit’ with the existing landscape?

• Is there significant indigenous biodiversity on the site, including remnant native bush?

• What waterways, wetlands or waipuna exist on the site?

• Are there sites of significance on or near the site?

• What is the risk of accidental discoveries?

• What is the wider cultural landscape context within which the site is located?

(b) Type of mining/quarrying

• What resource is being extracted, what will it be used for, and is it sustainable?

(c) Avoiding and mitigating adverse effects

• What provisions are in place to address sediment and erosion control?

• What provisions are in place for stormwater management?

• What provisions are in place for waterway protection?


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• How will the site be restored once closed?

P13.3 To require all applications for mining and quarrying activities to include:

(a) Quarry management plans for earthworks, erosion and sediment control, waterway protection,

on site stormwater treatment and disposal and provisions for visual screening/ barriers that include

indigenous vegetation; and

(b) Site rehabilitation plans that include restoration of the site using indigenous species.

Analysis:

The process to develop the proposal for the quarry and managed fill has considered or sought advice

on these matters that are relevant to the property. The excavation of gravel for construction

purposes, and the refilling of the land with material that can be safely disposed of without significant

adverse effects on the environment is a sustainable use of the resources. The quarry and managed

fill will have very little impact on the landscape, and any effect will be temporary as the site will be

fully restored to existing form and use as pastoral farm land. There will be no run-off from the site or

erosion, and there are no waterways on or near the site.

Wāhi tapu me wāhi taonga

CL3.8 To require, where a proposal is assessed by tāngata whenua as having the potential to affect

wāhi tapu or wāhi taonga, one or more of the following:

(a) Low risk to sites:

(i) Accidental discovery protocol (ADP) - See Appendix 3.

(b) High risk to sites:

(i) Cultural Impact Assessment (CIA);

(ii) Site visit;

(iii) Archaeological assessment, by a person nominated by the Papatipu Rūnanga;

(iv) Cultural monitoring to oversee excavation activity, record sites or information that may be

revealed, and direct tikanga for handling cultural materials;

(v) Inductions for contractors undertaking earthworks;

(vi) Accidental discovery protocol agreements (ADP); and/or

(vii) Archaeological Authority from the New Zealand Historic Places Trust.

Analysis:

While the site is not identified as being a site of significance to Ngai Tahu, or the actvrties bieing

likely to affect wāhi tapu or wāhi taonga, Frews Contracting has consulted with Kaitiaki through

Mahaanui Kurataiao, and has sought advice on the need for a Cultural Impact Assessment (CIA). The

conditions of land use consents granted to excavate the land are expected to include an accidental

discovery protocol (ADP)..


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6. Canterbury Regional Policy Statement The provisions of the Regional Policy Statement that relate to the proposed quarry and managed fill are contained in the following chapters;

• Chapter 5 Land-Use and Infrastructure

• Chapter 6 Recovery and Rebuilding of Greater Christchurch

• Chapter 7 Fresh Water

• Chapter 9 Ecosystems and Indigenous Biodiversity

• Chapter 14 Air Quality

• Chapter 17 Contaminated Land

• Chapter 18 Hazardous Substances

• Chapter 19 Waste Management Chapter 5 Land-Use and Infrastructure The focus of Chapter 5 is on development which results in changes to urban and rural areas, together with the infrastructure and services that support development, including regionally significant infrastructure. The development, expansion and maintenance of this infrastructure, is to be managed to ensure the way in which it changes the environment is appropriate. The RPS identifies that, without limiting the generality of infrastructure, in the Canterbury region it includes:

• Electricity generation, transmission and distribution

• Main highways and roads

• Infrastructure for the irrigation of crops and pasture

• Supply of potable water for communities

• Sewerage reticulation, treatment and disposal

• Stormwater drainage reticulation An obvious addition to this list would be is solid waste disposal infrastructure, including regional landfill, cleanfills and managed fills. The RPS defines Rural activities to include quarrying and associated activities. Waste disposal sites are defined as sites where solid or hazardous waste is discharged into or onto land and include municipal and other community landfills, backfilling of quarries and farm disposal sites. RPS Chapter 6 Recovery and Rebuilding of Greater Christchurch identifies the Greater Christchurch area and provides a resource management framework for the recovery of Greater Christchurch, to enable and support earthquake recovery and rebuilding, including restoration and enhancement, for the area through to 2028. The location of the proposed quarry and managed fill is within the Greater Christchurch Area, as shown on the figure below.


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Chapter 7 Water Quality RPS Objectives for fresh water quality seek to ensure that fresh water is sustainably managed in an integrated way within a catchment, and considering the interconnectivity of surface water and groundwater, the effects of land uses on water quality and kaitiakitanga. The overall objective is that the quality of freshwater is maintained or improved, and the life supporting capacity, ecosystem processes and indigenous species and their associated fresh water ecosystems are safeguarded. RPS Policies for fresh water quality require the establishment and implementation of minimum water quality standards for surface water and groundwater resources which are appropriate for each water body considering the values and uses of the water body, and that to manage activities so that water quality is maintained at or above the minimum standard for the water body.

Analysis:

The provisions of LWRP give effect to the RPS objectives and policies for fresh water quality. The proposal will be in accord with outcomes expressed in the RPS Chapter 7.

Chapter 9 Ecosystems and Indigenous Biodiversity RPS Chapter 9 addresses issues relating to indigenous ecosystems and indigenous biodiversity. Ongoing habitat loss and modification as a result of land-use and development remain the principal threats to ecosystems and indigenous biodiversity in Canterbury. The Canterbury mudfish/kowaro is endemic to the region and is present in habitat associated with Derretts River, the closet down-gradient surface water from the site. LWRP PC7 identifies Derretts River as indigenous species habitat and introduces policy to protect the habitat.


19

Analysis: The proposal will not impact on the habitat of the Canterbury mudfish/kowaro. Canterbury Regional Council Surface Water Scientists confirm that the very low level of effect on groundwater quality from the proposed managed fill will not impact on surface water quality

Chapter 14 Air Quality The RPS Objective for discharge of contaminants to air that may affect local air quality, such as dust from a quarry, is to enable the discharge provided there are no significant localised adverse effects, particularly on sensitive land-uses, such as dwellings and public areas. This is achieved through resource consent conditions that will avoid, remedy or mitigate those effects.

Analysis: The proposal has identified sensitive land uses adjacent to the site and will implement measures to avoid or mitigate any significant adverse effects.

Chapter 17 Contaminants in land The RPS Objective is that people and the environment are protected from both on-site and off-site adverse effects of contaminated land. Where land has been identified as being contaminated, contaminants should only be allowed to remain in the ground if discharges of contaminants beyond the site to air, water or land will not result in significant risk to human health or the environment.

Analysis: The presence of contaminated material in the managed fill will to result in significant risk to human health or the environment.

Chapter 18 Hazardous Substances The responsibility for specifying the objectives, policies, and methods for the control of the use of land to prevent or mitigate the adverse effects of the transportation or disposal of hazardous substances at the proposed managed fill is shared between Canterbury Regional Council and Selwyn District Council. Canterbury Regional Council has responsibility in respect of transport or disposal of hazardous substances on the quality of air and water, while Selwyn District Council has responsibility in respect of transport or disposal of hazardous substances on the remainder of the environment. The policies of the RPS in respect of transport or disposal of hazardous substances are to protect areas or activities sensitive to contamination, including community drinking water supplies, shallow aquifers and sites of significance to Ngai Tahu, and to avoid, remedy or mitigate adverse effects on the environment.

Analysis: The proposal to dispose of material containing low concentrations of hazardous substances in the managed fill is predicated on protecting ground and surface water quality , and avoiding adverse effects on the environment by controlling the materials that are accepted at the managed fill and the management of the site and operations.


20

Chapter 19 Waste Management The Objective of Chapter 19 is to ensure that adverse effects on the environment from residual waste and how waste is managed are avoided, remedied or mitigated.

Analysis: The proposed managed fill will provide for the disposal of a range of wastes that will not result in adverse effects on the environment due to the location, design and management of the facility.


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7. Canterbury Land and Water Regional Plan (including PC7)

Rules, consents required, consent status Summary:

Activity LWRP Land Use Rules

Rule Applies? Rule conditions complied with?

Activity consent status

Excavation of material (aggregate)

5.175 Permitted Yes

• over unconfined aquifer:

• If volume >100 m3/yr, >1m undisturbed material over seasonal high water table highest groundwater level [PC7],

• >50m from a surface water body

Yes

• 3m undisturbed material over seasonal high water table highest groundwater level [PC7], [11m bgl] excavation [8m bgl]

• >50m from a surface water body

Permitted

Deposition of material into land (managed fill, including cleanfill)

5.178 Restricted Discretionary

• Deposition into land over unconfined aquifer excavated >5m below surface, and seasonal high water table highest groundwater level [PC7] <5m below deepest excavation point

Yes

• seasonal high water table highest groundwater level [PC7] [11m bgl] is <5m below deepest point in excavation [8m bgl]

• >50m3 per year of ‘material’

• Allows material other than cleanfill

No conditions.

Restricted Discretionary

Activity LWRP Discharge Rules

Rule Conditions Compliance with Rule?

Activity consent status

Discharge hazardous waste (managed fill, excluding cleanfill)

5.89 Discretionary

Prohibited in CDWSPZ or Chch GPZ

Yes

• site not in CDWSPZ or Chch GPZ

Discretionary

Discharge (passive) from contaminated land -

5.187 Permitted Investigation report demonstrates that water quality meets:

Yes

• MFWAC developed to achieve these limits,

Permitted


22

• Table 11(m) limits for groundwater at property boundary or existing well;

• Schedule 5 limits in emerging surface water to protect 90% of species.

demonstrated by contaminant transport modelling

Discharge onto or into land of liquid waste from I/T process: (truck bin & wheel washdown water)

11.5.28 Discretionary Selwyn Te Waihora

11.5.28 (3) – use BPO for treatment and discharge

Yes, complies with 11.5.28 - uses BPO

Discretionary

Taking and use of groundwater for dust control and truck bin and wheel wash

5.114 Permitted Complies – bore >20m from boundary

Yes PA

Resource consents required under LWRP rules 1) Land use consent

The use of land for the deposition of material into land –Rule 5.178 Restricted discretionary activity

2) Discharge Permit The discharge of contaminants into land where they may enter water, from:

(i) Solid waste that contains hazardous substances - Rule 5.89 Discretionary (ii) Washdown water – Rule 11.5.28 Discretionary

LWRP Rules applying to the proposed activity (including proposed PC7 amendments) 5.2 Any rule on the same subject matter in the relevant sub-region zones in Section 6 to 15 of this

Plan prevails over the relevant rule of Section 5 , except: a. where Rule 5.5 applies; or b. where explicitly stated to the contrary in any other applicable rule in this Plan.

Analysis: See below: Rule 11.5.28 prevails over Regional Rule 5.92.

Solid waste or hazardous waste to land 5.89 The discharge of municipal solid waste or hazardous waste into or onto land, or into or onto

land in circumstances where a contaminant may enter water and is not categorised as a prohibited activity is a discretionary activity.

javascript:void(0)

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23

Analysis:

The discharge of managed full material is not prohibited in the proposed location.

Small Water Takes Note: Regional Rules … 5.114… apply in the Selwyn Te Waihora sub-region. 5.114 The taking and using of less than 5 L/s and more than 10 m3 but less than 100 m3 per property

per day of groundwater on a property more than 20ha in area is a permitted activity, provided the following conditions are complied with: 1. The bore is located more than 20 m from the property boundary or any surface waterbody.

Analysis:

Water for dust suppression and the truck wheel and bin wash may be taken as a permitted activity from a well on the property at not more than 4.99 L/s and 99.9 m3 per day. The well will be located more than 20 metres from the property boundary, and there is no surface waterbody on the property.

Excavation over aquifers 5.175 The use of land to excavate material is a permitted activity, provided the following conditions

are met: 1. …Over the Coastal Confined Gravel Aquifer System, as shown on the Planning Maps:

(a) there is more than 1 m of undisturbed material between the deepest part of the excavation and Aquifer 1; and

(b) if more than 100 m3 of material is excavated, the excavation does not occur within 50 m of any surface waterbody; or

2. Over an unconfined or semi-confined aquifer: (a) the volume of material excavated is less than 100 m3; or (b) the volume of material excavated is more than 100 m and:

(i) there is more than 1 m of undisturbed material between the deepest part of the excavation and the seasonal high water table highest groundwater level; and

(ii) the excavation does not occur within 50 m of any surface waterbody.

