Bylaws Part 18: Trade Waste Bylaw 2008

Home : Policies and Plans : Bylaws : Bylaws Part 18: Trade Waste Bylaw 2008

IN THIS SECTION
	Chapter One - Trade Waste Bylaw
	Chapter Two - Trade Waste Consents
	Schedules

FOREWORD

The Hastings District Council’s (Council) Hastings Wastewater System (Wastewater System) services the residential, commercial and industrial areas in the main urban centres of the Hastings district in 2001, and may be extended to other areas at some future time.

The discharge of human wastes into the marine waters of Hawke Bay is culturally offensive to Tangata whenua.  Appropriate treatment for the domestic sewage will be implemented over time. Some trade wastes will not need to go through the treatment plant.

For this reason the separate conveyance and treatment of trade waste containing no human wastes will be available in some locations within the next few years.

The treated discharge from the wastewater system is made into the marine waters of Hawke Bay through the long ocean outfall located at East Clive.

The Resource Consent (coastal permit) issued under the Resource Management Act 1991 permitting this discharge contains a number of specific conditions that limit what may be discharged into the marine environment.

These conditions and limits are set in order that any significant adverse effects of the discharge on the marine environment can be avoided, remedied or mitigated.

For these and other reasons as summarised below, it is important that Council have an effective trade waste management procedure in place.

It is also most important that the trade waste dischargers fully appreciate the need for these procedures and the responsibilities they have not only to the environment, but also to the safety of people and the protection of the Wastewater System itself.

The reasons include:-

• Protecting public health;

• Protecting the health and safety of Council personnel and the Council’s agents;

• Providing security of Council’s Wastewater System;

• Enabling the Council to meet its obligations under the Resource Management Act 1991, Local Government Act 2002, and the Health and Safety in Employment Act 1992;

• Protecting the Council’s investment in the existing Wastewater System and any future infrastructure, treatment plants and disposal facilities;

• Protecting the wider environment including the marine environment of Hawke Bay into which Council’s wastewater is discharged;

• Detailing the responsibilities of both the Council and the customers (trade waste dischargers) with respect to the Wastewater System;

• Detailing mechanisms for the recovery of the costs of receiving, treating and disposing trade wastes and providing for an equitable sharing of costs between domestic and trade discharges; and

• Detailing breaches and offences and providing a disputes procedure.

This Bylaw aims to achieve these purposes and should be read in conjunction with the Acts, Regulations, Codes and Standards listed in the Bylaw.  This Bylaw is generally based on NZS 9201:Part 23:1999 Model General Bylaws- Part 23 – Trade Waste.

In order to assist the occupiers of premises who are discharging, or may wish to discharge, trade wastes Council has published an information booklet titled: “The Hastings Wastewater System - The Importance and Management of Trade Waste”.

The purpose of that booklet is to highlight the importance of trade waste management and guide the occupier of premises discharging or considering discharging trade wastes.  Much of the booklet’s content is in the form of guidelines and as such it supplements this (legal) Bylaw.

The booklet, being informative and non-statutory, does not in any way replace the need for, nor requirements of this Bylaw or of the consent procedures pursuant to it.

CHAPTER ONE: TRADE WASTE BYLAW

Introduction

This Bylaw covers the discharge of trade waste to the Hastings District Council’s Wastewater System.

Short Title

The title of this bylaw is the Hastings District Council Trade Waste Supply Bylaw 2008, being part 21 of the Hastings District Council Bylaws.

Date of Operation

This bylaw comes into force on 19 June 2008 and the Trade Waste Bylaw being Part 21 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

Local Government Act

This Bylaw is made under the authority of Section 146 (a)(iii) of the Local Government Act 2002.

The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

Compliance with other Acts

Nothing in this Bylaw shall derogate from any of the provisions of the Health Act 1956, Resource Management Act 1991, the Building Act 2004, the Hazardous Substances and New Organisms Act 1996, or any other relevant statutory requirements.  In the event of any inconsistency between legislation the more stringent requirement applies.

Trade Premises and Other Users to Which the Bylaw Applies

This Bylaw shall apply to all trade premises within the Hastings District where trade wastes are discharged or sought to be discharged to the Wastewater System operated by Hastings District Council or its agents.  The Bylaw shall also apply to tankered wastes collected from premises outside the wastewater systems operated by Hastings District Council or its agents.

Purpose

The purpose of this Bylaw is to establish standards for trade wastes and facilitate the management, on behalf of the Council, of the disposal of the trade wastes into the Wastewater System.
Note: See the definitions in section 1.2.

General Policy

The general policy of the Council is wherever possible to provide a service to existing and future trade premises within the District for the discharge of their trade wastes to its existing and proposed Wastewater System.

Occupiers of existing, or future, trade premises considering discharging large volumes of trade waste and/or significant quantities or concentrations of solids or chemicals should seek information from Council at an early stage regarding the adequacy of the public sewers and the factors associated with the use of the separable part of the wastewater system.

If the public sewers are of insufficient capacity at any point in the system the Council may not be able to accept the trade wastes except under restricted conditions.

Occupiers should also note that the Council may refuse to dispose of any type of trade wastes which is, in the opinion of the Council, not suitable for discharge into its wastewater system for the disposal of trade wastes.

Tankered waste shall be accepted at the disposal system at the Council’s East Clive facilities in accordance with the provisions of this Bylaw.

1.2 Interpretation

For the purposes of this Bylaw the following definitions shall apply:

ACCESS POINT is a place where access may be made to a private drain for inspection (including sampling or measurement), cleaning or maintenance. The location of the access point shall be in accordance with the New Zealand Building Code at its time of construction.

APPROVAL or APPROVED means approval or approved in writing by the Council, either by resolution of the Council or by an authorised officer.

authorised officer means any officer appointed by the Territorial Authority under section 177 of the Local Government Act 2002 as an enforcement officer with powers of entry as prescribed by sections (s.s)171-174.

APPROVED STORMWATER AREA means the area from which stormwater is permitted to enter the Wastewater System from trade premises.  This area is to be delineated in the specific conditions stated in the conditional consent for thoset premises.

BIOSOLIDS means wastewater sludge treated sufficiently so as to be suitable for beneficial re-use.

CHARACTERISTIC means any of the physical or chemical characteristics of a trade waste.

