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Basic NEScessities of Life The first 2 months of implementation February 2012

Basic NEScessities of Life The first 2 months of implementation February 2012 James Corbett, Auckland Council Penny Kneebone, Tonkin & Taylor Ltd. Abstract.

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Basic NEScessities of Life The first 2 months of implementation February 2012

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  1. Basic NEScessities of Life The first 2 months of implementation February 2012 James Corbett, Auckland Council Penny Kneebone, Tonkin & Taylor Ltd.

  2. Abstract The new Auckland Council is assessing how the contaminated land rules for each of the seven legacy district council plans and the regional plan can be amalgamated. That process now needs to account for the introduction of the proposed National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES), introduced in January 2012. • This paper reviews the impact the NES is likely to have on policy, regulation and operations. • Does the NES clarify the management of land contamination?   • Does it make consenting easier, or more complex? • Is it likely to result in more remedial works or less? • What issues have arisen for Council and contaminated land practitioners? • Discussion of EHO experiences with the NES to date.

  3. Outline

  4. Auckland Council - A Unified Future with the NES Nov 2010 • UNITARY PLAN • 1 Regional Plan • 7 Territorial/City Plans • NES Auckland Council today Auckland Council of future Pre Auckland Council Auckland City Waitakere Unitary Council Rodney Papakura Franklin Manukau Auckland Regional North Shore

  5. Size & Complexity Parks, Stormwater, Property, others CCOs e.g. ACPL, WDA, AT

  6. What does the NES do? • Protects Human Health • Appropriateidentification and assessment of contaminated land before it is developed • TAs to give effect to/enforce • Overlay plan chapter • Imposes timing / costs • Requires more information • May not be welcome in areas where information requirements or rules have been less visible • Not retrospective • Rapid introduction - surprised?

  7. Main changes • Nationally consistent planning controls • Nationwide Soil Contaminant Values • Activity categories; triggers for activities • Information baseline • Incorporates Guidelines by reference

  8. Consultant issues in first 2 months • PSI/DSI • suitably qualified environmental professional • cost estimates • Rules interpretation • Change in land use e.g. drycleaner changing to a takeaway • Production land e.g. fruit processing plant on orchard • Early discussions with Council to confirm activity status and information requirements • Review previous assessments

  9. Council impacts in first 2 months • Training • Process - mapping; no integration; Planners identify NES application; EHOs status • Operational policies – reject where no reference to NES • Communication – between departments; customers • Information management: resources, legacy systems • Issues • Alternate methods – discr default • Conflict Regnl Rules Tank pulls • Default land use categories

  10. EHO issues in first 2 months Q’s, Confusions, Conspiracies: • Are you coping with the change? • What don’t you get? • What would you like assistance with? • Where do you see the greatest challenges? • What experiences can you tell us all about? • Any tips?

  11. CASE STUDIES

  12. Case Study: Omana Sheep Dip • About 15m long, 1m wide and 1.5m deep • a few metres from the beach at Maraetai • Historically significant feature • Used in the 1930s • High use reserve

  13. Case Study: Omana Sheep Dip • Investigations • Preliminary Region-wide Sheep Dip Study • Detail Site Investigation • Contaminants • Arsenic • Remedial Works • Temporary fencing • Removal of contaminated material

  14. Case Study: Omana Sheep Dip

  15. Case Study: Omana Sheep Dip Remediation • Work plan unlikely to have been changed Consent required • Restricted discretionary for works near tree & stream • Restricted discretionary for disturbance & exceeding SCS

  16. Case Study: Stokes Point • Investigations • Preliminary Soil Sampling • Detailed Site Investigation • Human Health Risk Assessment • Contaminants • Lead • BaP • Remedial Works • Temporary fencing • Hot spot isolation

  17. Case Study: Stokes Point

  18. Case Study: Stokes Point No gross contamination Hotspots concentrations were too high to disregard NES would not have changed the work plan If lead concentrations had been higher, the NES would have required extensive remediation

  19. Conclusion • The NES will enable Auckland Council to more effectively manage human health risks consistently across the region • Key factors for success include: • information management, • process integration, • training • Cost impact on remediation programme • potentially minimal for most contaminants • HHRA for default land use categories increases cost

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