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Tauranga City Plan

9A.3  Permitted Activity Rules: Hazardous Substances

Updated 11 September 2018


Note: Any activity that does not comply with a Permitted Activity Rule shall be considered a Restricted Discretionary Activity, unless stated otherwise. 


9A.3.1 Activities Required to Complete an HFSP Assessment

Any individual activity which involves the manufacture, storage, use, transportation or disposal of hazardous substances in accordance with Appendix 9B: HSNO Classification for Assistance in Rating of Hazardous Substances in the HFSP that has an effects ratio below that for Commercial Zones, Industry Zone, Tauriko Industry Zone, Papamoa East Employment Zone and Port Industry Zones; or equal or below that for other zones as specified for the particular zone in which it proposes to locate (Table 9A.1: Consent Status Matrix for the City (Effects Ratio) Based on HFSP Results) is a permitted activity. 

9A.3.2 Activities Exempt from Completing an HFSP Assessment

9A.3.2.1 Manufacture, Storage, Use, Transportation or Disposal of Hazardous Substances

Any individual activity which involves the manufacture, storage, use, transportation or disposal of hazardous substances in accordance with Appendix 9B: HSNO Classification for Assistance in Rating of Hazardous Substances in the HFSP that complies with any one of the following is a permitted activity: 

  1. Involves the retail sale and storage of petrol (up to 100,000 litres of storage in underground tanks), and diesel (up to 50,000 litres of storage in underground tanks) so long as it complies with:
    1. The Code of Practice for Design, Installation and Operation of Underground Petroleum Storage Systems: 1992, and Supplement 1 – 1995;
    2. The Hazardous Substances and New Organisms Act 1996 (HSNO Act) and regulations;
    3. Environmental Guidelines for Water Discharges from Petroleum Industry Sites in New Zealand, MfE, 1998.
  2. Involves the retail sale and storage of LPG (up to 6 tonnes single-vessel storage) that complies with:
    1. AS/NZS 1596: 2008 LP Gas Storage and Handling;
    2. The Hazardous Substances and New Organisms Act 1996 (HSNO Act) and regulations.
  3. Involves the storage, use, disposal and transportation of agrichemicals on land used for primary production that complies with:
    1. NZS8409:2004 Management of Agrichemicals;
    2. The HSNO Act and regulations.
  4. Can be classed as domestic-scale use associated with a permitted residential activity and:
    1. Is for a hazardous substance listed in Appendix 9C: Domestic Scale Quantity Based Hazardous Substances Table;
    2. The quantity does not exceed the specified Domestic-Scale Trigger Level in Appendix 9C: Domestic Scale Quantity Based Hazardous Substances Table.
  5. Involves facilities and structures for the transmission and distribution of natural gas.
  6. Involves the sealing of vehicle parking, loading, manoeuvring and access areas, and road carriageways and footpaths using penetration-grade bitumen cut back with kerosene and the application of coverstone.
  7. Involves sealed or self-contained electrical equipment containing less than 1,500 litres of oil. 

9A.3.2.2 Port Operational Area of the Port Industry Zone

Any individual activity in the Port Operational Area of the Port Industry Zone, being the area delineated as Height Area 1 in Appendix 18A: Port Industry Zone Height Areas – Tauranga Wharves and Appendix 18B: Port Industry Zone Height Areas – Mt Maunganui Wharves which involves the storage, use, transportation or disposal of hazardous substances in accordance with Appendix 9B: HSNO Classification for Assistance in Rating of Hazardous Substances in the HFSP that complies with any one of the following is a permitted activity:

  1. The transit storage of hazardous substances provided they comply with the Hazardous Substances Site Management Plan. The Hazardous Substances Site Management Plan is to meet the following requirements and applies to all transit hazardous substance activities:
    1. Coverage of all hazardous substances that are in transit only (including containerised, bulk, or break bulk) within the Port Operational Area delineated as Height Area 1 in Appendix 18B: Port Industry Zone Height Areas – Mt Maunganui Wharves;
    2. Storage and handling of radioactive substances must be approved under the Radiation Protection Act 1965 and associated regulations;
    3. Compliance with the HSNO Act and regulations;
    4. Coverage of all operators within the Port Operational Area, including any contractors and lessees;
    5. Best industry practice determined in consultation with relevant stakeholders; and inclusion of any additional matters as the Port of Tauranga and the Council agree should be included in the Hazardous Substances Site Management Plan;
    6. Reviewed regularly, at least 3-yearly, to address changes in operational port practices or industry standards/codes of practice, and to report on any accidents and incidents related to the transit of hazardous substances through the Port Operational Area. The review is to identify proposed amendments to the Hazardous Substances Site Management Plan for future management and mitigation measures associated with transit of hazardous substance activities. The results of the review are to be submitted to Council for written approval by 1 April in the year of the triennial review.
  2. The use and storage of petrol or diesel where storage is up to 50,000 litres in above-ground tanks, provided the installations comply with the HSNO Act and regulations and codes of practice. 