CLEANER PRODUCTION means the implementation at trade premises, of effective operations, methods and processes appropriate to the goal of reducing or eliminating the quantity and toxicity of wastes.

CONDENSING WATER or COOLING WATER means any water used in any trade, industry, or commercial process or operation in such a manner that it does not take up matter into solution or suspension.

CONDITIONAL TRADE WASTE DISCHARGE means a trade waste discharge that meets all conditions of Schedule 1A unless these are varied by the Council in the consent. This waste is likely to be accepted by the Council, but the Council reserves the right to refuse consent to a Conditional Trade Waste discharge. A consent is required to be issued for Conditional Trade Waste discharges.

CONSENT means a consent in writing given by the Council signed by an authorised officer authorising a Trade Waste Consent Holder to discharge wastewater to the Wastewater System.

CONTAMINANTS includes any substance (including gases, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat:

(a) when discharged into water, changes or is likely to change the physical, chemical, or biological condition of water into which it is discharged; or

(b) when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which is discharged.

CONTINGENCY MANAGEMENT PROCEDURES  means those procedures developed and used to avoid, remedy, or mitigate the actual or potential adverse effects on the environment from an unexpected or unscheduled event resulting in discharge, or potential discharge of contaminants of concern into the Wastewater System.

COUNCIL means the Hastings District Council or its agent that is delegated or contracted to run, monitor and manage wastewater systems on behalf of the Hastings District Council.; wastewater authority.

DISCHARGE MANAGEMENT PLAN means the plan approved by the Council after preparation by the Trade Waste Consent Holder by whom a Conditional Consent is required for the monitoring, programming and controlling by the Trade Waste Consent Holder, of the sources of trade waste from the Trade Waste Consent Holder’s premises, so that the discharge to the wastewater system complies with the Council’s requirements.

For those conditional trade waste discharges where an accidental or abnormal discharge would create a significant risk to the health or safety of any person or the Wastewater System or the physical environment this plan shall include contingency management procedures.

These shall adequately cover the planned responses and facilities in place and otherwise available to allow appropriate management of unscheduled, unexpected or accidental events.  The specific requirements for the contents and substance of a discharge management plan shall be specified in the conditional consent conditions.

DISCONNECTION means the physical cutting off and/or sealing of a drain from premises.

DOMESTIC SEWAGE means liquid wastes (including matter in solution or suspension therein) discharged from premises used solely for residential purposes, or wastes of the same character discharged from other premises (including rest homes, hotels, motels) and includes human wastes; but does not include any solids, liquids, or gases that may not lawfully be discharged into sewerage drains controlled by a local authority.

DRAIN means that section of private drain between the Trade Waste Consent Holder’s premises and the point of discharge through which wastewater is conveyed from the premises to the wastewater system. This section of drain shall be owned and maintained by the owner, occupier, or Trade Waste Consent Holder.

ENVIRONMENTAL MANAGEMENT PLAN means the Plan of this title developed by Council for the Wastewater System.

HUMAN WASTES means human excreta, blood and other bodily fluids and discharges.

MASS LIMIT means the total mass of any characteristic that may be discharged to the wastewater system over any stated period from any single point of discharge or collectively from several points of discharge.

MAXIMUM CONCENTRATION means the instantaneous peak concentration that may be discharged at any instant in time.

OCCUPIER means the person occupying premises.

PEAK FLOW means the highest average flow rate in any two hourly period during a 24 hour day.

PERMITTED TRADE WASTE DISCHARGE means a trade waste discharge that is permitted on confirmation that such discharge has been approved by the  Council, and as long as it meets all of the requirements of the Council’s standard as defined in Schedule 1A of this Bylaw and does not include any of:

• a discharge with an average 24 hour flow volume of greater than 5 cubic meters, calculated over a six month period,

• a discharge with a maximum instantaneous flow rate greater than 2.0 litres per second,

• tankered waste,

• discharge which includes solid waste from refuse, garbage grinders or waste masters, or

• stormwater, condensing or cooling water.

PERSON includes a corporation sole and also a body of persons whether incorporated or unincorporated.

POINT OF DISCHARGE is the boundary between the wastewater system and a private drain.

PREMISES means:

(a) A property or allotment which is held under a separate certificate of title or for which a separate certificate of title may be issued and in respect to which a building consent has been or may be issued, or

(b) A building that has been defined as an individual unit by a cross-lease, unit title or company lease and for which a certificate of title is or could be available, or

(c) Land held in public ownership (e.g. reserve) for a particular purpose, or

(d) Individual units in buildings which are separately leased or separately occupied.

PROHIBITED TRADE WASTE means a trade waste that has prohibited characteristics as defined in Schedule 1B and does not meet the conditions of Schedule 1A.  The waste is not acceptable for discharge into Council’s Wastewater System unless specifically approved by Council.

PUBLICLY NOTIFIED means published on at least one occasion in a newspaper circulating in the Council’s wastewater drainage area, or under emergency conditions by the most practical means available at that time.

SCHEDULE OF RATES AND CHARGES means the list of items, terms and prices for services associated with the discharge of wastewater as approved by the Council.

SEPARABLE TRADE WASTE – where separable wastewater system pipelines are available then trade waste with the approval of Council may be discharged to the separate trade waste system.  The discharge shall comply with either permitted or controlled criteria and in addition shall contain no domestic sewage or human wastes.  Such discharges shall be called either “Permitted-Separable” or “Conditional-Separable”.

SEWER means that section of public sewer downstream of the point of discharge. This section of sewer is owned and maintained by the Council or its agent.

SLUDGE means material settled out from wastewater during a treatment process.

STANDARD METHODS FOR THE EXAMINATION OF WATER AND
WASTEWATER means the 19th edition as published by the American Water Works Association (AWWA)/American Public Health Association.

STORMWATER means all surface water run-off resulting from rainfall.

Temporary Discharge means a trade waste discharge of an intermittent or short duration and also an intermittent or short term discharge of an unusual waste by a Trade Waste Consent Holder with an existing consent, and is permitted on confirmation that such discharge has been approved by the Council.

TANKERED WASTE is water or other liquid, including waste matter in solution or suspension, which is conveyed by vehicle for disposal. It does not include domestic sewage from house buses, caravans, buses, and similar vehicles.