Analysis:

The excavation of aggregate in the quarry complies with condition 2(b) as a permitted activity. The quarry is located over an unconfined or semi-confined aquifer, but the depth of excavation is at least 3 metres above the highest groundwater level, and there is no surface water body on, or within 50m of the site.

5.177 The use of land for the deposition of more than 50 m3 of material in any consecutive 12 month period onto land which is excavated to a depth in excess of 5 m below the natural land surface and is located over an unconfined or semi-confined aquifer, where the seasonal high water table highest groundwater level is less than 5 m below the deepest point in the excavation, and the associated discharge of contaminants onto or into land where it may enter water, is a controlled activity, provided the following conditions are met:

1. The material is only cleanfill; and 2. The volume of vegetative matter in any cubic metre of material deposited does not exceed

3%; and


24

3. The material is not deposited into groundwater placed in the land at least 1 m above the highest groundwater level at the site; and

4. Any cured asphalt deposited is placed in the land at least 1 m above the highest groundwater level expected at the siteThe material is not concrete slurry, coal tar or hydro-excavated waste; and

5. The material is not deposited onto or into land that is listed as an archaeological site; and 6. A management plan has been prepared in accordance with Section 8.1 and Appendix B of “A

Guide to the Management of Cleanfills”, Ministry for the Environment, January 2002; and 7. A site rehabilitation plan has been prepared for the site and is submitted with the

application for resource consent. The CRC reserves control over the following matters:

1. The potential for adverse effects on the quality of water in aquifers, rivers, lakes, wetlands and mitigation measures; and

2. The content and adequacy of the management plan prepared in accordance with Section 8.1 and Appendix B of “A Guide to the Management of Cleanfills”, Ministry for the Environment, January 2002; and

3. The content and adequacy of the site rehabilitation plan to address any adverse effects after the deposition of material is completed.

Analysis:

The proposal is to deposit material that does not meet the definition of cleanfill, so Rule 5.177 condition 1 is not complied with, and Rule 5.178 applies.

5.178 The use of land for the deposition of more than 50 m3 of material in any consecutive 12

month period onto land which is excavated to a depth in excess of 5 m below the natural land surface and is located over an unconfined or semi-confined aquifer, where the seasonal high water table highest groundwater level is less than 5 m below the deepest point in the excavation, and the associated discharge of contaminants onto or into land where it may enter water, that does not comply with the conditions of Rule 5.177 is a restricted discretionary activity.

The CRC will restrict its discretion to the following matters:

1. The potential for adverse effects on the quality of water in aquifers, rivers, lakes, wetlands and mitigation measures; and

2. The proportion of any material other than cleanfill and its potential to cause contamination; and

3. The content and adequacy of the management plan prepared in accordance with Section 8.1 and Appendix B of “A Guide to the Management of Cleanfills”, Ministry for the Environment, January 2002.; and

4. Methods for reinstatement of the site following completion of the activity 5. The content and adequacy of the site rehabilitation plan if submitted with the application for

resource consent; and 6. Any adverse effects on Ngāi Tahu values or on sites of significance to Ngāi Tahu, including

wāhi tapu and wāhi taonga.


25

Analysis:

The use of the quarry, excavated to 8m below ground, where the highest groundwater level is 11m

below ground level, for the deposition of up to 50,000 m3 per year of managed fill complies with

Rule 5.178, and is a restricted discretionary activity.

The matters for discretion listed with the rule are addressed in the AEE documents that address the

potential for adverse effects on water quality, and in the Site Management Plan that addresses the

controls on the materials allowed to be deposited, the measures to manage the deposition and the

restoration of the site. The potential effects on Ngāi Tahu values and sites of significance has been

explored with runanga through Mahaanui Kurataiao Ltd. This is reported on in the Consultation

Section 11 of this Report.

Discharge from contaminated land to land or water 5.187 The passive discharge of contaminants from contaminated land onto or into land in

circumstances where those contaminants may enter water is a permitted activity, provided the following conditions are met: 1. There has been a site investigation report provided to the CRC in accordance with Rule

5.185; and 2. Either the site investigation report or water quality sampling demonstrates that the

discharge does not result in the concentration of contaminants in groundwater: (a) at the property boundary; (b) at any existing groundwater bore (excluding any monitoring bore located on the property); (c) within a Community Drinking-water Protection Zone; exceeding the limits applicable to groundwater set out in Schedule 8 [11.7.3 Selwyn Te Waihora Table 11(m)]; and

4. Either the site investigation report or water quality sampling demonstrates that the discharge does not result in the concentration of contaminants in groundwater at any point where groundwater exits to surface water, exceeding the receiving water quality standards in Schedule 5 for 90% of species; and

3. At any point where the groundwater exits to surface water the discharge does not produce any: (a) conspicuous oil or grease films, scums or foams, or floatable or suspended materials; or (b) conspicuous change in the colour or visual clarity.

11.7.3 Water Quality Limits and Targets The water quality limits in Table 11(m) prevail over the region wide limits in Schedule 8.

Table 11(m): Limits for Groundwater

Contaminant Measurement Target

Nitrate-N 5-year annual average concentration(1) 8.5 mg/L

E.coli Median concentration(2) < 1 organism/100 millilitres

Other contaminants(3) Any sample < 50% MAV(4)


26

(1) In shallow groundwater < 50 metres below groundwater level.

(2) Measured over the length of the record.

(3) Other contaminants of health significance as described in NZ Drinking Water Standards.

(4) Maximum Acceptable Value (as described in (3) above).

Schedule 5 Mixing Zones and Receiving Water Standards

Table S5A Water quality class

DOC* Temperature pH Visual

clarity

Colour DIN* DRP* E. coli* Toxicants

Change

shall be

less than

(mg/l)

Average

change shall

not exceed

(°C)

Shall be

between

(no units)

%

change

shall

not

exceed

% change

shall not

exceed

(Munsell

units)

Shall be

less

than

(mg/l)

Shall be

less

than

(mg/l)

95% of

samples

shall be

less than

(E. coli*per

100 ml)

Shall not exceed the

concentration specified in

Table S5B for the relevant

level of protection (see

note below)

Spring-fed -

plains

2.0 2.0 6.5 –

8.5

35 10 1.50 0.016 550 95%

Note: Table S5B is on Page 40

Analysis:

The use of land for waste disposal is identified as a hazardous industry and activity (HAIL) in LWRP Schedule 3. As a HAIL site, the land will be registered on the Listed Land Use Register as potentially contaminated land. This does not necessarily mean the site is ‘contaminated land’ as the definition of contaminated land requires the presence of hazardous substances to have, or likely have, a ‘significant adverse effect on the environment’. The managed fill proposal has been developed to ensure that any adverse effects on the environment are NOT significant, and therefore the land is not ‘contaminated’. Rule 5.187 applies to ‘contaminated land’. Should the managed fill site be classified as ‘contaminated land’, then the discharge of contaminants into groundwater will comply as a permitted activity because the water quality limits set in 5.187 for groundwater (condition 2 – Table 11(m)) and groundwater emerging to surface water (condition 3 – Schedule 5 and condition 4 – RMA s70) will be achieved. The limit in Table 11(m) for contaminants in the managed fill is <50% MAV (Maximum Acceptable Value, NZ Drinking Water Standards), and this will be achieved at the property boundary- condition 2(a). The closest point that groundwater flowing beneath the managed fill can emerge as surface water is Derrents River. The water quality limits set in the design parameters for the managed fill for groundwater emerging at Derrents River is to comply with Schedule 5 for 95% of species.

LWRP Chapter 11 - Selwyn Te Waihora Sub-Region Liquid waste to land Note: Rule 11.5.28 prevails over Regional Rule 5.92. 11.5.28 Despite Rules 11.5.6 to 11.5.17, within the Selwyn Te Waihora sub-region the discharge of

any wastewater, liquid waste or sludge waste from an industrial or trade process, including livestock processing, excluding sewage, into or onto land, or into or onto land in


27

circumstances where a contaminant may enter water is a discretionary activity where the following conditions are met:

1. The discharge, in combination with all lawfully established existing discharges, does not exceed the nitrogen load limit in Table 11(i) for industrial or trade processes; or

2. The nitrogen loss from the discharge, in combination with any other activity, including farming, occurring on the land, is less than any authorised nitrogen loss from the activity that is being replaced; and

3. For all discharges, the best practicable option is used for the treatment and discharge.

Analysis:

The discharge of the water used to wash the bins of trucks to enable trucks bringing managed fill material to back-load clean aggregate, and to wash the wheels of trucks to prevent contaminants in the managed fill from being tracked into clean aggregate areas of the site, or off the site, is subject to Rule 11.5.28. The discharge from the truck wash will not contain any nitrogen so Conditions 1 and 2 are not relevant, so therefore complied with. The wash water will be discharged onto the managed fill material as this is the best practicable option to contain contaminants in the appropriate sector of the quarry and managed fill.

LWRP Section 3 Objectives The LWRP objectives that are most relevant to the proposed managed fill are: 3.8 The quality and quantity of water in fresh water bodies and their catchments is managed to safeguard the life-supporting capacity of ecosystems and ecosystem processes, including ensuring sufficient flow and quality of water to support the habitat and feeding, breeding, migratory and other behavioural requirements of indigenous species, nesting birds and, where appropriate, trout and salmon. 3.13 Groundwater resources remain a sustainable source of high quality water which is available for abstraction while supporting base flows or levels in surface water bodies, springs and wetlands and avoiding salt-water intrusion. 3.16 Freshwater bodies and their catchments are maintained in a healthy state, including through hydrological and geomorphic processes such as flushing and opening hāpua and river mouths, flushing algal and weed growth, and transporting sediment. 3.17 The significant indigenous biodiversity values of rivers, wetlands and hāpua are protected. 3.24 All activities operate at good environmental practice or better to optimise efficient resource use and protect the region’s fresh water resources from quality and quantity degradation.

Analysis:

The LWRP objectives will be given effect to by the proposed quarry and managed fill, including safe-guarding water quality and the ecosystems that depend on the water quality. The proposal adopts best environmental practice to ensure that freshwater resources will not be degraded.


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LWRP Section 4 Policies The Plan contains Policies in Section 4 and in Section 11 Selwyn Waihora. The Plan directs that where these policies are on the same subject matter, the Section 11 Policy will take precedence, except in relation to Policies 4.2 to 4.9. in respect of Policy 4.1, Section 11 specifies catchment specific outcomes that take precedence over the region-wide outcomes in Table 1.

Strategic Policies 4.1 Lakes, rivers, wetlands and aquifers will meet the fresh water outcomes set in Section [11] within the specified timeframes… 4.2 The management of lakes, rivers, wetlands and aquifers will take account of the fresh water outcomes, water quantity limits and the individual and cumulative effects of land uses, discharges and abstractions will meet the water quality limits set in Section [11] or Schedule 8 … 4.4 Groundwater is managed so that: …

(e) overall water quality in aquifers does not decline; and … 4.5 Water is managed through the setting of limits to safeguard the life-supporting capacity of ecosystems, support customary uses, and provide for community drinking-water supplies and stock water, as a first priority… 4.7 Resource consents for new or existing activities will not be granted if the granting would cause a water quality or quantity limit set in Section [11] to be breached…. 4.8A [From NPS-FM 2014] 1. When considering any application for a discharge the consent authority must have regard to the following matters: (a) the extent to which the discharge would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water including on any ecosystem associated with fresh water and (b) the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water, and on any ecosystem associated with fresh water, resulting from the discharge would be avoided. 2. When considering any application for a discharge the consent authority must have regard to the following matters: (a) the extent to which the discharge would avoid contamination that will have an adverse effect on the health of people and communities as affected by their contact with freshwater; and (b) the extent to which it is feasible and dependable that any more than minor adverse effect on the health of people and communities as affected by their contact with fresh water resulting from the discharge would be avoided. 3. This policy applies to the following discharges (including a diffuse discharge by any person or animal):


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(a) a new discharge or (b) a change or increase in any discharge – of any contaminant into fresh water, or onto or into land in circumstances that may result in that contaminant (or, as a result of any natural process from the discharge of that contaminant, any other contaminant) entering fresh water. 4.8B [From NPS-FM 2014] 1. When considering any application the consent authority must have regard to the following matters: (a) the extent to which the change would adversely affect safeguarding the life-supporting capacity of fresh water and of any associated ecosystem and (b) the extent to which it is feasible and dependable that any adverse effect on the life-supporting capacity of fresh water and of any associated ecosystem resulting from the change would be avoided. 2. This policy applies to: (a) any new activity and (b) any change in the character, intensity or scale of any established activity – that involves any taking, using, damming or diverting of fresh water or draining of any wetland which is likely to result in any more than minor adverse change in the natural variability of flows or level of any fresh water, compared to that which immediately preceded the commencement of the new activity or the change in the established activity (or in the case of a change in an intermittent or seasonal activity, compared to that on the last occasion on which the activity was carried out).