9A.3.2.3 Underground Petroleum Storage Systems (UPSS)

The maintenance, removal and replacement of underground petroleum storage systems and associated impacted soil is a permitted activity subject to: 

  1. The area of works shall not exceed 250m2 and no more than 30m3 of associated impacted soil in aggregate per tank shall be removed. The Rules in Chapter 4 – General Rules, Section 4C – Purpose of Earthworks Provisions shall not apply, unless the site is in a Plan Area;
  2. Removed soil shall be disposed of at a facility consented to receive such waste;
  3. The tank removal investigation, remediation, validation and management processes shall be carried out in accordance with the Ministry for the Environment Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand (1999) and Contaminated Land Management Guidelines for Reporting on Contaminated Sites in New Zealand (November 2003). This shall include the preparation of a tank removal report, a copy of which shall be provided to Council prior to work commencing. Work shall be completed in accordance with an Environmental Management Plan submitted to Council one week prior to the commencement of the works and to show how compliance is achieved with the permitted activity standards for noise and lighting;
  4. Associated temporary health and safety signage shall be removed from the site following the completion of operations, and the Rules in Chapter 4 – General Rules, Section 4D – Purpose of Sign Provisions, shall not apply;
  5. The ground shall be reinstated to a standard and state consistent with the adjacent ground;
  6. A report detailing the results of validation sampling shall be provided to the City Council within 60 days of receipt of laboratory results. 

Note: Activities that may be exempted under Rule 9A.3.2 - Activities Exempt from Completing an HFSP Assessment are also subject to the Permitted Activity Rules of each zone of the Plan unless otherwise stated.


9A.3.3 General Site Design

  1. Any part of a site where hazardous substances are used, stored, manufactured, mixed, packaged, loaded, unloaded or otherwise handled shall be designed, constructed and managed to prevent any adverse effects of the intended use from occurring outside the area where the particular activity is to be carried out;
  2. All stormwater grates on the site shall be clearly labelled "STORMWATER ONLY". 

9A.3.4 Spill Containment System

  1. Any part of the site, including vehicle accessways, where hazardous substances are used, stored, manufactured, mixed, packaged, loaded, unloaded, or otherwise handled shall be served by a spill containment system: 
    1. Constructed from impervious materials resistant to the hazardous substances;
    2. Able to meet Ministry for the Environment standards including NZS 8409:2004 Management of Agrichemicals or contain the maximum volume of the largest tank used, or where drums or other containers are used, able to contain half the maximum volume of substances stored, or complies with the Secondary Containment requirements of the Hazardous Substances Emergency Management Regulations as a means of compliance;
    3. Able to prevent any spill or other unintentional release of hazardous substances (including waste), and any stormwater and/or firefighting water that has become contaminated from discharging into or on to land and/or water (including stormwater, groundwater and potable water supplies), unless the discharge is permitted by a rule in a Regional Plan or Proposed Regional Plan or by a resource consent;
    4. Provided with a release mechanism for the drainage of the bunded areas that is secured to prevent unintentional release of contaminants into stormwater;
    5. Maintained to ensure it remains effective in the event of a spill.
  2. The collection of hazardous substances for disposal or subsequent use shall be in suitable containers that seal and contain the substances in a safe location as defined in Rule 9A.3.4 a) – Spill Containment System;
  3. Alternative Means of Compliance: LPG facilities for storage, use and retail activities that comply with AS/NZS 1596:2008 LP Gas Storage and Handling, and HSNO Act requirements and regulations are exempt from and Rule 9A.3.4 a), b) – Spill Containment System;
  4. Alternative Means of Compliance: Ground and pole mounted electrical transformers and/or switchgear containing less than 1,500 litres of transformer oil within the equipment that comply with the relevant industry standards (including the requirements for on-going maintenance and monitoring) are exempt from Rule 9A.3.4 a), b) – Spill Containment System. One means of achieving this is through compliance with Powerco’s Standards 393S030 Distribution Transformers – Specification – DOT and DUT or 393S066 Ground Mounted Switchgear – Distribution Standard and 393S106 Electricity Maintenance Standards – Overarching Structure AEN. 

9A.3.5 Washdown Areas

  1. Any part of a site where washing of vehicles, equipment or containers which have or may have been contaminated shall be designed, constructed and managed to prevent the effluent from the washdown area from:
    1. Entering or discharging into the stormwater or sewerage network, unless pursuant to a trade wastes consent;
    2. Discharging on to land and/or into water (including groundwater and potable water supplies) unless the discharge is permitted by a rule in the Bay of Plenty Regional Council Regional Water and Land Plan or by resource consent.
  2. Alternative Means of Compliance: LPG facilities for storage, use and retail activities that comply with AS/NZS 1596:2008 LP Gas Storage and Handling, and HSNO Act requirements and regulations are exempt from Rule 9A.3.5 a) – Washdown Areas.