TRADE PREMISES means any premises used or intended to be used for carrying on any business, trade or industry (including those specified in section 1C of this Bylaw), and includes any land or premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes.

TRADE WASTE is any liquid, with or without matter in suspension or solution, that is or may be discharged from a trade premises in the course of any business, trade or industrial process or operation, or in the course of any activity or operation of a like nature; but does not include condensing or cooling waters, stormwater, or domestic sewage.

TRADE WASTE CONSENT HOLDER means the person occupying trade premises who discharges or has obtained a consent to discharge or direct the manner of discharge of wastewater from any premises to the Council’s Wastewater System, and includes any person who does any act on behalf or with the express or implied consent of the Trade Waste Consent Holder (whether for reward or not) and any licensee of the Trade Waste Consent Holder.

WASTEWATER means water or other liquid, including waste matter in solution or suspension, discharged from premises to the Wastewater System.

WASTEWATER SYSTEM means the Council’s infrastructure that collects, conveys, treats and discharges the wastewater into the marine environment through the ocean outfall off East Clive.  This infrastructure includes the public sewers, trunk mains, pumping stations, milliscreening and other facilities to enable collection, treatment and disposal of treated wastewater. 

The separable part of the Wastewater System which shall receive separable trade waste only shall bypass the treatment system for domestic and non-separable industries but will be milliscreened.  The Wastewater System shall also include any future Council owned and operated reticulated sewage schemes that may be installed.

Working day means any day of the week other than

(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

(b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year.

1.3 Classification of Trade Waste Discharges

1.3.1 Trade waste discharges shall be classified as one of the following main types:

(a) Permitted,
(b) Conditional, and
(c) Prohibited.

Note:   See the definitions in section 1.2.

1.3.2  Separable Trade Waste

Where a separate trade waste pipeline is available then trade waste with the approval of Council may be discharged to the Separate Trade Waste system.  The discharge shall comply with either the “Permitted” or “Conditional” criteria and in addition shall contain no domestic sewage or human wastes.  Such discharges shall be called either “Permitted-Separable” or “Conditional-Separable”.

1.3.3

No person shall discharge, or cause to be discharged, any trade waste to the Wastewater System except in accordance with the provisions of this Bylaw.

1.4 Storage of Hazardous Materials

The Trade Waste Consent Holder shall not store raw material, products or wastes containing corrosive, toxic, biocidal, radioactive, flammable, or explosive materials, nor any material which when mixed with the wastewater stream is likely to generate toxic, flammable, explosive or corrosive materials in quantities likely to be hazardous, nor any other material likely to be deleterious to or create a significant risk to the health or safety of any person or the Wastewater System or the physical environment, without taking all reasonable steps to prevent entry into the Wastewater System from leakage, spillage or other mishap.

The Trade Waste Consent Holder must also comply with requirements of the Resource Management Act 1991 and/or Hazardous Substances and New Organisms Act 1996.

1.5 Application for a Trade Waste Consent

1.5.1 Application form

1.5.1.1 Every occupier of trade premises proposing to:

(a) Discharge into the  Wastewater System any trade waste, or

(b) Vary the characteristics of a trade waste discharge that has previously been registered or granted in a consent, or

(c) Vary the conditions of a conditional consent to discharge any trade waste that has previously been granted,

shall, in such form as may be prescribed from time to time by an authorised officer, complete an application for the consent of the Council to the discharge of that trade waste, or to the proposed variations.

1.5.1.2 The Council reserves the right to deal with the owner or other occupier of any premises as well as or instead of the Trade Waste Consent Holder.

1.5.1.3 Where any trade premises produces trade waste from more than one area, a separate copy of the “Description of Trade Waste and Premises” shall be included in any application for trade waste discharge for each area. This applies whether or not the separate areas are part of a single or separate trade process.

1.5.1.4 The applicant for consent under this Bylaw shall ensure that the application and every other document conveying required information is properly executed and any act done for or on behalf of the eventual Trade Waste Consent Holder (whether for reward or not) in making any such application shall be deemed to be an act of the Trade Waste Consent Holder.

1.5.1.5 The Council may require an application to be supported by an independent and external auditor to verify any or all information supplied by the applicant, and/or any “Discharge Management Plan”.

1.5.1.6 Every occupier of trade premises proposing a Temporary Discharge shall, in such form as may be prescribed from time to time by an authorised officer, complete an application for the consent of the Council to the Temporary Discharge.

1.5.2 Acknowledgement

The Council shall acknowledge receipt of the application in writing within 10 working days of the receipt of the application with an indication when the decision will be made.

1.5.3 Information and Analysis

1.5.3.1         

On the receipt of any application for a consent to discharge from any premises or to alter an existing discharge, the Council may:

(a) Require the applicant to submit any additional information which it considers necessary to make an informed decision, and

(b) The Council may require an applicant to provide  analytical details of the contaminant to be discharged.  This information shall be determined in accordance with the provisions of 1.9.4, 1.9.5 and 1.9.6 of this Bylaw.

1.5.4 Consideration of an Application

If possible, within 15 working days of receipt of an application complying with this Bylaw and/or all requirements under 1.5.3, whichever is the later, the Council shall, after considering the matters in 1.5.5 do one of the following in writing:

(a) Decline the application and inform the applicant of the decision giving a statement of the reasons for refusal, or

(b) Grant the application as a permitted trade waste discharge consent and inform the applicant of the decision by issuing the appropriate notice of consent to the discharge, or

(c) Grant the application as a conditional trade waste discharge consent and inform the applicant of the decision and the conditions imposed on the discharge by issuing the appropriate notice of consent to the discharge.

