Basic NEScessities of Life
The first 2 months of implementation
February 2012
James Corbett, Auckland Council
Penny Kneebone, Tonkin & Taylor Ltd.
AbstractThe 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.
Outline
Auckland Council
NES and its application
The first 2 months: Auckland Council, consultants, EHOs
Discussion
Auckland Council - A Unified Future with the NES
• 1 Regional Plan• 7 Territorial/City Plans UNITARY PLAN
NES
Nov 2011 2013 (?)
Pre Auckland Council Auckland Council today
Auckland Council of future
Rodney
Franklin
Auckland City
Papakura
Manukau
Waitakere
North Shore
Auckland Regional
Unitary Council
Nov 20
10
Size & Complexity Auckland Council
Service Delivery
Operations (LCPM)
Regulatory (Regional & Territorial)
Service Specification
Policy (Spatial Plan &Unitary Plan)
Largest Council in AustralasiaAbout 8,500 staffOver 1.4M served
Specification: Policies, PlansDelivery: Enforcement, Services
Land Contamination Specialists
Land Management Operations Parks, Stormwater, Property, othersCCOs e.g. ACPL, WDA, AT
What does the NES do?• Protects Human Health• Appropriate identification 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?
Main changes• Nationally consistent
planning controls
• Nationwide Soil Contaminant
Values
• Activity categories; triggers
for activities
• Information baseline
• Incorporates Guidelines by
reference
Consultant issues in first 2 months• PSI/DSI o suitably qualified environmental professionalo 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
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
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?
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
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
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
As (mg/kg)
2,290 Max
80 Auckland City
100 NES
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
Case Study: Stokes Pointmg/kg Max Mean 95% UCL ACC HHRA NES
Lead 840 162 220 600 4,000 880
BaP 83 7.1 10 2 21 40
No gross contaminationHotspots concentrations were too high to disregardNES would not have changed the work planIf lead concentrations had been higher, the NES would have required extensive remediation
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