Analysis:

The strategic policies of LWRP require that the freshwater outcomes set in the relevant sub-regional section of LWRP are to be achieved, through the setting of limits and consideration of individual and cumulative effects of land uses and discharges. The policies included under directive from the NPS-FM 2014, provide a framework for considering applications for discharges. The applications for new land use consents and discharge permits for the quarry and managed fill will be in accord with these policies. The design, operation and management of the quarry and managed fill has been undertaken with the expressed outcome to be meeting the limits set in Section 11 of the LWRP, which will also give effect to the NPS-FM policies.

Activity and Resource Policies Discharges of Contaminants to land or water 4.13 For other discharges of contaminants into or onto land where it may enter water or to surface water bodies or groundwater (excluding those passive discharges to which Policy 4.26 applies), the effects of any discharge are minimised by the use of measures that:

(a) first, avoid the production of the contaminant; (b) secondly, reuse, recovers or recycles the contaminant; (c) thirdly, minimise the volume or amount of the discharge; or (d) finally, wherever practical utilise land-based treatment, a wetland constructed to treat contaminants or a designed treatment system prior to discharge; and (e) in the case of surface water, results in a discharge that after reasonable mixing meets the receiving water standards in Schedule 5 or does not result in any further degradation in water quality in any receiving surface waterbody that does not meet the water quality standards in Schedule 5 or any applicable water conservation order.


30

4.14 Any discharge of a contaminant into or onto land where it may enter groundwater (excluding those passive discharges to which Policy 4.26 applies): (a) will not exceed the natural capacity of the soil to treat or remove the contaminant; and (b) will not exceed available water storage capacity of the soil; and (c) where meeting (a) and (b) is not practicable, the discharge will:

(i) meet any nutrient limits in Schedule 8 or Section [11] of this Plan; and (ii) utilise the best practicable option to ensure the size of any contaminant plume is as small as is reasonably practicable; and (iia) ensure there is sufficient distance between the point of discharge, any other discharge and drinking-water supplies to allow for the natural decay or attenuation of pathogenic micro-organisms in the contaminant plume; and (iii) not result in the accumulation of pathogens, or a persistent or toxic contaminant that would render the land unsuitable for agriculture, commercial, domestic, cultural or recreational use or water unsuitable as a source of potable water or for agriculture; and (iv) not raise groundwater levels so that land drainage is impeded.

Analysis:

These policies set a framework for minimising contaminants discharged, ensuring the limits set in the LWRP are met, and that the discharge would not compromise the use of water. The design, operation and management of the quarry and managed fill has been undertaken with the expressed outcome to be meeting the limits set in Section 11 of the LWRP, and ensuring that the potential extent of any adverse effect on groundwater or surface water will be minimised and will not compromise the use of groundwater for potable supply or agricultural use.

4.14B Have regard to Ngāi Tahu values, and in particular those expressed within an iwi management plan, when considering applications for discharges which may adversely affect statutory acknowledgement areas, nohoanga sites, surface waterbodies, silent file areas, culturally significant sites, Heritage New Zealand sites, any listed archaeological sites, and cultural landscapes, identified in this Plan, any relevant district plan, or in any iwi management plan.

Analysis:

Iwi Management Plans that apply to the Selwyn - Te Waihora Subregion are: (i) Mahaanui Iwi Management Plan 2013 (ii) Te Waihora Joint Management Plan (Mahere Tukutahi o Te Waihora) 2005 (iii)Te Rūnanga o Ngāi Tahu Freshwater Policy Statement 1999. These plans express the values of Ngai Tahu for the land, air and water resources in the Selwyn - Te Waihora subregion, and plan provides a values-based policy framework for the protection and enhancement of Ngāi Tahu values in the Selwyn -Te Waihora. Mahaanui Iwi Management Plan 2013 (IMP) provides a comprehensive policy framework for the activities proposed for the quarry and managed fill. An evaluation of the proposal in the framework of the IMP is provided in Section 5 of this report.


31

Earthworks, land excavation and deposition of material into land over aquifers 4.19 The discharge of contaminants to groundwater from earthworks, excavation, waste collection or disposal sites and contaminated land is avoided or minimised by ensuring that:

(a) activities are sited, designed and managed to avoid the contamination of groundwater; (b) existing or closed landfills and contaminated land are managed and monitored where appropriate to minimise any contamination of groundwater; and (c) there is sufficient thickness of undisturbed sediment in the confining layer over the Coastal Confined Aquifer System to prevent the entry of contaminants into the aquifer or an upward hydraulic gradient is present which would prevent aquifer contamination.

Hazardous Substances & hazardous activities 4.26 Any discharges of hazardous substances from contaminated land, including existing and closed landfills, are managed to ensure that adverse effects beyond the site boundary on people’s health or safety, on human or stock water supplies, or on surface water are avoided. 4.27 Landfills and other waste collection or disposal sites are designed and sited to avoid the contamination of groundwater or surface water either through the direct discharge of hazardous substances to water or the leaching of contaminants into or onto land where they may enter water.

Analysis:

The location, design and operation of the managed fill has been selected to ensure that contamination of groundwater will be avoided. The groundwater up and down gradient of the managed fill will be monitored to ensure contamination is minimised. While the managed fill should not be classified as ‘contaminated land’ (as defined in the RMA), the managed fill may contain hazardous substances, asbestos, heavy metals and hydrocarbons at concentrations that will not cause adverse effects beyond the site boundary on health and safety or compromise uses of water or affect surface water quality.

Gravel Extraction 4.93 Recognise the value of gravel extraction for construction and maintenance of infrastructure, for economic activity, for flood management purposes and for the re-build of Christchurch. 4.94 Enable the extraction of gravel from land, provided adverse effects on groundwater quality are minimised and remediation is undertaken to minimise any ongoing risk of groundwater contamination.

Analysis:

The aggregate excavated form the quarry will be used for construction and maintenance of infrastructure in the Greater Christchurch area, including in the re-build of the city. The design, operation and management of the quarry, including restoration of the land and monitoring of groundwater will be undertaken to minimise the on-going risk to groundwater.


32

PC7 Habitat of Indigenous Freshwater Species 4.101 Avoid the damage or loss of Indigenous Freshwater Species Habitat caused by sediment discharges, vegetation clearance, excavation and deposition of material, or other disturbance in a surface water body, unless:

(a) the effects of habitat damage will be remedied or mitigated; or (b) the habitat loss will be offset by the creation of new habitat in the same surface water

catchment and with the same or improved habitat characteristics. 4.102 Structures enable the safe passage of indigenous fish, while avoiding as far as practicable, the passage of any invasive, pest or nuisance fish species by:

a. the appropriate design, construction, installation and maintenance of new in-stream structures; and

b. the modification, reconstruction or removed of existing in-stream structures.

Analysis: While the area of Derretts River down-gradient of the proposed managed fill has been identified in LWRP as habitat of indigenous freshwater species, there are no activities associated with the quarry or managed fill that will impact on this area.


33

LWRP PC7 – Indigenous Freshwater Species Habitat identified down-gradient of the proposed Managed Fill


34

Section 11 Selwyn Te Waihora - Policies

11.4 Policies The following policies apply in the Selwyn Te Waihora sub-region in addition to those set out in Section 4 of LWRP. 11.4.1 Manage water abstraction and discharges of contaminants within the entire Selwyn Te Waihora sub-region to avoid, remedy or mitigate adverse cumulative effects on the water quality of Te Waihora/Lake Ellesmere, rivers and shallow groundwater; and the flow of water in springs and tributaries flowing into Te Waihora/Lake Ellesmere and achieve, in combination with non-regulatory actions, the freshwater objectives and outcomes for the sub-region. 11.4.2 In recognition of the importance of the entire catchment to Ngāi Tahu, actively manage the Selwyn Te Waihora sub-region to enable Ngāi Tahu to exercise kaitiakitanga in the management of fresh water.

11.6 Fresh Water Outcomes The following table sets out the freshwater outcomes to be achieved in the Hororata River in Selwyn Te Waihora sub-region. From Table 11(a): Freshwater Outcomes for Selwyn Te Waihora Sub-region Rivers

Management Unit

(see Planning Maps)

River Ecological health indicators Macrophyte indicators Periphyton Indicators Siltation indicator

(11)

Micro-biological indicator

Cultural indicator

(10)

QMCI [min score]

Dissolved oxygen [min saturation] (%)

Temperature Emergent macrophytes [max cover of bed] (%)

Total macrophytes [max cover of bed] (%)

Chlorophyll a [biomass] (mg/m3)

Filamentous algae >20mm [max cover of bed] (%)

Cyano-bacteria mat cover (%)

Fine sediment <2 mm diameter [max cover of bed] (%)

Suitability for contact recreation [SFRG]

Spring-fed -plainsg-fed

Hororata

>5(5)

70

20

30

50

No values set

<30(7) <20(8)

50

20

Not suitable

Freshwater mahinga kai specie (sic) are sufficiently abundant for customary gathering, water quality is suitable for their safe harvesting, and they are safe to eat.

Notes relating to applicability of these outcomes to Hororata River

No values set for Hororata River

Hororata River does not pass through the Cultural Landscape/Values Manage-ment Area in Table 11(n)

Key:


35

QMCI = Quantitative macro invertebrate community index SFRG = Suitability for Recreation Grade from Microbiological Water Quality Guidelines for Marine and Freshwater Recreational Areas 2003 (5) 80 percent of samples over a 5 year period (7) Over a 5 year period: 95 percent of samples for Boggy Creek and the Selwyn River/Waikirikiri at Coes Ford; 90 percent of samples for Doyleston Drain; and 80 percent of samples for Waikekewai Creek and Irwell River (8) Halswell River/Huritini, Harts Creek and Hanmer Road Drain (10) Outcomes relate to the part of any river that passes through the Cultural Landscape/Values Management Area in Table 11(n) (11) Siltation indicator: Excludes farm drains, naturally soft-bottomed streams and natural deposition areas at river mouth

Analysis:

The proposed quarry and managed fill has been located, designed and will be operated and monitored to avoid adverse effects on the quality of groundwater and surface water, and will not compromise the achievement of the freshwater outcomes and objectives for the Selwyn-Te Waihora sub-region. Frews Contracting recognise the importance of the Selwyn-Te Waihora catchment to Ngāi Tahu, and have actively consulted with the Kaitiaki on this proposal.


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LWRP Schedules relevant to the proposed quarry and managed fill

Schedule 3 Hazardous Industries and Activities …

G. Cemeteries and waste recycling, treatment and disposal 1. Cemeteries 2. Drum or tank reconditioning or recycling 3. Landfill sites 4. Scrap yards including automotive dismantling, wrecking or scrap metal yards 5. Waste disposal to land (excluding where biosolids have been used as soil conditioners) 6. Waste recycling or waste or wastewater treatment

…


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Schedule 5 Table S5B

LEVEL OF PROTECTION (% species)

99% 95% 90%

Narrative Standards

Adverse effects on aquatic organisms are less than negligible.

Adverse effects on aquatic organisms are less than minor.

Adverse effects on aquatic organisms are minor.