1.5.5       Consideration Criteria

In considering any application for a consent to discharge trade wastes from any trade premises into the Wastewater System and in imposing any conditions on such a consent, the Council shall take into consideration the quality, volume, the possibility of separating the human wastes from the trade waste and rate of discharge of the trade waste from such premises in relation to:

(a) The health and safety of Council staff, Council’s agents and the public, and

(b) The limits and/or maximum values for characteristics of trade waste as specified in Schedules 1A and 1B of this Bylaw, and

(c) The extent to which the trade waste may react with other trade waste or domestic sewage to produce an undesirable effect, e.g.: settlement of solids, production of odours etc., accelerated corrosion and deterioration of the wastewater system, and

(d) The flows and velocities in the sewer, or sewers and the material or construction of the sewer or sewers, and

(e) The capacity of the sewer or sewers and the capacity of any wastewater treatment works and other facilities, and the timing of the trade discharge into the Wastewater System, and

(f) The nature of any wastewater treatment process and the degree to which the trade waste is capable of being treated in the wastewater treatment works, and

(g) The effect of the trade waste discharge on the receiving environment, and

(h) Cleaner technology and waste minimisation provisions in place or planned, and

(i) The contents of the Discharge Management Plan, and

(j) The conditions on Council’s Resource Consents for the Wastewater System, and

(k) The possibility of unscheduled, unexpected or accidental events and the degree of risk these could cause to humans, the Wastewater System and the environment, and

(l) Any statutory requirements relating to the discharge of raw or treated wastewater to receiving waters, the disposal of sewage sludges, and any discharge to air (including the necessity for compliance with the Resource Management Act 1991, any coastal permit, resource consent, discharge permit or water classification), and

(m) Consideration for other existing or future discharges.

1.6   Conditions of Trade Waste Consent

Any consent to discharge may be granted subject to such conditions the Council may impose, including but not limited to:

(a) The particular public sewer or sewers and other facilities to which the discharge will be made, and

(b) The maximum daily volume of the discharge and the maximum rate of discharge, and the duration of maximum discharge, and

(c) The maximum limit or permissible range of any specified characteristics of the discharge, including concentrations and/or mass limits determined in accordance with 1.9.3, and

(d) The period or periods of the day during which the discharge, or a particular concentration, or volume of discharge may be made, and

(e) The degree of acidity or alkalinity of the discharge at the time of discharge, and

(f) The temperature of the trade waste at the time of discharge, and

(g) The provision and implementation of a Discharge Management Plan designed to ensure proper control is maintained over all processes and facilities contributing or likely to contribute to the trade waste stream, and

(h) The provision and maintenance by the Trade Waste Consent Holder, at the Trade Waste Consent Holder’s expense, of screens, grease traps, silt traps or other treatment and flow control works as described in the Discharge Management Plan or the consent to prevent or control the discharge, and

(i) The provision and maintenance at the Trade Waste Consent Holder’s expense of inspection chambers, manholes or other apparatus or devices to provide reasonable access to drains for sampling and inspection, and

(j) A sampling and testing programme and flow measurement requirements, and

(k) Which of the methods set out in 1.9.4, 1.9.5 and 1.9.6 are to be used for measuring flow rates and taking samples of the discharge for use in determining the amount of any trade waste charges applicable to that discharge, and

(l) The provision and maintenance by and at the expense of the Trade Waste Consent Holder of such meters or devices as may be required to measure the volume or flow rate of any trade waste being discharged from the premises, and for the certification of such meters, and

(m) The provision and maintenance, at the Trade Waste Consent Holder’s expense of such services, (whether electricity, water or compressed air or otherwise), which may be required, in order to operate meters and similar devices, and

(n) The provision in a Council approved electronic form by the Trade Waste Consent Holder to the Council of all flow and/or volume records and results of analyses, and

(o) The provision and implementation of a Cleaner Production programme to reduce and improve the trade waste quality or quantity and reduce the risk profile, and

(p) The provision of a risk assessment of the probability and adverse consequences of an unscheduled, unexpected or accidental event taking place that affects the trade waste discharge.  The context of the assessment should include consequences to humans, the wastewater system, Council’s Resource Consents for the Wastewater System, and the environment, and

(q) The provision in the Discharge Management Plan of specific contingency measures put in place to cover unscheduled, unexpected, or accidental events that could pose risks to humans, the wastewater system or the environment.

1.7   Duration

1.7.1 Permitted Consents

Permitted Trade Waste Acceptances shall remain in force indefinitely until either:

(a) The quantity and nature of the discharge changes significantly, or

(b) The discharge changes to such an extent it becomes a conditional trade waste, or

(c) The owner or occupier of the premises changes, or

(d) The Council changes the trade waste management procedures by implementation of changed Trade Waste Bylaw conditions or any amendment to or replacement of its Trade Waste Bylaw, or

(e) Cancellation under 1.15

In any of these cases the Trade Waste Consent Holder shall apply, within 14 days of the change occurring, for a new permitted or if applicable a new conditional consent.

1.7.2 Conditional Consents

Subject to 1.8 and 1.15, conditional consents under this Bylaw shall expire at the end of a term fixed by the Council subject to the following:

(a) Conditional consents may be given for a term not exceeding 5 years to a Trade Waste Consent Holder who at the time of application satisfies the Council that:

(i) The nature of the trade activity, or the process design and/or management of the premises are such that the Trade Waste Consent Holder has a demonstrated ability to meet the conditions of the consent during its term, and/or

(ii) Cleaner production techniques are successfully being utilised, or that a responsible investment in cleaner production equipment or techniques is being made, and/or

(iii) Significant investment in pre-treatment facilities has been made, such that a longer period of certainty for the amortising of this investment is considered reasonable.

Notwithstanding the above the Council retains the right to review the conditions at an earlier time.  The reasons for such an earlier review could include:

• The level of Trade Waste Consent Holder compliance, including any accidents including spills or process mishaps.
• Matters pertaining to Council’s resource consents for the Wastewater System.
• Matters pertaining to Council’s environmental policies and outcomes.
• New control and treatment technologies and processes.
• Any of the matters outlined in 1.7.1.
• Matters pertaining to Council’s legal obligations.

(b)  In all other cases the term of a Conditional Trade Waste consent shall not exceed 2 years.

(c)  In all cases where either the occupier or the owner of the premises changes, or there is a change of use, a new application for a Conditional Trade Waste consent shall be made.  It shall be the responsibility of the Trade Waste Consent Holder to lodge the new application.

1.8   Technical Review and Variation

The Council may at any time during the term of a consent, by written notice to the Trade Waste Consent Holder (following a reasonable period of consultation), vary any condition to such extent as the Council considers necessary to meet any new resource consentor new resource consent condition imposed on the discharge, or discharges from the Council’s treatment plant, or change in Council’s environmental policies and procedures, or with any other legal requirements imposed on the Council.

