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Hazardous Substances

This information has been designed as an introductory guide to provide information for a range of small businesses about relevant District Plan rules on the use, storage, transport and disposal of hazardous substances.

These rules must be complied with under the Resource Management Act 1991 (RMA). This information should be read in conjunction with a specific guide relating to your business. These are listed below.

This Planning Guide applies to you if:

you propose to set up one of the businesses listed below; or
you already run one of these businesses, but propose to significantly increase the quantities of hazardous substances you store on the site.

BUSINESSES COVERED
(To view the hazardous substances guidelines for the following businesses, click on the appropriate Acrobat Reader PDF attachment)
(Click here for any help about the PDF )

(97KB) Auto mechanics

(80KB) Car rental business

(82KB)   Dry cleaning

(82KB) Engineering/metal working

(81KB) Dairy farming

(95KB) Sheep and cattle farming

(88KB) Fiberglass manufacturing

(80KB) Furniture manufacturing

(80KB)   Laundromats

(91KB) Panel beating and spray painting

(81KB) Photographic processing

(81KB)   Printing

(81KB) Transport and freight businesses

(94KB) Tyre retreading

Hazardous Substance Law

Hazardous substances are substances that can harm people, the environment or property. They could be highly flammable, explosive, toxic or poisonous.

Hazardous facilities (including stationary vehicles) are sites or premises where hazardous substances are stored, used or disposed of.

Several Acts of Parliament regulate the storage, use, transport and disposal of hazardous substances.

These include the Resource Management Act 1991 (RMA), the Hazardous Substances and New Organisms Act 1996 (HSNO) and New Zealand land transport legislation.

The RMA influences the location of hazardous substances and facilities, with the aim of avoiding, remedying or mitigating adverse effects on the environment, and human health and safety. This is done through rules in a District Plan.

HSNO sets out controls for hazardous substances, regardless of location, land use or quantity. This includes a classification system for hazardous substances, and minimum performance requirements for packaging and containers, labelling, testing, disposal etc.
HSNO classifies hazardous substances as substances:
(a) with one or more of the following properties

(i) explosiveness
(ii) flammability
(iii) a capacity to oxidise
(iv) corrosiveness
(v) toxicity (including chronic toxicity)
(vi) ecotoxicity with or without bioaccumulation; or

(b) which on contact with air or water generates a substance with any one or more of the properties specified in (a) above.
HSNO is currently in a transitional phase that may last into 2002.

The Land Transport Act 1998 and associated Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 – Transport of Dangerous Goods on Land regulates the transport of dangerous goods. This includes a classification system for dangerous goods, and requirements for packaging, labelling and signage of containers and vehicles. Every business involved in transporting hazardous substances must comply with these regulations.

The Local Government Act 1974 provides for the regulation of industrial discharges to the public sewer system through Bylaws. Any business that discharges waste to the sewer must check with the Council whether a trade waste permit is required under a Bylaw. Council's Solid Waste Management Plan addresses the disposal of solid wastes in the District.

District Plan Rules

The District Plan specifies planning rules for facilities involved in the storage, use, transport and disposal of hazardous substances. Any person proposing to set up a hazardous facility must check whether a resource consent is required and comply with minimum performance standards for site design and management, underground storage tanks, signage and waste management.

The Hazardous Facility Screening Procedure (HFSP) specifies maximum quantities of hazardous substance that each business is permitted to store in different land use zones of the District.

A series of guides have been prepared by the Council, list maximum quantities of hazardous substance that specific businesses are permitted to store in different land use zones of the District. They also set out minimum performance standards each business must comply with, irrespective of whether they require a resource consent or not.

Businesses which propose to store more than the permissible quantities of hazardous substances in the land use zone they wish to locate in require a resource consent and will need to make an application to Council.

What To Do

You are advised to use the following method as a checklist to ensure that you do everything correctly:
A. Make a hazardous substances list
The first step is to make a list of the hazardous substances you propose or intend to store for your business, and to estimate maximum quantities that are to be held on the site or premises at any one time.

B. Add the quantities of hazardous substances
The second step is to add up the proposed quantities of hazardous substances according to the broad substance categories listed on the leaflet relating to your business.

C. Compare your quantities against the quantities in the table
Next, compare the quantities of hazardous substances you propose to store against those listed on the leaflet for the zone you propose to locate in. If they are lower, your business may proceed as a permitted activity and you do not need to apply for a resource consent. If they are above the quantities indicated on the leaflet, you will need a resource consent and must contact Council staff.

D. Check whether any distance–to-boundary rules apply
Specific distance-to-boundary rules apply for sensitive environments such as lakes, streams and springs or residential areas, rural villages or lakeside settlements. These rules are explained in the leaflet specific to your business.

E. Make sure your proposed design complies with relevant minimum performance standards
Finally, in the design and development of your site, make sure you comply with all minimum performance standards listed on the leaflet specific to your business.

Important Questions & Answers

What can I do if the proposed quantities of hazardous substances exceed the quantities listed as permitted?
In this instance, you could try to reduce the quantities of hazardous substances that you propose or intend to store. You could also move your business to a land use zone where you are permitted to store greater quantities of hazardous substances.

What happens if a hazardous substance which I plan to store is not listed?Surveys have established the typical range and quantities of hazardous substances stored by various businesses. If you propose to store any substances that are not listed in the leaflet relating to your business, you should consult with Council staff.

Will I still need a Dangerous Goods, Toxic Substances or Pesticide License? Complying with the planning rules discussed in this leaflet and the leaflet specific to your business will not mean that you have satisfied your obligations under other relevant hazardous substance related legislation. Under the transitional provisions of HSNO, the licensing system for hazardous substances will continue, but will eventually be phased out. You are obliged to keep up to date with any developments under HSNO.

What do I need to know about the transport of hazardous substances?
There is a host of other legislation and standards that you must be aware of if you transport hazardous substances. As a minimum, you will need to ensure that you comply with the Land Transport Act 1998 and the associated Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 – Transport of Dangerous Goods on Land.

Will I need to check up on other parts of the District Plan?
By following the relevant leaflet for your business, you are complying with the Plan's rules on hazardous substances and facilities. However, you also need to check up on other relevant zone related and district wide rules that are included in the Plan.

What else do I need to check?
You will also need to check up on any requirements set by a Regional Council (Environment Waikato or Bay of Plenty), depending on the location of your business within the Rotorua District. You will also need to check with the Council whether you need a trade waste permit if you discharge anything into a public sewer line.

Will anybody check up on my business?
The Council will carry out a monitoring programme and periodically inspect businesses to check whether they comply with District Plan rules on hazardous substances.

Available Help

The Council holds a series of specific guides on a range of businesses listed in this guide. These provide:

an average range of hazardous substances for each type of business
permissible quantities of hazardous substances which can be stored in different land use zones of the District
applicable distance-to-boundary rules
minimum performance standards that each business must comply with.

Please note that the information provided in this guide is of general nature and should not be relied on in specific circumstances. If you have any questions or if your business is not covered by one of the leaflets, please contact the Dangerous Goods Inspector of the Rotorua District Council at the following contact numbers:
Phone: (07) 348-4199
Fax: (07) 346-3143




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