1. Basic NEScessities of Life The first 2 months of implementation February 2012 James Corbett, Auckland Council Penny Kneebone, Tonkin & Taylor Ltd.

2. Abstract The new Auckland Council is assessing how the contaminated land rules for each of the seven legacy district council plans and the regional plan can be amalgamated. That process now needs to account for the introduction of the proposed National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES), introduced in January 2012. This paper reviews the impact the NES is likely to have on policy, regulation and operations. Does the NES clarify the management of land contamination? Does it make consenting easier, or more complex? Is it likely to result in more remedial works or less? What issues have arisen for Council and contaminated land practitioners? Discussion of EHO experiences with the NES to date.

3. Outline Auckland CouncilNES and its application The first 2 months: Auckland Council, consultants, EHOs Discussion

4. Auckland Council - A Unified Future with the NES 1 Regional Plan 7 Territorial/City PlansUNITARY PLAN NES Nov 2011 Early 2012 (?) 2013 (?) Pre Auckland Council Auckland Council today Auckland Council of future Rodney Franklin Auckland City Papakura Manukau Waitakere North Shore Auckland Regional Unitary Council Nov 2010

5. Size & Complexity Land Management Operations Land Contamination Specialists Specification: Policies, Plans Delivery: Enforcement, Services Largest Council in Australasia About 8,500 staff Over 1.4M served Auckland Council Service Delivery Operations (LCPM) Regulatory (Regional & Territorial) Service Specification Policy (Spatial Plan & Unitary Plan) Parks, Stormwater, Property, others CCOs e.g. ACPL, WDA, AT Parks, Stormwater, Property, others CCOs e.g. ACPL, WDA, AT

6. What does the NES do? Protects Human Health Appropriate identification and assessment of contaminated land before it is developed TAs to give effect to/enforce Overlay plan chapter Imposes timing / costs Requires more information –May not be welcome in areas where information requirements or rules have been less visible Not retrospective Rapid introduction - surprised?

7. Main changes Nationally consistent planning controls Nationwide Soil Contaminant Values Activity categories; triggers for activities Information baseline Incorporates Guidelines by reference

8. Consultant issues in first 2 months PSI/DSI osuitably qualified environmental professional ocost estimates Rules interpretation –Change in land use e.g. drycleaner changing to a takeaway –Production land e.g. fruit processing plant on orchard –Early discussions with Council to confirm activity status and information requirements Review previous assessments

9. Council impacts in first 2 months Training Process - mapping; no integration; Planners identify NES application; EHOs status Operational policies – reject where no reference to NES Communication – between departments; customers Information management: resources, legacy systems Issues – Alternate methods – discr default – Conflict Regnl Rules Tank pulls – Default land use categories

10. EHO issues in first 2 months Q’s, Confusions, Conspiracies: Are you coping with the change? What don’t you get? What would you like assistance with? Where do you see the greatest challenges? What experiences can you tell us all about? Any tips?

11. CASE STUDIES

12. Case Study: Omana Sheep Dip About 15m long, 1m wide and 1.5m deep a few metres from the beach at Maraetai Historically significant feature Used in the 1930s High use reserve

13. Case Study: Omana Sheep Dip Investigations –Preliminary Region-wide Sheep Dip Study –Detail Site Investigation Contaminants –Arsenic Remedial Works –Temporary fencing –Removal of contaminated material

14. Case Study: Omana Sheep Dip

15. Remediation Work plan unlikely to have been changed Consent required Restricted discretionary for works near tree & stream Restricted discretionary for disturbance & exceeding SCS

16. Case Study: Stokes Point Investigations –Preliminary Soil Sampling –Detailed Site Investigation –Human Health Risk Assessment Contaminants –Lead –BaP Remedial Works –Temporary fencing –Hot spot isolation

17. Case Study: Stokes Point

18. mg/kgMaxMean95% UCLACCHHRANES Lead8401622206004,000880 BaP837.11022140 No gross contamination Hotspots concentrations were too high to disregard NES would not have changed the work plan If lead concentrations had been higher, the NES would have required extensive remediation

19. Conclusion The NES will enable Auckland Council to more effectively manage human health risks consistently across the region Key factors for success include: –information management, –process integration, –training Cost impact on remediation programme –potentially minimal for most contaminants –HHRA for default land use categories increases cost