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  Council » Policies and Plans » Rules and regulation » Waikato Regional Plan » Waikato Regional Plan (online version) » 5.2 Discharges Onto or Into Land » 5.2.6 Implementation Methods - Dumps* and Offal* Holes on Production Land

5.2.6 Implementation Methods - Dumps* and Offal* Holes on Production Land

5.2.6.1 Permitted Activity Rule – Dumps on Production Land

The discharge of solid waste into or onto land as part of the operation of a dump on production land where the contaminants are sourced only from the property on which the dump occurs, and where the dump site is outside of:

  1. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole* or cave entrance
  2. A floodplain of a river
  3. Any wetlands1 that are areas of significant indigenous vegetation and/or significant habitats of indigenous fauna
  4. A significant geothermal feature

is a permitted activity subject to the following conditions:

  1. The waste shall not contain:
    1. hazardous substances*, including residues in empty agrichemical, detergent and oil containers
    2. sewage, offal or animal carcasses.
  2. No contaminants from the dump on production land shall be discharged into water.
  3. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan (28 September 1998), in any district plan, in the NZ Archaeological Association’s Site Recording Scheme, or by the Historic Places Trust except where Historic Places Trust approval has been obtained.
  4. In the event of any waahi tapu that is not subject to condition c) being identified by the Waikato Regional Council to the person undertaking the activity, the activity shall cease insofar as it may affect the waahi tapu. The activity shall not be recommenced without approval of the Waikato Regional Council.

Advisory Notes:

  • Guidance on suitable locations for dumps on production land is provided in Section 5.2.12.
  • Where the dump on production land receives waste from more than one property, it is subject to the rules for landfills in Section 5.2.7.
  • Land use consents for dumps on production land may also be required by district plans. These will address issues such as amenity effects, noise, protection of identified areas of significant indigenous vegetation2 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • Discharges of contaminants into land that affect Significant Geothermal Features are addressed in Rules 7.6.6.1 to 7.6.6.3. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.
  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition d) is set out in Section 2.3.4.22 of this Plan.

5.2.6.2 Permitted Activity Rule – Offal Holes on Production Land

The discharge of contaminants into or onto land as part of the operation of an offal hole on production land where the contaminants are sourced from the property on which the offal hole is sited and any subsequent discharge to air that does not comply with Rule 5.2.6.1 when occurring outside of:

  1. The catchment of, or within 10 metres of, whichever is the lesser, a sink hole* or cave entrance
  2. A floodplain of a river
  3. Any wetlands3 that are areas of significant indigenous vegetation and/or significant habitats of indigenous fauna
  4. A significant geothermal feature

is a permitted activity subject to the following conditions:

  1. Only dead animal matter and perishable household waste shall be disposed of into the offal hole.
  2. The waste shall not contain:
    1. hazardous substances or material contaminated by hazardous substances (including residues in empty agrichemical, detergent and oil containers)
    2. sewage.
  3. The lowest point of the offal hole shall be at least one metre above the level of the seasonally shallowest water table.
  4. Where the offal hole was in use prior to this Plan becoming operative and the lowest point of the offal hole was less than one metre above the seasonally shallowest water table, there must be no discharge of contaminants to water.
  5. The offal hole shall be covered to prevent surface water from entering the offal hole and prevent pests from gaining access to the waste.
  6. The activity shall not disturb any archaeological site or waahi tapu as identified at the date of notification of this Plan (28 September 1998), in any district plan, in the NZ Archaeological Association’s Site Recording Scheme, or by the Historic Places Trust except where Historic Places Trust approval has been obtained.
  7. In the event of any waahi tapu that is not subject to condition f) being identified by the Waikato Regional Council to the person undertaking the activity, the activity shall cease insofar as it may affect the waahi tapu. The activity shall not be recommenced without approval of the Waikato Regional Council.
  8. There are no objectionable effects as a result of odour beyond the property boundary.
  9. The offal hole shall not be within 100 metres of any water supply bore or water body.

Advisory Notes:

  • Guidance on good practice for the suitable location of offal holes is provided in Section 5.2.12.
  • Where the offal hole, on production land, receives waste from more than one property, it is subject to the rules for landfills in Section 5.2.7.
  • Land use consents for offal holes may also be required by district plans. These will address issues such as amenity effects, noise, protection of identified areas of significant indigenous vegetation4 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • Discharges of contaminants into land that affect Significant Geothermal Features are addressed in Rules 7.6.6.1 to 7.6.6.3. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.
  • Where a waahi tapu site is identified whilst undertaking the activity, the process that Waikato Regional Council will follow in order to implement condition g) is set out in Section 2.3.4.22 of this Plan.

