Clifton Community Board Agenda (30 May 2019) - Agenda
AGENDA
CLIFTON COMMUNITY BOARD
Thursday 30 May 2019 at 4pm
Urenui Community Centre Urenui
Chairperson Mr Ken Bedford Members Mr John McLean Mr Warren Petersen Ms Pamela Street Cr John Williams
1 Clifton Community Board Agenda (30 May 2019) - Agenda
Community Boards
Role of community boards (s52 Local Government Act 2002) a) represent, and act as an advocate for, the interests of its community; and b) consider and report on matters referred by the council and other matters of interest c) maintain an overview of services provided by the council within the community; and d) prepare an annual submission to the council for expenditure within the community; e) communicate with community organisations and special interest groups within the community; and f) undertake any other responsibilities that are delegated to it by the territorial authority.
Addressing the community board Requests for public forum and deputations need to be made at least one day prior to the meeting. The Chairperson has authority to approve or decline public comments and deputations in line with the standing order requirements.
Public Forum Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting’s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation.
Deputations Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies.
Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and:
Promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.
Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council.
END
2 Clifton Community Board Agenda (30 May 2019) - Table of Contents
HEALTH & SAFETY
APOLOGIES
CONFLICTS OF INTEREST
PUBLIC COMMENT 1. Presentation from NZTA regarding Mt Messenger to update on where they are at with the Resource Management Act (RMA) process, comment on ecology programme and what’s happening next for the project.
2. Presentation from NPDC of proposed plan for new build of Tongaporutu toilets.
DEPUTATIONS None advised
COMMUNITY BOARD MINUTES Recommendation That the minutes of the Clifton Community Board dated 17 April 2017 (ECM7990572) and the proceedings of the said meetings, as previously circulated, be taken as read and confirmed as a true and correct record.
REPORTS
ITEMS FOR DECISION BY CLIFTON COMMUNITY BOARD
1 Members Activity Report – Ken Bedford
2 Members Activity Report – Pam Street
3 Members Activity Report – Warren Petersen
ITEMS FOR RECOMMENDATION TO COUNCIL
4 New Zealand Community Boards Conference 2019
5 Quarterly Progress Update on Waste Management and Minimisation Plan Implementation
6 Solid Waste Management and Minimisation Bylaw: Adoption of Statement of Proposal for Consultation.
END
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1 Clifton Community Board Agenda (30 May 2019) - Decision - Members Activity Report - Ken Bedford
MEMBERS ACTIVITY REPORT – KEN BEDFORD
PURPOSE This report advises of the community board activities of Ken Bedford in the period to 15 May 2019.
RECOMMENDATION That, having considered all matters raised in the report, the report be noted.
ACTIVITIES Onaero Foreshore Protection Society I attended a meeting of the Onaero Foreshore Protection Society on Friday 5 April. In attendance were over 30 residents of the area, Council planning officers, representative from Tonkin & Taylor and Ngati Mutunga, and the Clifton Community Board. A briefing was given as to the revised danger zones set by Tonkin & Taylor and how they will affect the District Plan. A visual inspection of the erosion areas was also held. Whilst the briefing was very good, the residents are still very concerned that very little action has been taken place to rectify the problem areas.
Community Board Chairs Meeting At the April Community Board Chairs meeting with the Mayor I brought up the situation of the toilets at Tongaporutu. At the same time, a discussion was held on the White Cliff’s walkway but as yet, no report has been forthcoming regarding the future of this walkway
Tongaporutu Toilets I was approached by the Daily News for comment on the condition of Tongaporutu Toilets. Unfortunately, despite a very good briefing at the previous Community Board meeting with residents from the area, a local resident had been in contact with the newspaper pointing out the present condition of the toilets. I briefed the paper on the information given to the residents at our previous meeting. A following article then concentrated on the inadequacy of the present rubbish disposal system in the area.
Following the previous board meeting, at an informal discussion with the residents’ present, officer’s advised that the temporary toilets would be removed after the Easter Break. Consultation with the Tongaporutu community will occur with regards to the new installation.
Anzac Day Again, we had a very good attendance for this service. One major part of the service is the get together of the residents etc. at the morning tea following the service which is funded by Council.
5 1 Clifton Community Board Agenda (30 May 2019) - Decision - Members Activity Report - Ken Bedford
New Zealand Community Board Conference – New Plymouth, 12/13 April
This was one of the best conferences I have attended. The speakers, workshops and compare were outstanding and the facilities were excellent.
