Draft Policy for Assessing & Managing Contaminants in soil: a progress report WMINZ Conference, 15 October 2009 James Court and Howard Ellis Ministry for the Environment

22 NZ risk-based methodology to derive soil guideline values levels protective of human health; Determine good practice district plan provisions requiring appropriate risk management actions national environmental standard or guidelines New policy initiatives on managing contaminants in soil

3 Environment protected (human health, ecological and all beneficial uses) Good quality land maintained Fit for purpose land (maximising safe human use) Land affected by hazardous substances managed/remediated to the extent practicable Human health protected

44 [ Section 31 of the RMA ]: “the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land.” Good practice district plan policies and rules Why high priority?

Contaminated land provisions in district plans

No Restricted discretionary activity Yes Proposed subdivision, development, land-use change reports, RAP, mgt plan to council Permitted Activity on HAIL list? site investigation SGV exceeded? Assess site? No reports to council Preliminary investigation Step 1 Step 2 Step 3

 use experienced and qualified professionals for site reports and audits  RAP and/or risk management plan are subject to resource consent conditions  waste tracking system to ensure contaminated soil is safely transported to correct and authorised destination off-site Other requirements

9 Contaminant Concentration – Increasing level of risk Risk of chronic exposure Risk of acute exposure Negligible risk of exposure SGV (health) Significant adverse effects are reasonably likely Risk that adverse effects will occur Any adverse effects are no more than minor (Risk is acceptable ) Toxicological riskRMA effects thresholds Risk is unacceptable

SGVs (health) are for protecting human health  Land </= SGV (health) is safe for human use  Land > SGV (health) is to be remediated and/or managed  the national benchmark  not “pollute up to” levels.  not for assessing agricultural land per se

Can modify SGVs (health) on a site-specific basis as per guidance (Tier 2) if exposure is different from scenarios provided 1. Rural residential/lifestyle (10% produce) 2. Rural residential/lifestyle (50% produce) NON REG 3. Residential (10% produce) 4. High density residential (no produce) 5. Parks/Recreation 6. Commercial/industrial outdoor worker SGVs for regulatory purposes: Land use scenarios (fruit and vegetable consumption)

 SGV (health) derived for As, Cd, Cu, Cr (III, VI), Pb, Hg, B, BaP, DDTs, dieldrin, PCP, dioxin/furans, PCBs  SGV derivation methodology fully documented  Petroleum hydrocarbons (during 2010)  If no SGV (health) then look to CLMG No. 2  If background > SGV (health) then risk is more than minor and may need to be managed SGVs (health for regulatory purposes

Environmental effects  assess on a site by site basis,  use conceptual site model to identify:  ecological effects  effects on surface water, groundwater – including human drinking water sources  impacts on amenity values

14 How will everything fit together? Risk screening Investigating sites Classifying sites Sheep dips Timber treatment Petroleum Gasworks Analysing soils SGVs TA Policies & Rules Reporting

15 Analysing soils How will everything fit together? Risk screening Investigating sites Classifying sites Sheep dips Timber treatment Petroleum Gasworks SGVs District Policies & Rules Reporting NES

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Tentative timetable (NES) Discussion documentNov 09 Submissions periodto Mar ‘10 Submissions reportApril ‘10 Proposal to MinisterJune ‘10 If Cabinet approvesAug ‘10 Legal draftingSep ‘10 Regulation as NESNov ‘10

Information management  Local authorities are to maintain compatible databases to record and exchange information concerning contaminant in soil … An information management system shared between regional councils and territorial authorities and made accessible to those who need to make informed decisions about affected land is fundamental to achieving the effective and efficient public administration of land affected by soil contaminants.

Risk Management Remediation regulatory source control Containment regulatory exposure pathway control Behaviour non regulatory receptor control