CHEMICAL Numerical standards

(µg/l) (µg/l) (µg/l)

METALS AND METALLOIDS

Aluminium 27 55 80

Arsenic (As III) 1 24 94

Arsenic (AsV) 0.8 13 42

Boron 90 370 680

Cadmium 0.06 0.2 0.4

Chromium (CrVI) 0.01 1.0 6

Copper 1.0 1.4 1.8

Lead 1.0 3.4 5.6

Manganese 1200 1900 2500

Mercury (Inorganic) 0.06 0.06 1.9

Nickel 8 11 13

Selenium (Total) 5 11 18

Silver 0.02 0.05 0.1

Zinc 2.4 8.0 15

NON-METALLIC INORGANICS

Ammonia (Total N) 320 For values see Table 5C

Chlorine (Total Cl) 0.4 3 6

Cyanide (Unionised, as CN) 4 7 11

Hydrogen sulphide (Un-ionised as S) 0.5 1.0 1.5

AROMATIC HYDROCARBONS

Benzene 600 950 1300

o-xylene 200 350 470

p-xylene 140 200 250


38



CHLOROETHANES

1,1,2-trichloroethane 5400 6500

Hexachloroethane 290 290

ANILINES

Aniline 8 8

2,4-dichloroaniline 0.6 7

3,4-dichloroaniline 1.3 3

Polycyclic Aromatic Hydrocarbons

Naphthalene 2.5 16 37

Nitrobenzenes

Nitrobenzene 230 550

Nitrotoluenes

2,4-dinitrotoluene 16 16

2,4,6-trinitrotoluene 100 140

Chlorobenzenes

1,2-dichlorobenzene 120 160



1,2,3-trichlorobenzene 3 10

1,2,4-trichlorobenzene 85 85

Phenols

Phenol 85 320

2-chlorophenol 340 340

4-chlorophenol 160 220

2,4-dichlorophenol 120 120

2,4,6-trichlorophenol 3 3

2,3,4,6- tetrachlorophenol 10 10

2,4-dinitrophenol 13 45

Phthalates

Dimethylphthalate 3000 3700


39



Diethylphthalate 900 1000

Dibutylphthalate 9.9 9.9

Miscellaneous industrial chemicals

Poly(acrylonitrile-co-butadiene-costyrene) 200 530

ORGANOPHOSPHORUS PESTICIDES

Azinphos methyl 0.01 0.02 0.05

Chloropyrifos 0.00004 0.00004 0.11

Diazinon 0.000003 0.01 0.2

Dimethoate 0.1 0.15 0.2

Fenitrothion 0.1 0.2 0.3

Malathion 0.002 0.05 0.2

Carbofuran 0.06 0.06 4

Methomyl 0.5 3.5 9.5

HERBICIDES AND FUNGICIDES

Diquat 0.01 1.4 10

2,4-D 140 280 450

Molinate 0.1 3.4 14

Thiobencarb 1 2.8 4.6

Thiram 0.01 0.2 0.8

Atrazine 0.7 13 45

Simazine 0.2 3.2 11

Tebuthiuron 0.02 2.2 20

Glyphosate 370 1200 2000

Trifluralin2.6 2.6 2.6 6

SURFACTANTS

Linear alkylbenzene sulfonates (LAS) 65 280 520

Alcohol ethoxyolated sulfate (AES) 340 650 850

Alcoholethoxylated surfactants (AE) 50 140 220


40

LWRP Definitions Relevant to the proposed quarry and managed fill:

Cleanfill means material that, when buried, will have no adverse effects on people or the environment. Cleanfill material includes virgin natural materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of: 1. combustible, putrescible, degradable or leachable components; 2. hazardous substances; 3. products or materials derived from hazardous waste treatment, hazardous waste stabilisation, or hazardous waste disposal practices; 4. materials that may present a risk to human or animal health, such as medical and veterinary waste, asbestos, or radioactive substances; or 5. liquid waste.

Contaminated land means land that has a hazardous substance in or on it that – (a) has significant adverse effects on the environment; or (b) is reasonably likely to have significant adverse effects on the environment

Hazardous activity or industry means an activity or industry that appears on the Hazardous Activity and Industry List (HAIL) 2004. The HAIL is published as Schedule A in the Contaminated Land Management Guidelines - Ministry for the Environment (2004) updated September 2007 and is set out in Schedule 3 to this Plan. Hazardous substance means hazardous substances as defined in Schedule 4 Part A of this Plan. [From Schedule 4 Part A] Hazardous substance means, unless expressly provided otherwise by regulations, any substance defined in the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 — (a) with one or more of the following intrinsic properties:

(i) explosiveness: (ii) flammability: (iii) a capacity to oxidise: (iv) corrosiveness: (v) toxicity (including chronic toxicity): (vi) ecotoxicity, with or without bioaccumulation; or

(b) which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of the properties specified in paragraph (a) of this definition; and (c) is environmentally persistent or will bio-accumulate to a level that has acute or chronic toxic effects on humans or other non-target species. Hazardous waste means waste that contains: 1. a hazardous substance; or 2. an infectious substance, or material known or reasonably expected to contain pathogens, including bacteria, viruses, rickettsia, parasites, fungi or recombinant micro-organisms (hybrid or mutant) that are known, or reasonably expected, to cause infectious disease in humans and animals that are exposed to them; or 3. radioactive material that meets the definition in Section 2 of the Radiation Protection Act 1965.

PC7 Indigenous Freshwater Species Habitat


41

means an area identified as ‘Indigenous Freshwater Species Habitat’ on the Planning Maps, and which provides habitat for at least one of the freshwater species listed below:

1. Giant kōkopu/Taiwharu (Galaxias argenteus) 2. Lowland longjaw galaxias (Waitaki) (Galaxias cobitinis) 3. Canterbury mudfish/Kōwaro (Neochanna burrowsius) 4. Bignose galaxias (Galaxias macronasus) 5. Upland longjaw galaxias (Galaxias prognathus) 6. Upland longjaw galaxias (Waitaki) (Galaxias prognathus) 7. Shortjaw kōkopu (Galaxias postvectis) 8. Northern flathead galaxias (Species N (undescribed)) 9. Lamprey/Kanakana (Geotria australis) 10. Freshwater crayfish/Kekewai (Paranephrops zealandicus) 11. Freshwater mussel/Kākahi (Echyridella menziesi)

Landfill means a site used for the deposition of solid and/or hazardous waste onto or into land.

Potentially contaminated means that part of a site where an activity or industry described in the list in Schedule 3 of this Plan has been or is being undertaken on it or where it is more likely than not that an activity or industry described in the list in Schedule 3 of this Plan is being or has been undertaken on it, but excludes any site where a detailed site investigation has been completed and reported and which demonstrates that any contaminants in or on the site are at, or below, background concentrations. Property means any contiguous area of land, including land separated by a road or river, held in one or more than one ownership, that is utilised as a single operating unit, and may include one or more certificates of title.

PC7 Highest groundwater level means the single highest elevation to which groundwater has historically risen that can be reasonably inferred for the site, based on all available hydrogeological and topographic information. Seasonal High Water Table means, at the time the activity is established, the highest elevation that the water table has reached between the months of June and August inclusive. Site means: 1. an area of land or volume of space with defined boundaries, whether legally or otherwise described, comprised in a single allotment or any other legally defined parcel of land: (a) held in a single certificate of title; or (b) for which a separate certificate of title could be issued without further consent; and 2. in the case of land subdivided under the cross lease or company lease systems, site shall mean an area of land exclusively restricted to the control of users of that land; and 3. in the case of land subdivided under the Unit Titles Act 2010, site shall mean an area of land or volume of space containing a principal unit or a proposed unit in a unit plan, together with its accessory units. “Site” shall also include the access to the site.


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Solid waste means primarily solid contaminants for which disposal by discharge into the environment is intended, or which disposal by discharge into the environment would be necessary if other processes such as re-use, recycling or recovering cannot be applied.

Unconfined aquifer means an aquifer that lacks an overlying layer of fine sediment, and is not under pressure.


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8. Canterbury Air Regional Plan:

Rules, consents required, consent status

Summary Table:

Discharge of contaminants to air

CARP rule activity [Site operation]

Permitted activity rule

PA Rule Conditions Activity Complies with PA Rule?

Operation Activity Status

Dust generating activity [Soil stripping, unconsolidated surfaces, site restoration]

7.32 • Area unsealed surface >1000m2 -need DMP

Discharge does not cause an offensive or objection-able effect beyond the boundary

Yes

• has DMP

Permitted

Handling bulk solid materials [Excavation and processing of aggregate; Placement of managed fill material]

7.35 • Rate <100t/hr when handling occurs on >21 days/yr

• Located >200m from a sensitive activity, or NT PoS

• Rate >20t/hr -need DMP

No

• Maximum combined rate >100t/hr for >21 days/yr

Discretionary Rule 7.63(2) applies;

• Discharge from I&T premise,

• Activity not managed by rules 7.47-7.62

• Activity not a prohibited activity

Storage bulk solid materials [Stockpiles of aggregates, green waste]

7.36 • Store <1000t material with average size <3.5mm

• Store >200t -need DMP

• Located >100m from sensitive activity

Yes

• <1000t aggregate or green waste <3.5mm

• has DMP

• >120m from dwelling

Permitted

Handling of green waste [Shredding green waste]

7.48

• Located >50 m sensitive activity

Yes Permitted

Dust from cleanfill disposal [Placement of cleanfill]

7.49 • Located >200m from sensitive activity + >100m from NT PoS

• Store <1000t material with average size <3.5mm

• If dust beyond boundary need DMP

Yes

• >220m from a dwelling, no NT PoS within 100m

• <1000t material <3.5mm

• has DMP

Permitted


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Resource consent required under Canterbury Air Regional Plan (CARP)

Discharge permit for a Discretionary Activity under Rule 7.63(2) is required for discharge of contaminants to air from handling solid bulk materials being:

(i) Excavation and processing of aggregate; and (ii) Placement of managed fill material that is not cleanfill;

CARP Rules applying to the activities at the proposed quarry and managed fill 7.32 The discharge of dust to air beyond the boundary of the property of origin from the construction of buildings, land development activities, unsealed surfaces or unconsolidated land, is a permitted activity provided the following conditions, where applicable, are met: 1. The building to be constructed is less than 3 stories in height, or where the building is greater than 3 stories in height, a dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and

2. The area of unsealed surface or unconsolidated land is less than 1000m2, or where the area of unsealed surface or unconsolidated land is greater than 1000m2 a dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and 3. The discharge does not cause an offensive or objectionable effect beyond the boundary of the property of origin, when assessed in accordance with Schedule 2.

Analysis:

The discharge of dust from unsealed surfaces and unconsolidated land associated with the quarry and managed fill is a permitted activity under Rule 7.32, because a dust management plan has been prepared as part of the Quarry Management Plan, and dust from unsealed surfaces and unconsolidated land will not cause offensive or objectionable effects beyond the boundary.

7.35 The discharge of contaminants into air from the handling of bulk solid materials is a permitted activity provided the following conditions are met: 1. The discharge of dust does not cause an offensive or objectionable effect beyond the boundary of the property of origin, when assessed in accordance with Schedule 2; and 2. The handling occurs indoors, or where the handling occurs outdoors the rate of handling does not exceed 100t per hour; or 3. Where handling occurs outdoors on less than 21 days per calendar year, the rate of handling does not exceed 250t per hour; and 4. Where the handling occurs outdoors and the rate of handling exceeds 20t per hour, a dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and 5. The dust management plan is supplied to the CRC on request; and 6. The discharge does not occur within 200m of a sensitive activity, wāhi tapu, wāhi taonga or place of significance to Ngāi Tahu that is identified in an Iwi Management Plan; and 7. Notwithstanding condition 6, where the discharge is from production blasting at a quarry site the discharge does not occur within 500m of a sensitive activity wāhi tapu, wāhi taonga or a place of significance to Ngāi Tahu that is identified in an Iwi Management Plan.

Analysis:

The activities at the site that are handling of bulk solid materials i.e. excavation and processing of

aggregate, and placement of managed fill material, will exceed the rate of handling in condition 2, so the

discharge to air from this activity is not a permitted activity under Rule 7.35. Activities not complying with


45

Rule 7.63, and the discharge is from an industrial or trade premise, which includes a quarry and managed

fill, Rule 7.63(2) applies.

7.36 The discharge of contaminants into air from the outdoor storage of bulk solid materials is a permitted activity provided the following conditions are met: 1. The discharge of dust does not cause an offensive or objectionable effect beyond the boundary of the property of origin, when assessed in accordance with Schedule 2; and 2. The amount of material stored does not exceed 1000t when it has an average particle size of less than 3.5mm; and 3. Where the storage exceeds 200t, a dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and 4. The dust management plan is supplied to the CRC on request; and 5. The discharge does not occur within 100m of a sensitive activity, wāhi tapu, wāhi taonga or place of significance to Ngāi Tahu that is identified in an Iwi Management Plan.

Analysis:

Bulk solid materials stored outdoors at this site include aggregate, fill material, bulk and shredded green waste. The discharge of contaminants to air from this storage is a permitted activity, subject to complying with conditions 1 to 5 of Rule 7.36. Dust from storage of bulk sold material will not cause an offensive or objectionable effect beyond the boundary, the amount of material with a particle size of less than 3.5mm will not exceed 1000 tonnes, a dust management plan has been prepared as part of the Quarry Management Plan, and the separation distances in condition 5 will be complied with.

7.48 The discharge of contaminants into air from waste transfer sites is a permitted activity provided the following conditions are met:

1. The discharge does not cause an offensive or objectionable effect beyond the boundary of the property of origin when assessed in accordance with Schedule 2; and

2. The discharge does not occur within 50m of a sensitive activity on another property; and 3. The discharge is only from the handling of non-hazardous municipal solid waste, green

waste, or cleanfill; and 4. If there is a discharge of odour or dust beyond the boundary of the property of origin, an

odour and/or dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and

5. The odour and/or dust management plan is supplied to the CRC on request; and 6. The quantity of solid waste on the property does not exceed 10t per day averaged over a

calendar month.