The holder of a consent to discharge may at any time during the term of a consent, by written application to the Council, seek to vary any condition of consent, as provided for in 1.5.1 of this Bylaw.

The Council may at any time during the term of a consent, by written notice to the Trade Waste Consent Holder (following a reasonable period of consultation) vary any condition of consent following a review of the technical issues considered when setting conditions of consent, due to new information becoming available and/or changes in the Council’s resource consent conditions.

1.9 Acceptance Standards

1.9.1 Trade Waste Consent Holder’s Own Pre-Acceptance Treatment

The Council may grant a consent to discharge subject to the provision and maintenance by the Trade Waste Consent Holder, at the Trade Waste Consent Holder’s expense, of screens, grease traps, silt traps or other partial, preliminary, or more extensive treatment processes, equipment or storage facilities, to regulate the quality, quantity and rate of discharge or other characteristic prior to the point of discharge.

The inclusion of such provisions in a consent, and in Schedule 1A, shall not relieve the Trade Waste Consent Holder of its obligations to meet the specific contaminant levels specified.

Such provisions and maintenance requirements may include those required as part of contingency management procedures that shall be put into place to safeguard against unscheduled, unexpected or accidental activities that pose risks to humans, the Wastewater System or the environment.

1.9.2 Refuse Grinders

Refuse, garbage grinders or waste masters shall not be used to dispose of solid wastes from trade premises to the Wastewater System unless approved by the Council.

1.9.3 Mass Limits

1.9.3.1          

A conditional trade waste consent may impose specific mass limits for any contaminant.

1.9.3.2          

Mass limits may be imposed for any characteristic. Any characteristic controlled by mass limit shall also have its maximum concentration limited to the value scheduled unless approved otherwise.

1.9.3.3          

When setting mass limit allocations for a particular characteristic the Council shall consider:

(a) The risk to the wastewater system, occupational health and safety and public health, and

(b) Conditions in the wastewater system near the trade waste discharge point and elsewhere in the wastewater system, and

(c) The extent to which the available industrial capacity was used in the last financial period and is expected to be used in the forthcoming period, and

(d) Whether or not the applicant uses cleaner production techniques, and

(e) Whether or not the applicant has established to the satisfaction of the Council a programme to achieve cleaner production techniques within a period satisfactory to the Council, and

(f) Whether or not there is any net benefit to be gained by the increase of one characteristic concurrently with the decrease of another to justify any increased application for industrial capacity, and

(g) Any requirements of the Council to reduce the contaminant discharged from its Wastewater System, and

(h) How great a proportion the mass flow of a characteristic of the discharge will be of the total mass flow of that characteristic in the wastewater system, and

(i) The total mass of the characteristic allowable in the wastewater system, and the proportion (if any) to be reserved for future allocations, and

(j) Whether or not there is an interaction with other characteristics which increases or decreases the effect of either characteristic on the sewer reticulation, treatment process, beneficial or otherwise of sludges or biosolids, or receiving water (or land), and

(k) The Hastings District Council’s Resource Consent conditions for discharge of wastewater to the marine environment and any other consents, and the individual containment parameters included in these consents.

1.9.4 Flow Metering

1.9.4.1          

Flow metering shall be required:

(a) On conditional discharges when there is not a reasonable relationship between a metered water supply to the premises, and the discharge of trade waste,

(b) When the Council will not approve a method of wastewater flow estimation, and

(c) When the peak flow may exceed 10 litres per second.

The Trade Waste Consent Holder shall be responsible for the cost for the supply, installation, maintenance and calibration of any meter required by the Council for the measurement of the rate or quantity of discharge of trade waste.

These devices shall be subject to the approval of the Council, but shall remain the property of the Trade Waste Consent Holder. Measurement of flow shall be carried out by the Trade Waste Consent Holder in accordance with BS 3680:Part 11A:1992, BS3680:Part 11B:1992 and BS 5728:Part 3:1984.

1.9.4.2          

Records of flow and/or volume shall be available for viewing at any time by the Council, and shall be submitted to the Council at prescribed intervals in a Council approved electronic form advised by the Council.

1.9.4.3          

Meters shall be located in positions which are readily accessible for reading and maintenance, and as close as practicable to the point of discharge.

1.9.4.4          

The Trade Waste Consent Holder shall arrange for confirmation of the flow metering equipment and instrumentation by a specialist reputable company in accordance with NZS 10012:Part 1 1993 upon installation and at least once a year thereafter to ensure performance within ±10 % of its reading. A copy of independent certification from a specialist reputable company of each calibration result shall be submitted to the Council.

1.9.4.5          

Should any meter, after being calibrated, be found to register a greater or lesser discharge than the quantity of wastewater actually passed, the Council may in its absolute discretion make an adjustment in accordance with the results shown by such tests backdated for such period not exceeding 12 months as it thinks fit, and the Trade Waste Consent Holder shall pay a greater or lesser amount according to such adjustment to the meter reading.

1.9.5 Estimating discharge

1.9.5.1

Where water meters are used as a basis of estimating discharge, confirmation of the accuracy of these meters shall be provided where the meters are not provided by Council or its agent.  This procedure shall follow the provisions of section 9.4.1 or other Council approved means.

Where no meter or similar apparatus is warranted, the Council may require that a percentage of the water supplied to the premises, or other such basis as seems reasonable, be used for estimating the rate or quantity of flow for the purposes of charging.

1.9.6.1      

Should any meter be out of repair or cease to register, or be removed, the Council shall estimate the discharge for the period since the previous reading of such meter, (based on the average of the previous 4 billing periods charged to the Trade Waste Consent Holder) and the Trade Waste Consent Holder shall pay according to such estimate.  However when, by reason of a large variation of discharge due to seasonal or other causes, the average of the previous 4 billing periods would be an unreasonable estimate of the discharge then the Council may take into consideration other evidence for the purpose of arriving at a reasonable estimate, and the Trade Waste Consent Holder shall pay according to such estimate.

1.9.6.2      

Where a meter has been tampered with, the Council (without prejudice to other remedies available) may declare the reading void and estimate discharge as provided in 1.9.6.1.

