Issue:

Inorganic mineral solids (e.g. sand, silt, clay) don’t break down and can cause wastewater network issues, such as blocked or damaged pipes. These solids need to be removed from the network, which is expensive.

The current maximum permitted concentration of total suspended solids (which includes inorganic mineral solids) is 600g/m3.

Proposed solution:

The current total suspended solids limit of 600g/m3 will remain, however for discharges containing only inorganic mineral solids, we propose reducing the total suspended solids limit to 100g/m3. This will affect activities such as dewatering, hydro-excavation, stone cutting, and concrete production.

Reason:

A lower limit will better protect our wastewater infrastructure and treatment processes and will be beneficial for network maintenance. Adding the limit to the bylaw will set the expectation from the outset of the consent process that inorganic mineral solids should be managed by the discharger.

View draft bylaw clause: Schedule 1A.2.4, 5(1) and 37(5).

Issue:

Environmental and health concerns are emerging about persistent organic pollutants (POPs), especially polyfluoroalkyl substances (PFAS) . The wastewater treatment plant can’t remove these substances, which are highly resistant to degradation and remain in the environment for many years.

Proposed solution:

Prohibit POPs (including PFAS, perfluorooctane sulfonate (PFOS) and perfluorooctanic acid (PFOA)) from any trade waste discharge.

Reason:

Prohibiting the intentional discharge of these chemicals in trade waste is one way we can help prevent further discharges of POPS, PFAS, PFOS and PFOA into the natural environment.

View draft bylaw clause: Schedule 1B.2.2.

Issue:

Currently, permitted consents are granted indefinitely, with no expiry date. Although this category of consent is typically low risk, the perpetual nature of the consent is not beneficial for ensuring that the consent holder keeps their pretreatment devices or processes in good condition and working order, and that the consent remains appropriate over time.

Examples include restaurants and takeaway businesses, which are required (as a consent condition) to install and regularly empty grease traps to remove fats and solids from their trade waste discharges and prevent blockages in the wastewater network .

Proposed solution:

Introduce a maximum duration of up to 10 years for all permitted consents.

Reason:

Providing a maximum term on permitted trade waste consents will ensure they are periodically reviewed to confirm they remain appropriate and fit for purpose.

Confirming the appropriate conditions are in place for the type of discharge, and that conditions are being met, it will also help to reduce the risk of damage or blockages to the consent holder’s private drains.

View draft bylaw clause: 15 and 37(4)

Issue:

There are some gaps in the decision-making provisions of the bylaw, or improvements that could be made to provide more clarity and certainty. Issues identified include:

• The appropriateness of setting application processing timeframes in the bylaw
• There are matters other than biophysical characteristics that we may consider in deciding on a consent application (such as ensuring we meet all our legal obligations under the Local Government Act 2002)
• It lacks detail on the reasons we may decline a trade waste consent.

Proposed solution:

• Set out that we may consider wider matters in deciding on consent applications

• Remove the application processing times from the bylaw and communicate processing time targets in other ways.
• Include a new clause setting out the reasons we may decline an application.

Reason:

To ensure the bylaw is regulating the right things, and to provide clarity and certainty on the consent decision making requirements.

View draft bylaw clauses:

• Consideration of wider matters: 12(1), 12(1)(u), 12(1)(v), 12(1)(w) and the associated explanatory note; 14(1)(x) and 14(1)(y).

• Processing timeframes: 13(1) and 11(2).
• Refusal of consent: 13(3).

Issue:

In limited circumstances, some discharges from dewatering can’t be accepted to the stormwater network and instead are considered for discharge to the wastewater network as trade waste. The bylaw is not clear on the requirement for trade waste consent in these instances.

Proposed solution:

Clarification that a trade waste consent is required under the Trade Waste Bylaw for dewatering activities, where applicable.

Reason:

To reflect the change in practice, to align with the Water Supply and Wastewater Bylaw 2022, and to provide clarity on the requirement for consent and when it applies.

View draft bylaw clause: 10(1)(c) (including explanatory note); and definitions in clause 5(1).

Issue:

Tankered waste is wastewater or trade waste that is transported away from the originating site by vehicle for disposal at an approved point, rather than being discharged directly from a premises through wastewater pipes.

The Trade Waste Reception Facility (TWRF) at the Christchurch Wastewater Treatment Plan (CWTP) became operational in 2016, after the bylaw was last reviewed. As a result, the tankered waste provisions of the bylaw could be improved to reflect operational changes.

Proposed solution:

Improve the regulation of tankered waste discharges to include the following:

• Require, as a possible condition of consent, that records are kept of any tankered waste deliveries accepted
• Specify bylaw provisions that apply to tankered waste consents, for clarity
• Add tankered waste as a separate category of discharge, to reflect how consents are categorised
• Specify the types of waste that can be accepted, and that we may refuse certain types of discharges
• Require provision of necessary connections
• Require that CWTP conditions of entry (e.g. wearing personal protective equipment) are adhered to
• Provide for the recovery of costs for any damages
• Other minor wording changes in clause 17 and clause 5(1).

Reason:

These changes are proposed to help ensure that:

• Our new trade waste reception facility is appropriately protected from misuse and damage
• Treatment processes at the treatment plant are not disrupted
• People who operate the treatment plant, or deliver tankered waste, are kept safe
• Bylaw provisions align with best practice

View draft bylaw clauses: 5(1); 6(1)(d); 8(1)(c); 10(1)(b); 13(1)(c); 14(1)(t); and 17.

In addition to the key changes we’ve summarised, we also propose some minor amendments including to:

• Change some wording to improve clarity, without affecting the intent of the bylaw
• Update outdated terms and references to legislation or other documents;
• Update definitions to improve clarity and consistency. New definitions have been added to aid understanding or support enforcement, while terms that are no longer relevant to the bylaw have been removed
• Transfer the bylaw into our new standard bylaws format.