Analysis:

The activity of handling green waste i.e. processing by shredding, is a waste transfer process. The discharge to contaminants to air, odour and dust, from this process is a permitted activity under Rule 7.48, provided conditions 1 to 5 are complied with. There will be no offensive or objectionable effect beyond the boundary, the separation distances in condition 2 will be complied with, the only waste transfer process is handling of green waste, and there is


46

not likely to be a discharge of odour or dust beyond the boundary. Condition 5 applies only to solid waste referred to in condition 3, so there is no quality limit on green waste or cleanfill.

7.49 The discharge of contaminants into air from the disposal of cleanfill is a permitted activity provided the following conditions are met: 1. The discharge of dust does not cause an offensive or objectionable effect beyond the boundary of the property of origin when assessed in accordance with Schedule 2; and 2. The discharge does not occur within 200m of a sensitive activity on another property, or within 100m of a wāhi tapu, wāhi taonga or place of significance to Ngāi Tahu that is identified in an Iwi Management Plan; and 3. The amount of material stored does not exceed 1000t when it has an average particle size of less than 3.5mm; and 4. If there is a discharge of dust beyond the boundary of the property of origin, a dust management plan is prepared in accordance with Schedule 2 and implemented by the person responsible for the discharge into air; and 5. The dust management plan is supplied to the CRC on request.

Analysis:

The discharge of contaminants to air from cleanfill disposal is a permitted activity, subject to complying with conditions 1 to 5 of Rule 7.49. Dust from cleanfill disposal will not cause an offensive or objectionable effect beyond the boundary, the separation distances in condition 2 will be complied with, the amount of material stored with a particle size of less than 3.5mm will not exceed 1000 tonnes, a dust management plan has been prepared as part of the Quarry Management Plan,.

7.63 The discharge of contaminants into air: 1. that does not comply with one or more of the conditions of Rules 7.47 to 7.62, excluding condition 1 of Rules 7.47, 7.48, 7.49, 7.50, 7.51, 7.55, 7.59 and 7.62; or … 2. that is from an industrial or trade premise and is not managed by Rules 7.47 -7.62; and is not a prohibited activity, is a discretionary activity.

Analysis:

A quarry and manged fill is an industrial or trade premises, and the discharge of contaminants to air from the activities at the site that are not permitted activities are the handling of bulk solid materials i.e. excavation and processing of aggregate, and placement of managed fill material, as these do not comply with will Rule 7.35 as the rate of handling exceeds the limit in condition 2. The activity is subject to Rule 7.63(2), as the discharge from an industrial or trade premise, and is not managed by Rules 7.47 to 7.62, (as the base rule is 7.35). provided the discharge is not a prohibited activity. The discharge of contaminants to air from the excavation and processing of aggregate or the placement of managed fill is not a prohibited activity under CARP rules 7.6 -7.9. The discharge will not have a noxious or dangerous effect (Rule 7.6), and there is no burning of any materials on the site (Rules 7.7 to 7.9). Therefore the discharge to air from these activities is a discretionary activity.


47

CARP Objectives relevant to the proposed Activity 5.6 Amenity values of the receiving environment are maintained. 5.7 Discharges from new activities are appropriately located to take account of adjacent land uses and sensitive activities. 5.9 Offensive and objectionable effects and noxious or dangerous effects on the environment are generally avoided.

Analysis:

The location and management of the activities at the proposed quarry and managed fill that result in discharges of contaminants to air that require resource consent will be consistent with achieving the objectives of the CARP. The quarry and managed fill is appropriately located away from sensitive activities, will maintain amenity values and not generate offensive, objectionable, noxious or dangerous effects.

CARP Policies relevant to the proposed Activity

6.1 Discharges of contaminants into air, either individually or in combination with other discharges, do not cause:

a. adverse effects on human health and wellbeing; or b. adverse effects on the mauri and life supporting capacity of ecosystems, plants or animals; or c. significantly diminished visibility; or d. significant soiling or corrosion of structures or property.

6.8 Offensive and objectionable effects are unacceptable and actively managed by plan provisions and the implementation of management plans. 6.9 Discharges into air from new activities are appropriately located and adequately separated from sensitive activities, taking into account land use anticipated by a proposed or operative district plan and the sensitivity of the receiving environment.

6.11 When evaluating resource consent applications recognise locational constraints on activities, when imposing terms and conditions. 6.12 Where activities locate appropriately to mitigate adverse effects on air quality a longer consent duration may be available to provide on-going operational certainty.


48

6.13 Minimise the cumulative effects of discharges of contaminants into air by requiring:

a. permitted discharges to apply good environmental practices; and b. discharges allowed by a resource consent to apply the best practicable option.

Analysis:

The discharges of contaminants to air from the proposed quarry and managed fill will be in accord with the relevant policies of the CARP,. The discharges to air will not cause the adverse effects listed in Policy 6.1 and 6.8 because the activities that have potential to generate discharges to air will be managed to achieve a very low level of effect, if any at or beyond the site. A site management plan has been prepared and measures that are the best practicable option will be implemented to avoid generating discharges to air, and to monitor asbestos contaminants in the dust to ensure there are no adverse effects off the site. The location of the quarry and managed fill is located in a rural area, which is the Outer Plains zone in the Selwyn District Plan. The closest existing dwelling is at least 250 metres from the areas of activity on the site. The District Plan provides, as a permitted activity, for the density of dwellings on the rural land adjacent to the property where the quarry and managed fill are proposed to be located, to be 1 dwelling on 20 hectares. So while there is some potential for more dwellings to be established, the limitation of no offensive or objectionable effects beyond the boundary of the quarry and managed fill property, will protect the amenity values for future residents.

CARP - Relevant Definitions Ambient air means the air outside buildings and structures. This does not include indoor air, air in the workplace, or contaminated air discharged from a source. Bulk solid materials means materials consisting of, or including, fragments that could be discharged as dust or particulate. These materials include but are not limited to: gravel, quarried rock, fertiliser, coal, cement, flour, rock aggregate, grains, compost and woodchip.

Cleanfill means material that, when buried, will have no adverse effects on people or the

environment. Cleanfill material includes virgin natural materials such as clay, soil and rock, and other

inert materials such as concrete or brick that are free of:

a. combustible, putrescible, degradable or leachable components;

b. hazardous substances;

c. products or materials derived from hazardous waste treatment, hazardous waste

stabilisation, or hazardous waste disposal practices;

d. materials that may present a risk to human or animal health, such as medical and veterinary

waste, asbestos, or radioactive substances; or

e. liquid waste.

Handling means extraction, quarrying, mining, processing, screening, conveying, blasting, or

crushing of any material.

Industrial or trade premises (RMA) means a. any premises used for any industrial or trade purposes; or b. any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes, or used for composting organic materials; or c. any other premises from which a contaminant is discharged in connection with any industrial or trade process;


49

but does not include any production land.

Noxious or dangerous effect means an effect that is materially harmful to people or the environment.

Property means any contiguous area of land, including land separated by a road or river, held in one or more than one ownership, that is utilised as a single operating unit, and may include one or more certificates of title.

Sensitive activity means an activity undertaken in: a. the area within 20m of the façade of an occupied dwelling; or b. a residential area or zone as defined in a district plan; or c. a public amenity area, including those parts of any building and associated outdoor areas normally available for use by the general public, excluding any areas used for services or access areas; or d. a place, outside of the Coastal Marine Area, of public assembly for recreation, education, worship, culture or deliberation purposes.


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9. RMA Section 105 Matters relevant to certain applications

(1) If an application is for a discharge permit or coastal permit to do something that would

contravene section 15 or section 15B, the consent authority must, in addition to the matters in

section 104(1), have regard to—

(a) the nature of the discharge and the sensitivity of the receiving environment to adverse effects;

and

(b) the applicant's reasons for the proposed choice; and

(c) any possible alternative methods of discharge, including discharge into any other receiving

environment.

Analysis:

The applications for resource consents for the discharges of contaminants into land and to air at the

proposed quarry and managed fill are activities that would contravene RMA section 15, so section

105 applies to the consideration of the effects on the environment of the discharges, in addition to

the matters to have regard to in section 104.

The discharges of contaminants to land and air will be managed to ensure that each will not result in

significant adverse effects on the respective receiving environments. The discharges to land of

managed fill and of truck bin and wheel wash water will contain only very low concentrations of

contaminants, and these contaminants will either be retained in the managed fill, or for those

contaminants with propensity to be transported through the fill material, will be diluted and

dispersed in groundwater to the extent that groundwater quality for human drinking water and

other uses will not be compromised, and should contaminants in groundwater reach surface water,

the concentrations will not exceed guidelines to protect ecosystems.

The discharges to air of dust and contaminants which, if in sufficiently high concentrations could

cause adverse effects, will be prevented by measures to limit concentrations of contaminants in

managed fill material, and prevent and suppress dust and air borne contaminants that could be

generated from the site.

While the receiving environments could, potentially, be sensitive to adverse effects from the

discharges, adequate safe guards will be in place through the limits on the materials received, the

management of processes on the site and monitoring of air quality, that the sensitivity will not be

realised.

Frews Contracting have selected this site for the quarry and managed fill because the location

combined with the controls on, and management of, the activities on the site, will ensures that

potential adverse effects are minimised, and effects on the environment will be minor. A range of

options for the design of the managed fill were considered, including engineered options such as a

lined landfill, but the option not to use engineered structures is considered the most efficient, but

provides effective protection to the environment. There are no practicable options for alternative

methods to discharge to land or air, or into other receiving environments.


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10. Selwyn District Plan

Rules, consents required, consent status Summary table:

Activity Selwyn DP Rules Applying Conditions complied with?

Rule Applying and Activity Consent Status

Earthworks - location

1.7.1.1 Permitted

• set back >20m from a water body (excluding aquifers)

Yes Earthworks >20m from a water body

Rule 1.7.1.1 Permitted

Earthworks - soil stripping and quarrying

1.7.1.2 Permitted

• maximum volume 5000m3

• <5% vertical cut face >2m

No

• volume exceeds 5000m3

• >5% vertical cut face >2m

Rule 1.7.6 [Note: Rule # inferred as Rule has no # in the Plan]

Discretionary

Earthworks – site restoration

1.7.1.3 Permitted

• site filled and recontoured to same as surrounding land,

• replanted in pre-existing vegetation

Yes Rule 1.7.1.3 Permitted

Earthworks - soil stockpiles Dust

1.7.1.4 and 9.19.1 Permitted

• stockpiles of soil >100m from a dwelling, or

• if <100m measures taken to prevent dust nuisance on adjoining land

Yes soil stockpiles >100m from dwelling, or if <100m, dust suppression measures taken

Rule 1.7.1.4 Rule 9.19.1 Permitted

Landfill - disposal of cleanfill and solid waste containing hazardous substances

7.4.1 Non-complying Disposal of hazardous substances

n/a Rule 7.4.1 Non-complying

8.1.6 Discretionary

• landfill for cleanfill or monofill only,

• no hazardous substances

No Fill material is from mixed sources and may include hazard-ous substances

Rule 8.1.7 Non-complying

Vehicle movements

9.13.1.3 Permitted <60 ecm/day averaged over any week on a formed, un-sealed road maintained by SDC [Plantation Rd]

No

• vehicle movements may be >60 ecm/day

Rule 9.13.2 Discretionary

Noise 9.16.1 Permitted noise maximum level 0730 – 2000hrs is 60 dBA L10

Yes Crusher noise only source with potential exceedance. Avoided by:

Rule 9.16.1 Permitted


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• day time use only;

• crusher at ground level with no mound is >350m from dwelling; or

• crusher at ground level behind 3m mound is >175m from dwelling; or

• crusher 8m below ground >40m from dwelling

Resource Consents required from Selwyn District Council Land use consent for:

(i) Earthworks (ii) Disposal of Solid Waste that may contain hazardous substances, and cleanfill (iii) Vehicle movements at the site exceeding 60 ecm/day

Selwyn District Plans Rule applying to the proposed activities Earthworks 1.7.1 Any earthworks which meet the following conditions shall be a permitted activity: 1.7.1.1 The earthworks are set back at least 20m from the edge of any waterbody (excluding aquifers): … 1.7.1.2 The earthworks do not exceed: (a) A vertical cut face where no more than 5% of the total vertical cut is over 2m; and (b) A maximum volume of 5000m3 per project. 1.7.1.3 When the earthworks cease, the site is: (a) Filled and recontoured to the same state as the surrounding land; and (b) Replanted with vegetation which is the same as, or of similar species to, that which existed on the site prior to the earthworks taking place, except that where the site was vegetated with any plant pest, the site may be replanted with other species. 1.7.1.4 Any stockpiling of earth, soil or other material within 100m of any dwelling, other than a dwelling erected on the same property as the earthworks, is to be kept moist and consolidated. [1.7.6] Any earthworks which do not comply with Rules 1.7.1.1, 1.7.1.2 or 1.7.1.3 shall be a discretionary activity.

http://eplan.selwyn.govt.nz/




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Analysis:

The scale of the earthworks to be undertaken exceeds the limits for the permitted activity under

Rule 1.7.1.2, so is a Discretionary Activity under Rule [1.7.6] (not numbered in the DP)

Solid and hazardous waste disposal

7.4.1

The use of any land or facilities to dispose of any hazardous substance shall be a non-complying

activity. 8.1.6 Any use of land or establishing of facilities for the disposal of solid waste which does not comply with Rule 8.1.1.3 shall be a discretionary activity if any one of the following standards and terms are met:

8.1.6.1 The solid waste being disposed of is clean fill only; or 8.1.6.2 The solid waste being disposed of is monofill from an industrial or business activity, and does not include any hazardous substance(s).