1.9.7 Sampling and analysis

1.9.7.1      

Sampling shall be in accordance with the procedure contained in Schedule 1E or some other procedure set out in the consent as being approved by the Council (preferably designed in accordance with BS 6068-6.10:1993).

1.9.7.2      

Unless otherwise stated in this bylaw all analyses shall use methods or procedures in accordance with, or validated against, the AWWA Standard methods for the examination of water and wastewater specified in the 19th edition as published by the American Water Works Association (AWWA)/American Public Health Association by a laboratory accredited for the purpose by IANZ Registration, or alternatively a laboratory approved in the consent by the Council.

1.9.8 Monitoring

1.9.8.1      

The Council shall monitor the compliance of the Trade Waste Consent Holder in discharging trade waste under the terms of its consent.  The Trade Waste Consent Holder shall also carry out self monitoring at least to the extent required by the consent conditions.  These self monitoring conditions shall be included in the consent conditions. Self monitoring results shall be made available to the Council within 5 working days of the Council’s request for the same in writing.

1.9.8.2      

If required by the Trade Waste Consent Holder, all independent samples taken by an authorised officer of the Council shall be split into 3 equal parts:

(a) The first portion of each sample or composite sample shall be delivered to the Trade Waste Consent Holder, and

(b) The second and third portions of each sample or composite sample shall be retained by the Council.

1.9.8.3      

Where any portion of a sample or composite sample is to be delivered to the Council in accordance with this Bylaw, it shall be delivered within 4 hours of the sampling being completed.

1.9.8.4      

The third portion of any sample or composite sample retained by an authorised officer of the Council in accordance with this Bylaw, shall be retained in the custody of the Council for a period of not less than 20 working days from the date of receipt, and in such a manner that preserves as far as is reasonably possible the characteristics of the sample being tested.

1.9.9  Dilution

The Trade Waste Consent Holder shall not (unless approved) add, or permit the addition of, any water whatsoever to any waste stream solely in order to vary the level of any characteristic of the trade waste being discharged.

1.9.10 Stormwater, Condensing and Cooling Water

The Trade Waste Consent Holder shall not add or permit the addition of stormwater, condensing or cooling water directly or indirectly to any wastewater. However, if for practical reasons it cannot be separated from the wastewater and/or the stormwater is contaminated it may be included subject to specific approval as will be set out in an individual conditional trade waste discharge consent.  In this case the trade waste discharge shall be deemed to be a conditional discharge and the specific approval included in the current conditions. 

1.9.11 Tankered Wastes

The Council shall accept approved tankered waste being discharged at the East Clive Wastewater Facilities providing that tankered waste is from a domestic premise septic tank.

For all other tankered waste being discharged at the East Clive Wasyewater Facillities written agreement shall be sought and issued in writing by Council in advance of any such discharge being made.

1.10   Disputes

1.10.1 Sampling and Analysis

Where a dispute arises as to the validity of the methods or procedures used for sampling or analysis, the dispute may be submitted to an independent arbitrator approved by the Council, with such arbitration being conducted pursuant to the provisions of the Arbitration Act 1996. Any such arbitrator’s ruling shall be final.

1.10.2 Review of Decisions

1.10.2.1    

If any person is dissatisfied with any decision of an authorised officer of the Council made under this Bylaw, that person may, by notice delivered to the Chief Executive Officer of the Hastings District Council not later than 20 working days after the decision of the Council authorised officer is served upon that person, request the Chief Executive to review any such decision.

1.10.2.2    

Subject to 1.10.3, on the receipt of such a notice, the decision of an authorised officer of the Council shall be suspended provided that the Trade Waste Consent Holder complies with the provisions of this Bylaw at all times.

A decision relating to the matter in the request shall be made within 20 working days by the Chief Executive Officer of the Hastings District Council in accordance with the relevant provisions of this Bylaw (and the Chief Executive Officer may in his absolute discretion seek such advice and receive and/or hear such submissions as he thinks fit).

Where a decision which is the subject of a request for a review imposes a time limit, the time shall not begin to run until such time (if any) as the Chief Executive of the Hastings District Council notifies the Trade Waste Consent Holder of his or her decision.

Nothing in this clause shall affect any right of appeal under the Local Government Act 2002.

1.10.3 Summary Cancellation

Notwithstanding 1.10.2, summary cancellation of a consent in accordance with 1.15.1 shall not be suspended on receipt by the Council of a notice to review any such cancellation.

1.11 Accidents and Non-Compliance

The Trade Waste Consent Holder shall inform the Council immediately on discovery of any accident including spills or process mishaps which may cause a breach of its consent in particular, or this Bylaw in general.

In the event of any such accident occurring when the Trade Waste Consent Holder holds a conditional consent, then the Council may review the consent under 1.7.2 or may require the Trade Waste Consent Holder, within twenty working days of the date such requirement is notified to the Trade Waste Consent Holder in writing, to review the contingency management procedures in and re-submit for approval the Discharge Management Plan with the Council.  

In the event that an accident occurs from premises where the owner or occupier does not have a conditional consent then the Council will consider the nature and consequences of the accident and may require a conditional consent to be applied for by that owner or occupier.

1.12   Payment

1.12.1 General

1.12.1.1     Schedule of Charges

A Trade Waste Consent Holder occupying premises discharging trade waste shall be liable to pay for the discharge of trade wastes and any related material.  These items are covered by s494 of the Local Government Act and will be set each year through the Annual Plan process.

