Operative Waikato Regional Policy Statement (October 2000)

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3  Significant Resource Management Issues, Objectives, Policies and Methods

3.10  Hazardous Substances

3.10.4 Existing Contaminated Sites¹

Principal Reasons for Adopting: Contaminated sites are reservoirs of contaminants that may migrate from the site through a variety of pathways including surface and ground water, windblown dust, gas emissions, contamination of produce and ingestion of soil. Surveys suggest that over 500 potentially contaminated sites exist in the Waikato Region². The prevention of new contaminated sites is addressed in section 3.3 Land and Soils. However, specific policies are required to address the wide range of adverse effects associated with existing contaminated sites.

The level of risk that is acceptable will depend on a variety of factors including the nature and degree of contamination, the sensitivity of the surrounding environment, and the current and foreseeable land uses.

The adverse effects of existing contaminated sites managed³ in ways that take into account:

1. the type and scale of the contamination
   
2. the potential use of the site and associated health or environmental risks
   
3. available remediation processes
   
4. the costs of various remediation or management options relative to the environmental benefits gained.

1. Identify, in consultation with territorial authorities and other relevant organisations, all existing or potentially contaminated sites in the Region and develop a protocol for the proper use and release of this information where such information is known.
   
2. Ensure, through regional and district plans, consistent, efficient and effective approaches to the remediation and management of contaminated sites.
   
3. Seek the guidance and assistance of central government on the management of orphaned or hardship contaminated sites⁴.
   
4. Consider the use of economic instruments and other management methods to encourage the remediation of contaminated sites during the preparation of annual plans and regional/district plans.

Existing contaminated sites can create a serious risk to both the environment and public health. Local authorities, central government agencies and landowners have a responsibility to ensure that the adverse effects associated with these sites are minimised. Depending on the type and scale of contamination, it may be feasible for site owners to remediate the sites and thereby minimise the risks posed by remaining contaminants. However, in some cases, the sites will not be able to be remediated, and different management methods will be required.

The number contaminated or potentially contaminated sites in the Region is unknown. Few of the sites have been thoroughly investigated, making the degree of risk for present or future users of the site unknown. The lack of information on these sites creates some uncertainty for both resource users and the community. For this reason, local authorities must work together with other agencies to collate all existing information into a register of confirmed contaminated sites. Once this information is collated a protocol for the proper use and release of this information will be required to ensure that the information is handled responsibly. For instance, when providing LIMs and PIMs territorial authorities should not refer to sites as potentially contaminated.

The register allows territorial authorities to plan for land uses on contaminated sites that minimise health and environmental risks to both site owners and the community. The register will also allow high risk sites to be prioritised for further investigation in terms of their potential effects. Once identified the sites must be managed in ways that minimise adverse effects. To provide certainty for resource users and the wider community this approach should be applied consistently throughout the Region. Regional and district plans will provide one means of providing this consistency. Economic instruments, such as rate relief or financial assistance, are methods of encouraging the remediation of contaminated sites. The application of economic instruments will need to be considered during the preparation of annual plans and regional or district plans.

Site owners are responsible for the actual management of contaminated sites. However, where the sites are identified as ‘orphaned’ or ‘hardship’ sites, some national guidance as to the liability for ongoing management is required. Orphaned/hardship sites are a nation-wide problem and as such, some guidance and assistance from central government would be desirable.

1. Reduced risk to human health and environment from existing contaminated sites.
   
2. Improved soil and water quality in the vicinity of known contaminated sites.

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Footnotes

1. See Glossary for definition of contaminated sites.
2. Potentially Contaminated Sites in New Zealand - A Broad Scale Assessment, MFE 1992.
3. Management in the context of contaminated sites includes all options from remediation to doing nothing.
4. Orphaned/hardship contaminated sites are sites where either the current owner does not have the resources to properly manage the effects arising from contamination or where there is no owner able to be identified.