8.1.7 Any other landfill, or any other use of land or facilities to dispose of solid waste, which does not comply with Rule 8.1.6 shall be a non-complying activity.

Analysis:

The disposal of solid waste that may contain asbestos fibres, some heavy metal or hydrocarbons, while at low concentrations, may be classified as hazardous substances, is a non-complying activity.

Vehicle movements 9.13.1 Any activity which does not exceed the following maximum number of vehicle movements

shall be a permitted activity:

9.13.1.3 Road Formed, Unsealed and maintained by Council:

(a) 60 ecm/d per site (averaged over any one week period).

9.13.2 Any activity which does not comply with Rule 9.13.1 shall be a discretionary activity. The

Council’s discretion may include but shall not be limited to:

9.13.2.1 Any works required to the road to upgrade it to the standards set out in the

Council’s Engineering Code of Practice;

9.13.2.2 Any potential adverse effects of traffic on the amenity values of surrounding

residents and on other uses of the road, including (but not limited to) stock droving;

9.13.2.3 In respect to the integration of land use and transport, the appropriateness of the

location within the existing and planned road network.

9.13.2.4 The position and design of any vehicle crossing or vehicle access and egress;

9.13.2.5 Any positive effects which may offset any adverse effects; and

9.13.2.6 Any other relevant matters including relevant objectives and policies.

9.13.2.7 Any monitoring or review conditions.



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Analysis:

The number of vehicle movements at the site will exceed 60 ecm/d, so Rule 9.13.2 applies, so traffic

movements are a discretionary activity.

Traffic Assessment

Traffic generated by the extended quarry and mamaged fill will not increase signcificvantly from the

traffic generated by the existing quarry and cleanfill operation. The current limit in resource

consents on the level of activity at the site, excavation of 50,000 m3/yr exported from the site and

with equivalent volume of cleanfill imported to the site, will not be exceeded. The additional

volume of excavation, up to 15,000m3/yr, is to provide cover material for use within the site, and is

not exported.

The traffic movements for the site will vary as the quarry and managed fill will continue to operate

periodically, in response to demand for aggregate and for disposal of cleanfill and managed fill.

During peak periods of activity up to 25 truck and trailers per day Monday to Saturday, could be

expected. Vehicles for staff are expected to be 4 movements per day to and from the site, i.e. 24 per

week.

Vehicle Movements (to and from the site, peak and average over a week)

Vehicles Movements

per day

Movements

per week

Equivalent Car

Movements

(ECM) per

week*

Equivalent Car

Movements per

Day (ECM/d)

averaged over 1

week (7 days)

Total Peak 35 200 1800 260

(i) Trucks with

trailers

30 total

65 average 780 average 110 average

(ii) Trucks 90 average 540 average 77 average

(iii) Staff

vehicles

5 30 30 <5

Total Average 185 1350 187

*1 truck = 6 car movements, 1 truck & trailer = 12 car movements

The vehicle movements exceed the limit for a permitted activity in the District Plan, and is therefore

a Discretionary Activity under Rule 9.13.2. This predicted peak number of movements will only occur

intermittently, and there may be periods when there is little vehicle activity generated from the

quarry, cleanfill or managed fill operations. The peak daily traffic is not expected to exceed 30 trucks

or truck and trailer units, over a 12-hour operating period means 2 to 3 trucks or truck and trailer

units, per hour.

As required by the existing land use consent, all heavy vehicle movements to and from the site will

be via Plantation Road. There will be no heavy vehicles using Thwaites Road. The existing access off

Plantation Road will continue in use for the life of the quarry and managed fill. Access to the active

operations area will be from this entrance via internal site roads.


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Noise

9.16.1 …, any activity shall be conducted so as to comply with the noise limits and within the time

frames stated in the following tables in order to be a permitted activity:

Table C9.3 – Noise limits assessed at the notional boundary of any dwelling, rest home, hospital, or

classroom in any educational facility except where that dwelling, rest home, hospital or classroom is

located within a Living zone.

Hours Noise Limit

7.30am – 8.00pm 60 dBA L10

85 dBA Lmax

8.01pm – 7.29am 45 dBA L10

70 dBA Lmax

Noise assessment The noise generated from aggregate crushing equipment used at the quarry was assessed by acoustic consultants, Marshall Day. The separation distances required to meet the Plan permitted activity standards at a dwelling were calculated and are presented in the table below. Distances required from Aggregate Crusher to achieve noise level limits – [from Marshall Day 2008]

Aggregate Crusher location and noise mitigation measure

Noise level

60 dBA 55 dBA 50 dBA

Crusher at ground level, no mound

350m 630m 1100m

Crusher at ground level, 3m high mound

175m 280m 550m

Crusher in 8m deep pit, no mound1,2

40m 75m 120m

Crusher in 8m deep pit, 3m high mound1,2

40m3 40m 70m

Notes: 1. Crusher must be located not less than 10 metres from the pit face in the direction of the affected property. 2. All distances measured from the edge of the pit. 3. Limited by space required to construct mound

Analysis:

The closest dwelling is located 250m from the boundary of the property. The crusher will operate

only between 0730 and 2000 hrs. For the majority of the operating time the crusher will be located

at least 4m below ground level. If it is operating at ground level, there will be a 3m high bund along

the perimeter of the active operating area, so the required minimum separation distance is 175m.

This will always be achieved.

The noise generated from the activity will comply with noise limits in Table C9.3, so is a permitted

activity.


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Dust

9.19.1 Any stockpiling activity shall be a permitted activity provided that stockpiling of any soil, coal,

sawdust, powdered fertiliser or any other unconsolidated material outdoors within 100m of a

dwelling (other than a dwelling on the same property as the stockpiled material), is either:

9.19.1.1 Covered; or

9.19.1.2 Consolidated; or

9.19.1.3 Otherwise secured to mitigate windblown dust on to adjoining properties.

Analysis:

The stockpiling of soil will not occur within 100m of an existing dwelling not on the same property,

so is a permitted activity.

Objectives and Policies of Selwyn District Plan Land and Soil - Objectives

Objective B1.1.1

Adverse effects of activities on the District’s land and soil resources are avoided, remedied or

mitigated.

Objective B1.1.2

People and their property are not affected by contaminated soil … and any adverse effects on the

environment are avoided, remedied or mitigated.

Analysis:

Objective B1.1.1 recognises that adverse effects of activities on land and soil resources in the District

need to be addressed. Objective B1.1.1 is achieved by provisions to manage potential effects of

hazardous substances, waste disposal and earthworks. Objective B1.1.2 relates to land and soil,

which is already contaminated due to past activities. The objective is to ensure people or their

property are not affected by contact with contaminated soil. Objective B1.1.2 is achieved by the plan

provisions to manage activities on contaminated land.

The proposed managed fill will not be contrary to these objectives as the design location and

operation of the managed fill will ensure that adverse effects on the environment are avoided,

remedied or mitigated.

Land and Soil - Policies

Contaminated Land

Policy B1.1.1

Ensure any activity involving hazardous substance or waste disposal is carried out in a way which

reduces the risk of contaminating land or soil.

Policy B1.1.2


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Avoid adverse effects on people through exposure to contaminated land and mitigate or remedy any

adverse effects on the environment.

Policy B1.1.3

Encourage the management of contaminated sites so that effects on peoples’ health or on the

environment are avoided.

Analysis:

Policies B1.1.1 to B1.1.3 are a three-pronged approach to manage the effects of contaminated land

or soils by:

• Not creating contaminated sites in the first instance;

• Avoiding people having contact with land which is contaminated if that contaminant may be

toxic or harmful to them; and

• Working to get contaminated sites cleaned up or contained

Policy B1.1.2 applies to land which is contaminated. The policy does not prevent any use of

contaminated land, as long as there is no potential effects on people’s health or well being and

effects on the environment.

The proposed operation of the managed fill will ensure that people on surrounding land are not, and

the surrounding land itself is not, contaminated by wind borne dust, fibres or contaminants from the

managed fill. The managed fill will be covered immediately it is disposed of, and the site will be

restored with clean fill and clean topsoil to ensure there is no long term exposure to the managed fill

material.

Water

Objective B1.3.1

Contamination of ground water or surface water is avoided and/or mitigated and water quality

improved in degraded waterbodies through changes in land management practices and controls on

land uses likely to cause waterbody contamination.

Analysis:

The District Plan states that Objective B1.3.1 relates to activities contaminating ground or surface

water through accidental spills or mis-management. In these cases no discharge is intended so there

is no discharge permit. … The District Council considers it is better to try and prevent adverse effects

in the first instance by managing waste disposal where leaching to ground water could occur.

The disposal of managed fill requires a discharge permit, while the operation of the quarry and

managed fill will be undertaken to ensure that any accidental spills of fuel or other contaminants are

remedied so to avoid adverse effects on water quality.

Policy B1.3.4

Manage land to protect water resources and avoid, remedy, or mitigate adverse effects on surface

water quality and quantity, and aquatic habitat from activities and development, including:

• Activities locating close to waterbodies; or

• Activities which may result in …leaching of contaminants into groundwater.


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Analysis:

Policy B1.3.4 is to avoid pollution of ground or surface water from activities that have unintended

discharges, due to some accident or mismanagement.

The quarry and managed fill will be operated to ensure that any accidental spills of fuel or other

contaminants are remedied so to avoid adverse effects on water quality.

Waste Disposal — Objectives

Objective B2.4.2

Adverse effects on the environment from the collection, treatment, storage or disposal of waste are

reduced.

Analysis:

The District Plan states that the objectives and policies for waste disposal do not require all adverse

effects to be avoided, because while this is desirable, it is not affordable and may not be technically

feasible. The Plan provisions require substantial and on-going reductions in the range and severity of

adverse effects on the environment from waste disposal, than have occurred in the past. This

outcome is achieved by improving facilities and techniques to dispose of waste, and better

monitoring and aftercare of disposal sites, once they are no longer used.

The proposed managed fill will meet industry best-practice procedures to ensure that that disposal,

monitoring and site restoration will minimise adverse effects from this waste disposal.

Waste Disposal — Policies

Policy B2.4.6

Avoid any large scale facilities for disposing of solid waste in the District, unless any adverse effects,

including any cumulative effects, on the environment will be minor.

Analysis:

Policy B2.4.6 is to avoid establishing large-scale facilities to dispose of solid waste, in the Selwyn

District. The Council considers that many parts of the rural area are inappropriate for the

location of a large-scale landfill due to the following potential effects:

• The number of known fault-lines and risk of slipping and slumping in the high country,

Malvern Hills and Port Hills.

• The shallow depth to groundwater in the south-eastern area.

• The water quality of aquifers on the Plains.

• The outstanding landscape and significant ecological and cultural values of many parts of the

high country, Port Hills and Te Waihora/Lake Ellesmere.

• The amenity values of the rural area, generally

The Policy contains an exception for any proposal where it can be demonstrated that any

potential adverse effects will be minor including any cumulative effects.

The proposed managed fill is located outside areas of unstable land, is not vulnerable to seismic

activity. It is not located over very shallow groundwater or in an area of outstanding landscape


59

or ecological significance. The managed fill has been designed and will be operated to ensure

that adverse effects on groundwater quality and amenity values of the rural area will be minor,

or less.

Policy B2.4.7

Recognise that Tāngata whenua have a particular interest in the treatment and disposal of waste;

and ensure appropriate consultation is undertaken with them on this matter.

Analysis:

Frews has consulted with Ngai Tahu on this proposal and has responded to questions raised by the

Kaitiaki. A further response is awaited at the time of writing.

Policy B2.4.8

Ensure appropriate after-care of land used to dispose of waste.

Analysis:

Policy B2.4.8 is to ensure those ongoing adverse effects are managed once the site is no longer used

for waste disposal.