The following schedule of charges and definitions apply:

(a)	Permitted charge	For a permitted trade waste an annual fee shall be charged.  If an inspection indicates non-compliance with the conditions set out in Schedule 1A the Council may increase the frequency of further inspections and these will be charged accordingly.  The initial inspection fee will be charged annually.  Additional inspections for non-compliance will be charged as they occur.
(b)	Conditional charge	An annual fee for conditional trade wastes based on the “peak rate of discharge” shall be charged quarterly. If continuous records of flows are available, the Council calculates the “peak rate of discharge” as the third highest average rate of discharge which has occurred continuously over period of not less than 2 hours during the previous year ending 31 March.  Where continuous records of flows are not available, the Council shall measure or assess the “peak rate of discharge” in accordance with 1.9.5.  The total of “peak rate of discharge” of all users so determined shall be used by the Council in calculating the charge rate.
(c)	Separable conditional charge	A separable conditional trade waste charge shall be calculated as the peak flow or based on a Uniform Annual Charge (UAC).  The human waste, separated from the separable trade waste, is not controlled by this Bylaw.
(d)	Connection fee	Payable on application for connection to discharge.
(e)	Reinspection fee	A fee payable for each reinspection visit by the Council where a notice served under this Bylaw has not been complied with by the Trade Waste Consent Holder.
(f)	Disconnection fee	Payable on disconnection from wastewater system following Trade Waste Consent Holder request for disconnection.
(g)	Special rates for loan charges	Additional rates for servicing loans raised for the purposes of constructing or improving the wastewater system.
(h)	Temporary discharge fee	A fee payable prior to receipt of temporary discharge.
(i)	Annual trade waste consent charges	An annual management fee for holders of trade waste consents to cover the Council’s costs associated with: (a) Administration, (b) General compliance monitoring, and (c) General inspection of consents.
(j)	Periodic trade waste charges	A periodic fee for holders of trade waste consents to cover the Council’s costs associated with: (a) Administration, (b) Compliance monitoring, and (c) Inspections where the Council has reason to suspect possible or actual non-compliance with the consent.
(k)	Rebates for Trade Premises within the District	Trade premises within the District which pay trade waste charges shall receive rebates for that proportion of their Consolidated rates and Uniform Annual Charge attributable to the capital and operating costs of the main trunk sewers between Hastings and the Coast and of the main sewage works. These rebates do not apply to Separable Trade Waste.
(l)	New or Additional Trade Premises	Any new trade premises or additions to trade premises connected to any public sewer during a current annual period or in any instance that consent is granted to increase the discharge of trade waste, shall pay a charge equivalent to 1/12 of the annual charge for each month or part of a month that the discharge is made during that annual period.  The charge is calculated by multiplying a peak rate of flow determined by the Council after consultation with the Trade Waste Consent Holder with the charge rate determined under Clause (a), (b) or (c) above. Development Levy Fees may also apply.  These fees are not covered by this Bylaw.
(m)	Suspended Solids Charge	As set by the Council from time to time.
(n)	Biochemical oxygen demand charge or chemical oxygen demand charge	As set by the Council from time to time.
(o)	Metals charge	As set by the Council from time to time.
(p)	Transmissitivity charge	As set by the Council from time to time.
(q)	Tankered Wastes charge	Set as a fee per tanker load.

The following definitions also apply:

(i)	Uniform annual (sewerage or drainage) charge	A separate charge for wastewater drainage and disposal which is uniform within the Hastings District Council area, or for areas within it
(ii)	Uniform WC levy (“pan charge”)	A uniform levy on each WC or urinal in each premise.

1.12.2.1

The Council may at the expense of the Trade Waste Consent Holder and/or the owner and occupier of trade waste premises repair, remedy and make good any damage or blockage to a sewer or drain or the wastewater system caused by or arising out of or resulting from the discharge of waste which:

(a) Fails to comply with or contravenes any provision of this Bylaw; or

(b) Breaches the conditions of any consent granted pursuant to this Bylaw, or

(c) Fails to comply with a notice served under this Bylaw.

The Council will determine the cost and expense of such repair, remedy or making good and such sum determinant will be recovered from the Trade Waste Consent Holder and/or the owner and occupier as allowed for in sections 175 or 176 of the Local Government Act 2002.

All new sewer connections will have a rodding eye installed at the boundary. Whenever an existing sewer connection is worked on and access is difficuly or disruptive, for example to clear a repetitive blockage, a rodding eye will be installed at the boundary at the expense of the property owner.

1.12.3 Invoicing

1.12.3.1 Types of Discharges

All charges for Conditional Trade Wastes shall be determined in accordance with the schedule of charges (Section 1.12.1.1) and shall be invoiced every three months on the 20th day of that month in respect of the trade waste discharge occurring during the immediately preceding charge period. The Trade Waste Consent Holder shall pay this invoice by the 20th. day of the next month.   The invoice shall provide each Trade Waste Consent Holder with a copy of the information and calculations used to determine the extent of any charges and fees due relating to a discharge.

Annual charge for Permitted Wastes shall be charged once annually as part of Council’s rate invoicing system. Any further inspection will be charged separately in accordance with 1.12.1.1.

1.12.3.2 Ceasing to Discharge

The Trade Waste Consent Holder shall be deemed to be continuing the discharge of trade waste and shall be liable for all charges, until such time as he/she gives notice of disconnection in accordance with 1.14.2.

1.12.3.3 Failure to Pay

All sums payable for charges and rates for wastewater services under this Bylaw shall be recoverable as a debt due to the Council.

1.13 . Authorised Officers

1.13.1 Delegation

All authorised officers shall possess and display on demand, formal proof of identification and rights of entry.

Any authorised officers may at any reasonable time enter any premises believed to be discharging trade wastes to determine any characteristic of any discharge by:

(a) taking readings and measurements; or

(b) taking samples or any solids, liquids or gaseous material or any combination or mixtures of such materials being discharged; or

(c) observing accidental occurrences and clean-up.

The extent and level of delegation to authorised officers will be in accordance with the Council’s Register of Statutory Delegations and Warrants

1.14   Transfer or Termination of Rights and Responsibilities

A consent to discharge shall be issued in the name of the given Trade Waste Consent Holder. The Trade Waste Consent Holder shall not, unless approval is obtained from the Council:

(a) Transfer to any other party the rights and responsibilities provided for under this Bylaw, and under its consent, 

(b) Allow a point of discharge to serve any other premises, or the private drain to that point to extend by pipe or any other means to serve any other premises, or

(c) In particular and not in limitation of the above, allow wastewater from any other party to be discharged at its point of discharge.

1.14.1

Transfer of a consent on change of ownership of premises shall not be unreasonably withheld if the characteristics of the wastewater remain unchanged.

1.14.2

The Trade Waste Consent Holder shall give 48 hours notice in writing to the Council of his/her requirement for disconnection of the discharge connection and/or termination of the discharge consent, except where demolition or relaying of the discharge drain is required, in which case the notice shall be 7 working days.

The Trade Waste Consent Holder shall notify the Council of the new address details for final invoicing.  On permanent disconnection and/or termination the Trade Waste Consent Holder shall be liable for trade waste charges to the end of the current three month charging period.