The main theme with all speakers was “Trust”. This was picked up by most speakers in their presentations. Coping with Technology seemed to appear in all presentations.
Te Kahui o Taranaki Iwi presented on Engaging with the Māori Community. It was very interesting to hear Maori speak on even the problems that sometimes Maori have themselves expecting immediate solutions to their requests.
A very interesting address was given by Sarah Colcord from Manurewa who is one of the youngest Council members in her area. She has achieved great progress in having the voice of youth heard on council.
David Cull, President of LGNZ gave a very good update on discussions between local government and central government. One point he did dwell on was the rising sea level and the effect it had on erosion. He felt that local government is not moving fast enough to control erosion which is occurring in many parts throughout New Zealand.
We also managed to fit in a short Zone 3 meeting chaired by Mick Lester. Main points arising were: Mick is not seeking re-election again this year, so Community Boards can expect a new Chairman for NZ Community Boards Executive Committee in the net term. Concern was expressed that Zone 3 Community Boards were not meeting on a regular basis. Many of the Community Boards in our zone had similar concerns and problems. A Zone 3 meeting will be held in for June 2019 in Wanganui.
Report Details Prepared By: Ken Bedford, Chair Team: Clifton Community Board Ward/Community: North/Clifton Date: 15 May 2019 File Reference: ECM8013509
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6 Clifton Community Board Agenda (30 May 2019) - Decision - Members Activity Report - Pam Street 2
MEMBERS ACTIVITY REPORT – PAM STREET
PURPOSE This report advises of the community board activities of Pam Street in the period to 15 May 2019.
RECOMMENDATION That, having considered all matters raised in the report, the report be noted.
ACTIVITIES
Since the last Community Board meeting I have attended the Anzac Service in Urenui. This event attracts a large range of people from the Community in different forms from setting up the hall to making the cups of tea.
I really find listening to the young adults from Waitara High School and the children from Urenui School inspiring. This year the students from the High School had done some research about how their families has been affected by Anzac and the younger ones read a prayer.
I also attended the erosion beach walk at Onaero with residents and Council staff. This year the tide was in so we had an interesting walk/talk up through the reserve to look at the erosion from a different angle. It was a beautiful day, a large number of people turned up, and whilst most people are grateful, there are always one or two who use these moments to be rude to the Council staff and contractors, which isn’t necessary and quite frankly spoils the moment.
Report Details Prepared By: Pam Street Team: Clifton Community Board Ward/Community: North/Clifton Date: 15 May 2019 File Reference: ECM8013144
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Clifton Community Board Agenda (30 May 2019) - Decision - Members Activity Report - Warren Petersen
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MEMBERS ACTIVITY REPORT – WARREN PETERSEN
PURPOSE This report advises of the community board activities of Warren Petersen in the period to 17 May 2019.
RECOMMENDATION That, having considered all matters raised in the report, the report be noted.
ACTIVITIES Tongaporutu Toilets Where are we at with this matter? Can we also have an honesty box incorporated in this building?
Clifton Road Drain Culvert 2 Has this been done?
White Cliffs Walkway Has any progress been made?
Okau Road Is there any movement on fixing some of these washouts especially the ones just short of the Kiwi Road.
Mongaongana Road The land owner wants a decision to be made on this matter.
Report Details Prepared By: Warren Petersen Team: Clifton Community Board Ward/Community: North/Clifton Date: 17 May 2019 File Reference: ECM8013539
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Clifton Community Board Agenda (30 May 2019) - Recommendation - NZ Community Board Conference 2019
4 NEW ZEALAND COMMUNITY BOARDS CONFERENCE 2019
PURPOSE
1. The purpose of this report is to provide feedback and views on the NZ Community Boards Conference held in New Plymouth from 11-13 April 2019.
RECOMMENDATION That, having considered all matters raised in the report, the report be noted.
SIGNIFICANCE AND ENGAGEMENT
2. This report is provided for information purposes only, and has been assessed as being of some importance.
DISCUSSION
3. When Local Government New Zealand called for applications to host the biennial NZ Community Boards Conference our local community board members said, “why not us?” Consequently, after discussions with Mayor Neil Holdom and CE Craig Stevenson, Jayne Tidbury-Beer and I drew the short straws to do just that. We could not see much point in applying unless we were successful so we hatched a cunning plan and Jayne put together the ultimately fruitful bid. Then began the 18 months of hard slog, working alongside the LGNZ Community Board’s Executive Committee.
