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5.2.9 Implementation Methods - Dust Suppression

5.2.9.1 Permitted Activity Rule – Use of Dust Suppressants

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:

  1. If the dust suppressant is a hazardous substance of if the water or dust suppressant contains hazardous substances it shall be licensed for use as a dust suppressant under the provisions of the Hazardous Substances and New Organisms Act (1996).
  2. The contaminants shall not be applied at a rate or in weather conditions that result in ponding or surface run-off of contaminants into surface water.
  3. Any discharge to air arising from the activity shall comply with the conditions and standards and terms in Section 6.1.8 except where the matters addressed in Section 6.1.8 are already addressed by conditions on resource consents for the site.

5.2.9.2 Non-Complying Activity Rule – Waste Oil and Other Dust Suppressants

The discharge onto or into land of waste oil or other substances that does not comply with Rule 5.2.9.1 is a non-complying activity (requiring resource consent).

Advisory Notes:

  • Information requirements to enable the assessment of any application under this Rule are as set out in Section 8.1.4.8. In addition, assessment shall also take into account the matters identified in Policy 2 of Chapter 5.2.
  • For the avoidance of doubt this Rule shall not apply to tar-seal or other permanent road surfacing materials.

Explanation and Principal Reason for Adopting Methods 5.2.9.1 and 5.2.9.2
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:

  1. Dumping in landfills.
  2. Low temperature burning.
  3. Application to roads for dust control.
  4. Oiling chainsaws/staining fences.
  5. Other unspecified methods.

The disposal of waste oil in landfills is addressed in Rule 5.2.7.1. The low temperature incineration of waste oil is addressed in Rule 6.1.12.3. 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 5.2.4.2 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 5.2.9.1 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 5.2.9.2 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.

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