1.15 . Cancellation

1.15.1 Summary Cancellation

Any consent may at any time be summarily cancelled by the Council on giving to the Trade Waste Consent Holder written notice of summary cancellation if:

(a) The Council is lawfully directed to withdraw or otherwise to terminate the consent summarily, or

(b) The Trade Waste Consent Holder discharges any trade waste unlawfully, or

(c) If the continuance of discharge under the consent is, in the opinion of the Council, a threat to the environment, or

(d) If the continuance of discharge under the consent may, in the opinion of the Council, result in a breach of a Council’s Resource Consent, or

(e) The Trade Waste Consent Holder discharges any prohibited substance.

1.15.2 Cancellation on Notice

Further to 1.15.1 the Council may cancel any consent at any time following 25 working days’ notice to the Trade Waste Consent Holder:

(a) For the Trade Waste Consent Holder’s failure to comply with any condition of the consent, or

(b) For the Trade Waste Consent Holder’s failure to maintain effective control over the discharge, or

(c) For the Trade Waste Consent Holder’s failure to limit in accordance with the requirements of a consent the volume, nature, or composition of trade waste being discharged, or

(d) In the event of any negligence of the Trade Waste Consent Holder which, in the opinion of the Council, threatens the safety of, or threatens to cause damage to any part of the sewer system or the treatment plant or threatens the health or safety of any person, or

(e) If any occurrence happens that, in the opinion of the Council, poses a serious threat to the environment, or

(f) In the event of any breach of the Council’s resource consent (coastal permit) issued under the Resource Management Act 1991, or

(g) If the Trade Waste Consent Holder fails to provide and when appropriate update a Discharge Management Plan as required for a conditional consent, or

(h) If the Trade Waste Consent Holder fails to follow the Discharge Management Plan provisions at the time of an unexpected, unscheduled or accidental occurrence, or

(i) If any other circumstances arise which, in the opinion of the Council, render it necessary in the public interest to cancel the consent.

1.16 Service of Documents

1.16.1 Delivery or Post

Any notice or other document required to be given, served or delivered under this Bylaw to a Trade Waste Consent Holder  may (in addition to any other method permitted by law) be given or served or delivered by being:

(a) Sent by pre‑paid ordinary mail, courier, or facsimile, or email to the Trade Waste Consent Holder at the Trade Waste Consent Holder’s last known place of residence or business, or

(b) Sent by pre‑paid ordinary mail, courier, or facsimile, or email to the Trade Waste Consent Holder at any address for service specified in a consent to discharge, or

(c) Where the Trade Waste Consent Holder is a body corporate, sent by pre‑paid ordinary mail, courier, or facsimile, or email to or left at its registered office, or

(d) Personally served on the Trade Waste Consent Holder.

1.16.2  Service

If any notice or other document is:

(a) Sent by post it will be deemed received on the first day (excluding weekends and public holidays) after posting, or

(b) Sent by facsimile or email and the sender's facsimile or email machine produces a transmission report indicating that the facsimile or email was sent to the addressee, the report will be prima facie evidence that the facsimile or email was received by the addressee in legible form at the time indicated on that report, or

(c) Sent by courier and the courier obtains a receipt or records delivery on a courier run sheet, the receipt or record of delivery on a courier run sheet will be prima facie evidence that the communication was received by the addressee at the time indicated on the receipt or courier run sheet, or

(d) Left at a conspicuous place at the trade premises or is handed to an employee or ostensible agent of the Trade Waste Consent Holder then that shall be deemed to be service on or delivery to the Trade Waste Consent Holder at that time.

1.16.3 Signature

Any notice or document to be given, served or delivered shall be signed by an authorised officer.

1.17 Offences

Every Trade Waste Consent Holder and the owner and occupier of trade premises commits an offence and is liable to a fine as specified in s. 242(5) of the Local Government Act 2002 which:

(a) Fails to comply with or acts in contravention of any provision of this Bylaw, or

(b) Breaches the conditions of any consent to discharge granted pursuant to this Bylaw, or

(c) Fails to comply with a notice served under this Bylaw.

1.18   Transitional provisions

1.18.1 Applications

Any application for a consent to discharge trade wastes made under the Hastings District Council’s Trade Waste Bylaw for which a consent has not been granted at the time of coming into force of this Bylaw shall be deemed to be an application made under this Bylaw.

1.18.2 Existing Trade Waste Consents

Every existing trade waste consent issued under Council’s Trade Waste Bylaw 2002 shall continue in force for a period of six months from the date of commencement of the Trade Waste Bylaw 2008.

CHAPTER 2 TRADE WASTE CONSENTS

2.1 Permitted Trade Waste Consents

Trade waste discharges of the permitted type will be granted by the issue of a permitted consent. Schedule 2A is a template indicating the basic form of permitted trade waste consents issued under this Bylaw, but the template shall not be deemed to limit the nature and wording in any particular consent.

2.2 Conditional Trade Waste Consents

Trade waste discharges of the conditional type will be granted by the issue of a conditional consent.

Schedule 2B is a template indicating the type of conditions which may be imposed as part of conditional trade waste consents issued under this Bylaw, but the template shall not be deemed to limit the nature and wording of the conditions imposed in any particular consent.

---

Schedules

• 1A Council’s Trade Waste Criteria
• 1B Prohibited Characteristics
• 1C Guide to Types of Trade Activities and Processes included in Permitted and Conditional Consents
• 1D Application Forms
  Applications shall be made on such forms as may be prescribed from time to time by an authorised officer.
• 1E Sampling Procedure
• 1F Trade Waste Charges
• 1G Permitted Trade Waste Acceptance Form
• 1H Conditional Trade Waste Consent Form
• 2A Trade Waste Consent Form and Summary Schedules
  • 2A.1A Permitted Trade Waste Approval Form
  • 2A.1B Conditional Trade Waste Approval Form
  • 2A.1C Temporary Trade Waste Approval Form
  • 2A.1D Summary Of General Conditions For All Trade Waste
  • 2A.1E Conditions Specific To Trade Waste Consent Number [.....] To Discharge Permitted Trade Waste To The Hastings District Council’s Wastewater System
• 2B Conditional Trade Waste Consent Form And Specific Consent Schedules