5.2.6.3 Controlled Activity Rule – Offal Holes in Area of Shallow Ground Water

Except as authorised by Rule 5.2.6.2, the discharge of contaminants into or onto land as part of the operation of an offal hole on production land where the contaminants are sourced from the property on which the offal hole is sited and any subsequent discharge to air is a controlled activity (requiring resource consent) subject to the following standards and terms:

  1. Only dead animal matter and perishable household waste shall be disposed of into the offal hole.
  2. The waste shall not contain:
    1. hazardous substances or material contaminated by hazardous substances (including residues in empty agrichemical, detergent and oil containers)
    2. sewage.
  3. The offal hole shall be covered to prevent surface water from entering the offal hole and prevent pests from gaining access to the waste.
  4. The offal hole shall not affect a significant geothermal feature.
  5. There are no objectionable effects as a result of odour beyond the property boundary.

Waikato Regional Council reserves control over the following matters:

  1. Measures to be adopted to avoid any discharge of contaminants into water.
  2. The location of the offal hole. (including proximity to bores that take water for human consumption).
  3. Effects on any waahi tapu or other taonga from the activity.
  4. Effects on the relationship of tangata whenua and their culture and traditions with the site and any waahi tapu or other taonga affected by the activity.
  5. Effects on the ability of tangata whenua to exercise their kaitiaki role in respect of any waahi tapu or other taonga affected by the activity.

Notification:
Application for resource consents for activities under this Rule will be considered without notification or the need to obtain written approval of affected persons, in accordance with s94(1)(b) of the RMA.

Advisory Notes:

  • Where the offal hole, on production land, receives waste from more than one property, it is subject to the rules for landfills in Section 5.2.7.
  • Land use consents for offal holes may also be required by district plans. These will address issues such as amenity effects, noise, protection or identified areas of significant indigenous vegetation5 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • Discharges of contaminants into land that affect Significant Geothermal Features are addressed in Rules 7.6.6.1 to 7.6.6.3. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.
  • The imposition of consent conditions under matters iii), iv) and v) shall take into account the policy direction provided in Policies 1 and 2 in Section 2.3.3 in addition to specific policies in this Chapter of the Plan.

5.2.6.4 Discretionary Activity Rule – Other Dumps and Offal Holes on Production Land

The discharge of any liquid or solid waste into or onto land and any subsequent discharge of contaminants to water or air during the operation of a dump or offal hole on production land where:

  1. the contaminants are sourced only from the property on which the dump or offal hole occurs
  2. the activity does not comply with Rules 5.2.6.1, 5.2.6.2 and 5.2.6.3
  3. the activity is addressed by Rules 7.2.6.1 and 7.2.6.2;

is a discretionary activity (requiring resource consent).

Advisory Notes:

  • Information requirements to enable the assessment of any application under this rule are as set out in Section 8.1.4.4. In addition assessment shall also take into account the matters identified in Policy 2 of Chapter 5.2.
  • Land use consents for dumps and offal holes on production land may also be required by district plans. These will address issues such as amenity effects, noise, protection of identified areas of significant indigenous vegetation6 and outstanding landscapes and future uses of the site. The thresholds at which resource consents are required vary within each territorial authority area.
  • Discharges of contaminants into land that affect Significant Geothermal Features are addressed in Rules 7.6.6.1 to 7.6.6.3. Significant Geothermal Features are defined in the Glossary, and in Development and Limited Development Geothermal Systems, identified on maps in Section 7.10 of this Plan.

Explanation and Principal Reasons for Adopting Methods 5.2.6.1 to 5.2.6.4
Waikato Regional Council recognises that properly managed and sited small-scale rural dumps and offal holes will not have significant adverse environmental effects. Rules 5.2.6.1 and 5.2.6.2 implement Policy 1 by establishing a permitted activity rule for dumps and offal holes on production land. A well-sited and managed dump or offal hole for disposal of waste generated on production land is unlikely to have adverse effects such as damage to aquatic ecosystems from leachate discharges to water.

Rule 5.2.6.3 is necessary to provide for existing offal holes in areas of high ground water that would otherwise be a discretionary activity. Rules 5.2.6.3 and 5.2.6.4 recognise that even if a dump or offal hole does not comply with the conditions in the permitted activity rules, it may still be able to occur. However, resource consents will be required to ensure that the potential adverse effects associated with these facilities are well managed.

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