In the event of receiving any complaint(s) regarding off-target spray drift, Waikato Regional Council will undertake the approach outlined in parts a) to d) below, or undertake aspects of this approach, to determine whether or not the spray drift has caused a significant adverse effect:
In the event that a complaint(s) concerning spray drift is deemed to be justified and the adverse effects are deemed significant through the processes outline in Section 126.96.36.199, then Waikato Regional Council will take the following approach towards enforcement:
Explanation and Principal Reasons for Adopting Sections 188.8.131.52 to 184.108.40.206
The steps listed in Section 220.127.116.11 provide a checklist for Waikato Regional Council to follow when addressing complaints regarding spray drift. Section 18.104.22.168 part a) provides the criteria for assessment that should be used by a Council officer. Consideration of each separate factor a) i) to ix) is an important first step in the assessment of a complaint, and will usually be the first questions asked when the complaint is received. The steps in parts a) i) to ix) are important in assessing:
Section 22.214.171.124 part b) will be undertaken if there is enough information received via parts a) i) to ix) to warrant a field investigation. Interviews of the complainants, property owner/manager and/or applicator are important in determining the facts (including determination of whether the problem has been ongoing or whether it is a ‘one off’ incident).
Section 126.96.36.199 part c) will be undertaken if, through the processes of parts a) and b) this is warranted. Sample collection may include foliage, water, soil and surface samples. Sample collection may also include photographic evidence. Sample collection will be undertaken in accordance with Waikato Regional Council’s Spray Drift Investigation Manual or other Guidelines such as the Ministry of Health’s Interim Guidelines for the Investigation and Surveillance of Agrichemical Spray Drift Incidents5.
Through the investigation of a complaint the need for enforcement action may become evident. Decisions on enforcement will need to be made on a casebycase basis, however, guidance is provided in Section 188.8.131.52 parts a) and b) as to when Waikato Regional Council will consider undertaking enforcement action, and in what form such action may take.