The proposal for the managed fill includes progressive restoration of the site as excavation and back-

filling is completed, and the land will be returned to the current use of pastoral farming.

Groundwater monitoring will continue throughout the life of the managed fill.

Hazardous Substances — Objectives

Objective B3.2.1

To ensure that adequate measures are taken to avoid, remedy or mitigate any adverse effects to

human health, to the amenity of townships, the rural environment and to the natural environment

arising from the … disposal of hazardous substances.

Objective B3.2.2

To ensure that adequate measures are taken during the … disposal of hazardous substances to

avoid, remedy or mitigate any adverse effects to the health of livestock and other farm animals, to

domestic animals, to flora and fauna, and to the life-sustaining capacity and amenity values of

waterbodies, land and soil resources.

Analysis:

Objectives B3.2.1 and B3.2.2 seek to minimise risk to the environment from the disposal of

hazardous substances. The District Plan states that the Council recognises that the transport and

disposal of hazardous substances are controlled by other statutory authorities through legislation

and associated controls and Standards including the HSNO Act 1996 and through Canterbury

Regional Plans.

The proposed managed fill will accept only material containing low levels or concentrations of

specified hazardous substances. The risk to the environment will be minimised by the controls on

the operation and managed of the managed fill.



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Hazardous Substances — Policies

Policy B3.2.2

… avoid disposing of hazardous substances near any of the following areas:

(a) Waterbodies or wetlands.

(b) Areas of outstanding natural features and landscapes.

(c) Significant ecological sites.

(d) Sites of heritage or cultural values.

(e) Popular recreational areas.

(f) Dwellings, other than a dwelling on the same site as the activity.

Analysis:

Policy B3.2.2 is to protect the environment from potential adverse effects caused by the disposal of

hazardous substances. The development of the proposed managed fill is based on protecting the

environment from adverse effects.

Quality of the Environment — Objectives

Objective B3.4.1

The District’s rural area is a pleasant place to live and work in.

Objective B3.4.2

A variety of activities are provided for in the rural area, while maintaining rural character and

avoiding reverse sensitivity effects.

Analysis:

Objectives B3.4.1 and B3.4.2 are to maintain the quality of the rural environment. It is achieved by

policies and rules to manage effects such as noise and dust. The policies and rules allow for activities

which have effects typical of a rural area, but manage activities that have potentially greater effects.

The Plan states that the Rural zone is recognised principally as a business area rather than a

residential area. It is an area where a variety of activities take place including primary production,

recreation, industrial and trade activity, residential and community facilities. The Plan does not

require activities in the rural area to be associated with primary production, however rural character

must be maintained; and potential reverse sensitivity effects must be avoided.

The proposed quarry and managed fill is appropriately located in the Rural zone, and the potential

effects of the operation will be avoided or mitigated, to ensure that rural character and amenity is

maintained, and reverse sensitivity effects avoided.

Quality of the Environment — Policies

Policy B3.4.1

Recognise the Rural zone as an area where a variety of activities occur and maintain environmental

standards that allows for primary production and other business activities to operate.

Policy B3.4.3


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Avoid, remedy or mitigate significant adverse effects of activities on the amenity values of the rural

area.

Analysis:

Policy B3.4.1 recognises that the Rural zone is principally a business area. Quarries and other rural

activities are businesses and they need to be able to operate efficiently and with as few restrictions

as practical. Residential activities occur in the Rural zone, but Plan provisions including the distance

between houses and activities in the Rural zone, should combine to maintain a pleasant living

environment. The District Plan recognises that there are many places in the rural area which are not

outstanding or significant but which people find pleasant. While Policy B3.4.3 requires adverse

effects from activities on the amenity values of rural areas be avoided remedies or mitigated, the

Plan states that the policy is not be used as to oppose any changes to land uses in an area.

The proposed quarry and managed fill sits comfortably with these policies as it is a business, but it is

appropriately located to ensure that amenity values for the neighbours and area will not be

compromised.

Noise

Policy B3.4.13

Recognise temporary noise associated with short-term, seasonal activities as part of the rural

environment, but ensure continuous or regular noise is at a level which does not disturb people

indoors on adjoining properties.

Analysis:

The Rural zone is a business area so people should expect a higher level of noise than in residential

areas. In the Rural zone noise is often associated with intermittent but frequent activities such as

processing aggregate. The noise generated from this activity will be within the limits set so people

are not disturbed in neighbouring dwellings.

Dust

Policy B3.4.16

Mitigate nuisance effects on adjoining dwellings caused by dust from earthworks, or stockpiled

material.

Analysis:

The rural area in the Selwyn District is exposed to wind, particularly north westerly winds and dust

occurs from natural sources such as riverbeds or land, and from roads. Policy B3.4.16 addresses dust

nuisance from activities in the Rural zone, where it may affect houses on adjoining properties. The

Plan states that Policy B3.4.16 and associated Plan rules do not apply to dust blown from cultivated

paddocks.

The houses nearest the quarry and managed fill are far enough away to ensure dust nuisance is

avoided. The operations at the site will be undertaken with active dust suppression and

management actions in accord with the Site Management Plan.


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Reverse Sensitivity Effects

Policy B3.4.20

Ensure new or upgraded road infrastructure and new or expanding activities, which may have

adverse effects on surrounding properties, are located and managed to mitigate these potential

effects.

Analysis:

The land surrounding the property where the proposed quarry and managed fill is located is largely

in moderate-sized agricultural enterprises, principally irrigated dairy and sheep and beef units.

While, in theory this land could be sub-divided to 20 ha lots as a permitted activity (see Policy B4.1.1

and B4.1.2 below), demand for this is very unlikely due to the location in the District, and the

availability of small-holdings around near-by Hororata village. Despite this the proposed quarry and

managed fill will be managed to ensure that adverse effects are mitigated for existing or future

properties

Residential Density and Subdivision in the Rural Areas - Policies

Policy B4.1.1

Avoid residential density greater than those shown below:

Area shown on Planning Map Dwellings per Hectare

Outer Plains 1:20

Policy B4.1.2

Except in the Inner Plains area, allow a house to be built on any sized allotment, provided:

(a) The balance of land area needed to comply with Policy B4.1.1 is kept free of dwellings by

covenant or some other method

(b) The house allotment is of an appropriate size and shape to avoid adverse effects on adjoining

properties, the road network or potential reverse-sensitivity effects; and

(c) The number of houses clustered together on small allotments is kept small, to avoid creating new

villages or settlements; and

(d) The balance of land area adjoins the house allotment and is of a shape that maintains the sense

of “open space”.


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RMA section 104D - Particular restrictions for non-complying activities (1) Despite any decision made for the purpose of notification in relation to adverse effects, a consent

authority may grant a resource consent for a non-complying activity only if it is satisfied that

either—

(a) the adverse effects of the activity on the environment (other than any effect to which

section 104(3)(a)(ii) applies) will be minor; or

(b) the application is for an activity that will not be contrary to the objectives and policies of—

(i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or

(ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of

the activity; or

(iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a

proposed plan in respect of the activity.

(2) To avoid doubt, section 104(2) applies to the determination of an application for a non-complying

activity.

RMA section 104 (2) When forming an opinion for the purposes of subsection (1)(a), a

consent authority may disregard an adverse effect of the activity on the environment if a

national environmental standard or the plan permits an activity with that effect.

Analysis:

The land use activities of disposal of solid waste that may contain hazardous substances, and the

establishment and operation of a mixed materials landfill are non-complying activities under the

rules in the Selwyn District Plan.

The objectives and policies of the Plan are that while large scale waste disposal facilities are not

provided for, such facilities can be established in the District provided adverse effects on the

environment will be minor.

This objective and policy framework then applies s104D(1)(a) to the decision on the application for

the managed fill. The application can be granted only if the consent authority is satisfied that the

adverse effects of the activity on the environment will be minor.

The AEE documents for the discharges of managed fill into land, discharges of contaminants to air

from the quarry and managed fill, and assessments of noise, dust and traffic that form part of the

application for the quarry and managed fill, each demonstrate that the adverse effects on the

environment, individually and cumulatively, will be not be more than minor. Therefore the gateway

formed by s104D(1)(a) can be passed, and s104D(1)(b) is also satisfied.


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Selwyn District Plan – Relevant Definitions: Earthworks: include any disturbance, to, or excavation, removal or deposition of, soil, earth or any

other mineral derived from the ground.

Quarrying: means to take, mine or extract, by whatever means, any rock, stone, gravel or sand

existing in its natural state in land. “To quarry” has a corresponding meaning.

Clean Fill: includes any natural material which is free of: combustible, putrescible, degradable or

leachable components or materials likely to create leachate by means of biological breakdown;

hazardous substances or any products or materials derived from hazardous waste treatment,

stabilisation or disposal practices; contaminated soil or other contaminated materials; medical or

veterinary waste; asbestos or radioactive substances. It includes (but is not limited to) soil, clay,

rock, concrete and bricks.

Disposal: includes any activity associated with the permanent discarding of material which is spent,

worthless or in excess. For the purposes of Rule 7.4.1 disposal does not include the application of

hazardous substances in accordance with the manufacturer’s instructions. For the purposes of Rule

8.1.1.3 disposal does not include: the deposition of inert fill on to land from another site, for the

purposes of landscaping, levelling or recontouring land, filling holes or depressions, preparing

building sites or other construction work.

Monofill: includes any landfill which is designed and operated to accept waste associated with one

specific activity or form of waste. For the purposes of Rule 7, a monofill does not include any landfill

which accepts hazardous waste.

Solid Waste includes any material which is discarded as being spent, useless, worthless or in excess,

and includes liquid or gaseous waste which is stored in containers.


65

11. Consultation Frews Contracting has met with the following people and groups to explain the proposal and seek

feed-back and provide for concerns to be raised and responded to:

• Ngai Tahu, via Mahaanui Kurataiao, Kaitiaki at Taumutu Runanga and Tauhuriri Runanga

• Neighbouring land owners: Susan & Shane Thornley, Campbell Tua, Euan Thompson and

Annette Harris

• Malvern Community Board

• Malvern residents: Rosalie Snoyink and others

All parties expressed appreciation for the opportunity to receive information and ask questions

about the proposal. In their written response , the Kaitiaki raised a number of concerns, about

which they requested more information. Frews were able to provide this information and a further

response is awaited.


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12. Assessment of the Quarry and Managed Fill against

Matters in RMA Part 2 5 Purpose

(1) The purpose of this Act is to promote the sustainable management of natural and physical

resources.

(2) In this Act, sustainable management means managing the use, development, and protection of

natural and physical resources in a way, or at a rate, which enables people and communities to

provide for their social, economic, and cultural well-being and for their health and safety while—

(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the

reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Analysis:

The proposed quarry and managed fill will sustainably use natural and physical resources, producing

aggregate for construction and providing for safe disposal of specified solid wastes, for the next 40

years, and will provide adequate safe-guards to ensure that the life-supporting capacity of water,

soil, air and ecosystems is not compromised, and potential adverse effects on the environment are

avoided, remedied or mitigated. The quarry and managed fill will achieve sustainable management

of natural and physical resources.

6 Matters of national importance

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation

to managing the use, development, and protection of natural and physical resources, shall recognise

and provide for the following matters of national importance:

(a) the preservation of the natural character of the coastal environment (including the coastal

marine area), wetlands, and lakes and rivers and their margins, and the protection of them from

inappropriate subdivision, use, and development:

(b) the protection of outstanding natural features and landscapes from inappropriate subdivision,

use, and development:

(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous

fauna:

(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes,

and rivers:

(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites,

waahi tapu, and other taonga:

(f) the protection of historic heritage from inappropriate subdivision, use, and development:

(g) the protection of protected customary rights:

(h) the management of significant risks from natural hazards.

Analysis:

There is no impact on the Matters of national importance (a) to (d) or (f) to (h) from the proposed

quarry and managed fill, as none of these matters will be affected. In respect of Matter (e), Frews


67

Contracting is actively consulting with Ngai Tahu kaitiaki to ensure that iwi values are recognised and

protected.

7 Other matters


to managing the use, development, and protection of natural and physical resources, shall have

particular regard to—

(a)kaitiakitanga:

(aa)the ethic of stewardship:

(b)the efficient use and development of natural and physical resources:

(ba)the efficiency of the end use of energy:

(c)the maintenance and enhancement of amenity values:

(d)intrinsic values of ecosystems:

(e) [Repealed]

(f) maintenance and enhancement of the quality of the environment:

(g) any finite characteristics of natural and physical resources:

(h) the protection of the habitat of trout and salmon:

(i) the effects of climate change:

(j) the benefits to be derived from the use and development of renewable energy.