9A.3.6 Underground Storage Tanks

Underground tanks for the storage of petroleum products shall be designed, constructed and managed in accordance with:

  1. The Code of Practice for Design, Installation and Operation of Underground Petroleum Systems, Department of Labour - Occupational Safety and Health (1995);
  2. Any requirements of the HSNO Act and regulations. 

9A.3.7 Warning Signs

Any hazardous substance facility shall be adequately signed to indicate the nature of substances stored, used or otherwise handled on the site in accordance with:

  1. The Environmental Risk Management Authority (ERMA) approved Code of Practice for Signage for Premises Storing Hazardous Substances and Dangerous Goods HSNO COP 2-1 09-04;
  2. Any requirements of the HSNO Act and regulations. 

9A.3.8 Waste Management of Hazardous Substances

  1. The storage or processing of any contaminated waste containing a hazardous substance shall comply with any relevant requirement in the HSNO Act and Regulations, and NZS 8409:2004 Management of Agrichemicals.
  2. Any process waste or waste containing hazardous substances shall be managed to prevent the waste:
    1. Entering or discharging into a stormwater or sewerage network, unless pursuant to a trade wastes consent;
    2. Discharging on to land and/or into water (including groundwater and potable water supplies), unless the discharge is permitted by a rule in the Bay of Plenty Regional Council Regional Water and Land Plan or by a resource consent, or complies with Appendix S of NZ8409:2004 Management of Agrichemicals. 
  3. The storage of any contaminated waste containing a hazardous substance(s) shall prevent:
    1. Exposure to ignition sources;
    2. Corrosion or other alteration of the containers used for the storage of the waste;
    3. Unintentional release of the waste into the surrounding natural environment.
    4. Any facility generating waste containing hazardous substances shall dispose of these wastes to an authorised disposal facility or a facility permitted by a resource consent. 

9A.3.9 Separation from Water Resources

  1. All storage facilities containing hazardous substances shall be bunded and set back a minimum of 30 metres from coastal water or a water body, except as otherwise provided for in the Plan where a greater separation distance is required. A water body means freshwater or geothermal water in a river or modified watercourse, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area. In the case of separation from an aquifer, the 30 metres is to be measured from any well head or point of access used for the abstraction of water (irrigation, commercial, domestic, potable) from known aquifers. 
  2. Alternative Means of Compliance: LPG facilities for storage, use and retail activities that comply with AS/NZS 1596:2008 LP Gas Storage and Handling, and HSNO Act requirements and regulations are exempt from Rule 9A.3.9 a) – Separation from Water Resources.
  3. Alternative Means of Compliance: Tanks for the storage of petroleum products, including diesel, that comply with the following are exempt from Rule 9A.3.9 a) – Separation from Water Resources:
    1. Code of Practice for Design, Installation and Operation of Underground Petroleum Systems, Department of Labour – Occupational Safety and Health (1995); or
    2. Above-Ground Bulk Tank Containment Systems – Environmental Guidelines for the Petroleum Marketing Oil Companies (MfE 1995); and
    3. ERMA: The Code of Practice for the Management of Existing Stationary Container Systems up to 60,000L Capacity, 2008, where applicable.
  4. Alternative Means of Compliance: Wharflines for the conveyance of petroleum products, including diesel, that comply with the following are exempt from Rule 9A.3.9 a) – Separation from Water Resources:
    1. ERMA: Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 – Controls for Stationary Container Systems – Pipe Work; and
    2. Health and Safety in Employment (Pressure Equipment, Cranes and Passenger Ropeways) Regulations 1999, where applicable.
  5. Alternative Means of Compliance: Pipelines for the conveyance of petroleum products, including diesel, that comply with the following are exempt from Rule 9A.3.9 a) – Separation from Water Resources:
    1. ERMA: Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 – Controls for Stationary Container Systems – Pipe Work; and
    2. Health and Safety in Employment (Pressure Equipment, Cranes and Passenger Ropeways) Regulations 1999, where applicable. 

9A.3.10 Rules in Other Sections of the Plan

Activities within any zone shall also comply with the following Permitted Activity Rules found within other Chapters of the Plan, where relevant:

  1. The provisions of Chapter 4 – General Rules;
  2. The provisions of Chapter 7 – Heritage;
  3. The provision of Chapter 8 – Natural Hazards;
  4. The provisions of Chapter 11 – Financial Contributions;
  5. The provisions of Chapter 12 – Subdivision, Services and Infrastructure, Section 12G – Purpose of Service and Infrastructure Provisions;
  6. The provisions of any Plan Area

 

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