The discharge of contaminants (excluding waste oil*) onto or into land for the purpose of dust suppression is a permitted activity subject to the following conditions:
The discharge onto or into land of waste oil or other substances that does not comply with Rule 126.96.36.199 is a non-complying activity (requiring resource consent).
Explanation and Principal Reason for Adopting Methods 188.8.131.52 and 184.108.40.206
Every year Waikato Regional Council receives enquiries as to whether the use of waste oil as a dust suppressant is a permitted activity. Approximately 30 million litres of waste oil is generated in New Zealand every year1. Of this only seven million litres per annum is currently recycled or disposed of in an environmentally responsible manner. The rest is disposed of through the following means:
The disposal of waste oil in landfills is addressed in Rule 220.127.116.11. The low temperature incineration of waste oil is addressed in Rule 18.104.22.168. The use of waste oil for oiling chainsaws or staining fences does not present significant environmental risks compared to the widespread application of waste oil for dust suppression. These uses are therefore not addressed specifically by this Plan. The non-regulatory measures provided in Method 22.214.171.124 encourage the safe disposal of waste oil and the use of alternative products and techniques for dust suppression. However, non-regulatory methods do not provide sufficient clarity for resource users as to the status of the activity of dust suppression.
Rule 126.96.36.199 permits the discharge of alternative, lower hazard dust control products. This Rule encourages resource users to shift to less hazardous alternative methods of dust suppression. The Rule allows the discharge of non-hazardous substances and hazardous substances licensed specifically for use as dust suppressants so long as they are not applied at a rate or in weather conditions that might lead to surface run-off and subsequent discharges to water.
Rule 188.8.131.52 provides a clear signal that the use of waste oil as a dust suppressant, along with other substances that cannot comply with the conditions in the permitted activity rule is inconsistent with the objectives and policies.