Analysis:

The matters listed in Section 7 which are relevant to the proposed quarry and managed fill have

each been given regard to in the development of the proposal. Kaitiaki are being consulted and

responded to, while Frews Contracting places importance on being stewards of the land they are

using and will restore, in the most efficient manner. The maintenance of amenity values, protection

of ecosystems and the quality of the environment have been primary considerations in the setting

the scope of the proposal.

8 Treaty of Waitangi


to managing the use, development, and protection of natural and physical resources, shall take into

account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

Analysis:

Frews Contracting have been actively consulting with and responding to Ngai Tahu kaitiaki during

the development of this proposal, and the protection of Ngai Tahu values, places of significance and

taonga has been highly considered in the selection of the site and development of the proposal.


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13. Non-statutory documents relevant to a Managed Fill

WasteMINZ Technical Guidelines for Disposal to Land The Technical Guidelines for Disposal to Land (the Guidelines) were published by Waste

Management Institute New Zealand (WasteMINZ) in August 2018 and replace the following

publications relating to landfills in New Zealand:

• CAE Landfill Guidelines (2000); and

• A Guide to the Management of Cleanfills (2002).

The Guidelines provide technical guidance relating to the siting, design, operation and monitoring of

landfills in New Zealand, based on local and international experience. The Guidelines do not reduce

the necessity for the development of site-specific requirements for investigations, design, operations

and monitoring. The final decision on site-specific requirements for a landfill is made under the

provisions of the Resource Management Act 1991, following a comprehensive site-specific

assessment of effects on the environment.

The objectives of the Guidelines are to:

• define clean fill material, controlled fill, managed fill material and waste types intended for

disposal to land;

• define classes of landfills based on the types of material to be accepted for disposal, and

associated waste acceptance criteria;

• provide a consistent approach to siting, design, operations and monitoring to reduce the

actual and potential effects of landfills on the environment and communities; and

• make current best practice recommendations on key technical requirements for siting,

design, operations and monitoring of landfills.

The following waste and fill types are addressed in the Guidelines:

• clean fill material;

• controlled fill material;

• managed fill material;

• construction and demolition (C&D) waste;

• household waste;

• commercial waste;

• municipal solid waste (MSW);

• industrial waste; and

• hazardous waste.

The Guidelines classify landfills into five distinct types:

• Class 1 – Landfill: Municipal Solid Waste Landfill.

• Class 2 – Landfill: C&D Landfill.

• Class 3 – Landfill: Managed Fill.

• Class 4 – Landfill: Controlled Fill.

• Class 5 – Landfill: Clean Fill.

The proposed Managed Fill is a Class 3 landfill. A Class 3 landfill accepts; clean fill material, controlled fill material and managed fill material. These materials are defined in the Guidelines as:


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Managed Fill Material:

Predominantly clean fill material and controlled fill material that may also contain material with contaminant concentrations in excess of controlled fill limits where site specific management controls are in place to manage discharges to the environment.

Clean Fill Material: Virgin excavated natural materials (VENM) such as clay, soil and rock that are free of:

• combustible, putrescible, degradable or leachable components; • hazardous substances or materials (such as municipal solid waste) likely to create

leachate by means of biological breakdown; • products or materials derived from hazardous waste treatment, stabilisation or

disposal practices; • materials such as medical and veterinary waste, asbestos, or radioactive substances

that may present a risk to human health if excavated; • contaminated soil and other contaminated materials; and • liquid waste. When discharged to the environment, clean fill material will not have a detectable effect relative to the background.

Controlled Fill Material: Predominantly clean fill material that may also contain inert construction and demolition materials and soils from sites that may have contaminant concentrations in excess of local background concentrations, but with specified maximum total concentrations that will not restrict future land use. As defined, Controlled Fill material may also contain inert Construction and Demolition (C&D) Waste. C&D waste includes waste generated from the construction, renovation, repair, and demolition of structures such as residential and commercial buildings, roads, and bridges. The composition of C&D waste varies for these different activities and structures. Inert C&D waste is neither chemically or biologically reactive, i.e. waste that does not decompose, does not undergo a change in its chemical properties and does not alter the chemical properties of any other material. Inert C&D waste will include; masonry (brick, building stone such as marble, granite, and limestone, cast stone, concrete, glass, and clay), asphalt and soil. A Class 3 – Managed Fill can receive: --

• Cleanfill (VENM)

• Inert C&D waste,

• Soil with contaminant concentrations higher than background, but specified maximum

concentrations that would not restrict future land use

• Controlled fill material i.e. inert materials + soils with specified maximum total

concentrations

A Class 3 – Managed Fill cannot receive:


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• Putrescible or reactive materials that may generate leachate or landfill gas

Table 6-1 Summary of Accepted Waste Types

(from Technical Guidelines for Disposal to Land, WasteMINZ 2018)

Landfill Class

Common Name

Waste Description Accepted Waste Types Waste Acceptance Criteria

3

Managed Fill

Clean Fill Material Controlled Fill Material Managed Fill Material

As per Class 4 Landfill and also material that meets specific WAC developed for the Managed Fill.

Based on maximum inorganic and organic contaminant concentration limits.

4

Controlled Fill

Clean Fill Material Controlled Fill Material

As per Class 5 Landfill and also including: • soils, rocks, gravel,

sand, clay etc. which do not meet the Class 5 WAC;

• bricks, blocks and pavers;

• ceramics; • concrete (exposed

reinforcing removed); • road sub-base; • tiles and pipes made of

clay, concrete or ceramics;

• asphalt. Maximum incidental or attached biodegradable materials (e.g. vegetation) to be no more than 2% by volume per load.

Based on maximum total concentration limits and limited organic compounds.

5 Clean Fill Clean Fill Material Non-contaminated soils, rocks, gravel, sand, clay and other natural materials.

Maximum incidental inert manufactured materials (e.g. concrete, brick, tiles) to be no more than 5% by volume per load.

Maximum incidental or attached biodegradable materials (e.g. vegetation) to be no more than 2% by volume per load.

Based on maximum total concentration limits derived from the local/regional background, and limited organic compounds.


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Class 3 Landfill – Waste Acceptance Criteria Guidelines

The Guidelines Waste acceptance criteria for Class 3 landfills comprise:

• a list of acceptable solid materials; and

• maximum incidental or attached biodegradable materials (e.g. vegetation) to be no more

than 2% by volume per load; and

• maximum chemical contaminant limits.

The Guidelines, in Appendix F, does not, in the current version, describe waste acceptance criteria

for a Class 3 landfill. The contaminant limits for Class 3 landfills are still to be developed.

The Guidelines recommend that Class 3 landfills should be sited in areas of appropriate geology,

hydrogeology and surface hydrology. Site ownership, location and transport distance are likely to be

the predominant siting criteria. However, as contaminated materials (in accordance with specified

limits) may be accepted, an environmental site assessment is required in respect of geology,

stability, surface hydrology and topography. This site assessment has been completed for Frews

proposed Managed Fill.

Monitoring of accepted material is required, as are operational controls, and monitoring of surface

water and groundwater.

Asbestos Management Guidelines New Zealand Guidelines for Assessing and Managing Asbestos in Soil

BRANZ Ltd, November 2017

These Guidelines provide guidance on the assessment and management of asbestos in soil at a site.

Soil can also become contaminated with asbestos through demolition or removal of asbestos

materials from buildings, and uncontrolled dumping in the past.

Asbestos contamination of soils is different from other forms of contamination. Asbestos is inert and

does not affect groundwater or have toxic effects in soil in the way that hydrocarbon or other toxic

contaminants do. It does not get into the food chain. The only risk to health is from breathing

respirable asbestos fibres (fibres small enough to penetrate deep into the lungs) that may be raised

from the soil by wind or other disturbance. Tiny asbestos fibres breathed into the lungs can cause

fatal or potentially fatal illnesses, including asbestosis (chronic lung disease with inflammation or

scarring of lung tissue) and several types of cancer.

Asbestos is a naturally occurring fibrous mineral. Importing raw blue and brown asbestos (the most

hazardous types) was prohibited in 1984, and importing raw white asbestos (chrysotile, the most

commonly used type in New Zealand) was prohibited in 1998. Importing asbestos-containing

materials was banned in 2016. Asbestos-containing materials such as asbestos-cement wall and roof

cladding and waterpipes can still be found in many New Zealand buildings. These materials, known

as composites or bonded products, are less hazardous if undisturbed because the asbestos fibres are

contained in other materials, usually cement.

These Guidelines will be followed at the sites that are sources of Managed Fill material accepted at

the Frews Managed Fill.

Waste industry guidelines to manage the collection, receipt, transport and disposal of

asbestos waste


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WasteMINZ, 2019

These are waste industry guidelines to manage the collection, receipt, transport and disposal of

asbestos waste. These guidelines are for the waste, resource recovery and contaminated land

sectors and they address:

• Collection of pre-wrapped asbestos waste from a customer’s site;

• Receipt of pre-wrapped asbestos waste at a transfer station;

• Discovery of unexpected asbestos waste at a transfer station;

• Disposal of pre-wrapped asbestos waste to landfill.

The Health and Safety at Work (Asbestos) Regulations 2016 impose requirements on persons

conducting a business or undertaking (PCBUs) and others in relation to the carrying out of work

involving asbestos. However, the Approved Code of Practice: Management and Removal of Asbestos

2016 (ACOP) does not cover the collection of asbestos waste, receipt at transfer stations or disposal

to landfill.

These guidelines are intended to be supplementary to the Health and Safety at Work (Asbestos)

Regulations 2016 and the ACOP.

The Guidelines provide guidance on what constitutes good practice within the sector, and cover the

flowing areas:

• Collection and transportation of asbestos waste

• Disposal of asbestos waste at a landfill

Collection and transportation of asbestos waste

It is recommended that asbestos is treated as a dangerous good, particularly if it is in a friable form.

Collection and transport of asbestos waste should be conducted in accordance with the Land

Transport Act 1998 and the Health and Safety at Work (Asbestos) Regulations 2016.

Asbestos waste to be collected should be packaged in accordance with the ACOP. The asbestos

waste is sealed in double-lined, heavy-duty plastic sheeting (200 μm minimum thickness), or double-

bag it before placing it in the container. Non-friable asbestos waste may be placed directly into a

skip or vehicle tray double-lined with heavy-duty plastic sheeting, if it is kept damp to minimise

airborne dust.

Transportation of asbestos waste

Due to the risk of a spill, it is recommended that asbestos waste is transported as a Dangerous Good

(Class 9) in accordance with the Land Transport Act 1998; which includes Dangerous Goods

endorsement on driver’s license, completion of a Dangerous Good Declaration document (if carrying

friable asbestos) and placarding of the transport vehicle (Section 156 of the Land Transport Act

1998). It is recommended that the licensed asbestos removalist completes the Dangerous Goods

Declaration and the document must be signed by both parties (licensed asbestos removalist and

transporter) before the material is removed from the site.

Each vehicle transporting asbestos waste should carry:

• Dangerous Goods documentation

• Emergency response information

• An asbestos spill response procedure and an asbestos kit.


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If an incident occurs during transport, the transporter should advise the New Zealand Police’s

Commercial Vehicle Safety Team and WorkSafe New Zealand.

Disposal of asbestos waste at a landfill

Each disposal site must be covered by an Asbestos Management Plan.

Receipt of asbestos waste

Asbestos waste should be appropriately packaged or wrapped and covered as described in the

ACOP. If not, the landfill site should take measures to suppress the release of airborne fibres during

handling and disposal.

Disposal of asbestos waste

Asbestos waste should be disposed of in a dedicated special waste location at the landfill (Regulation

7 of the Health and Safety at Work (Asbestos) Regulations 2016) and the co-ordinates of the location

recorded in the AMP. The disposal location should be considered an area of asbestos related work

and the appropriate controls should be established to protect workers from asbestos exposure.

Asbestos waste disposal areas must have appropriate signage to alert site workers and customers to

the presence and location of asbestos.

All asbestos waste disposal areas should be located a sufficient distance away from the edge of the

landfill and a sufficient distance from other landfill activities to minimise the risk of exposure.

Asbestos waste should be buried following disposal to ensure that there is no release of airborne

respirable fibres from the stockpile.

All workers in the asbestos disposal area should be wearing appropriate PPE at all times.

If loose ACM is discovered or bags containing ACM break during disposal, the material should be

dampened to reduce any risk of airborne fibres, until buried.

Asbestos Management Plan

Under the Health and Safety at Work (Asbestos) Regulations 2016, each landfill site must be covered

by a current Asbestos Management Plan (AMP) which details procedures, relevant to the site, on

how to manage asbestos.


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14. Certificates of Title


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