4. Our determination was to ensure there was a strong Taranaki presence in the programme and to maximise the opportunity to showcase Taranaki under the conference theme of ‘Community Boards in a Time of Change’.
5. After numerous meetings, visits, emails and teleconferences under the direction of Mick Lester, Chair - LGNZ Community Board’s Executive Committee, and the ever-watchful eye of Jayne, a challenging and informative range of speakers and workshops was pulled together.
6. This report provides a synopsis of the conference, which turned out to be a successful, enjoyable and informative event.
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4 CONFERENCE SYNOPSIS
Glen Bennett – MC
7. We engaged Glen to MC the conference. Glen mixes in many diverse communities around Taranaki and New Zealand, both at the coal face of community development, through to a governance and political level. He proved to be a well-grounded and witty MC, keeping the conference moving and in his indomitable fashion he constantly brought out the very best in the participants.
Plenary Sessions
Darren Pratley - Looking Forward, encouraging Youth and Talent
8. Darren’s expertise in marketing, branding, operational management and systems implementation, in a wide range of industry sectors, came through loud and clear in his session. His theme was that the world around us is relentlessly changing faster than society has ever experienced in the past. The huge changes in families, communities, workplaces and environments demand greater leadership than ever before. He believes that as leaders and creators of change, we must consider how our environments continue to change and how we can support this change. As communities are changing dramatically community boards must develop their collective talents and connect with the community to create real understanding and trust.
9. Everyone has less time, they have more information at their fingertips, are less engaged and have an opinion that they are willing to share, and do. Because of this, as organisations, elected members must consider how we work to consult, engage, and to develop trust with our constituents. Darren emphasised the days are over of coming into a communities space, overpowering it with political agendas, patting oneself on the back and then disappearing back over the horizon. He stated all territorial authorities (both governance and management) need credibility, reliability, intimacy and personal interest to carry out their roles effectively. The communities you spend the most time with directly impact your mindset. If you don’t spend time in your communities it is easy to lose sight of “Who’s the customer?”
Puna Wano-Bryant and Wharehoka Wano - Engaging with the Māori community
10. Puna is the Iwi Environmental Manager of Te Kahui o Taranaki Iwi, her uncle Wharehoka is its CEO. Both hold important positions in a wide variety of other Taranaki organisations. Believing that to build communities, leaders need a heart for unity, being compassionate and being true to oneself. Both are committed to ensuring that Taranaki’s iwi voices are heard. Their well-received theme, presented with honesty and laughter, was about community boards
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4 ensuring the voices of their iwi’s pahake, taiohi and mokopuna are listened to and heard, and their educational, cultural and te reo aspirations addressed.
Sean Zeiltjes - Taranaki Mounga Project
11. Sean is another Taranaki resident, born and raised on farms around the Mounga. As Project Manager he is making sure we are on target to secure the Mounga from predators and weeds, and then restore species to it, revitalising the ecology across the landscape.
12. Sean set out how the project is working with many others in the region to inspire the Taranaki community to pick up this challenge and create a step change in biodiversity restoration and long-term sustainability. He explained the innovations required to solve the challenges, stating that the project is a ‘perfect storm’ of ecology, iwi, hapū and community. Community Board involvement has already started in Taranaki and this partnership at the local level is important.
Sarah Colcord - The important role of youth voice groups locally and regionally
13. Sarah was elected to the Manurewa Local Board at 20 years old. She is the youngest member of Manurewa Local Board and one of the youngest politicians in Tāmaki Makaurau. She is also the co-founder of the Auckland Youth Voice - a network that supports the development of Youth Voice groups/councils in Auckland. She shared her strong desire to connect, support and empower the young people of Aotearoa and ensure they are part of the decision-making process. Her theme was that youth groups in various forms provide representation or a voice for youth in the community. They should play an important role as they connect, support and empower young people to be involved in the community and they elevate the voice of young people in decision-making spaces. As these groups grow across Aotearoa, there is an opportunity to work collectively towards increasing youth participation, engagement and advocacy on both local and regional levels.
Shay Wright - Setting the foundations for community development
14. Shay is a Māori social entrepreneur named in the Forbes Asia list of ‘30 Under 30 Social Entrepreneurs’ for his work as co-founder of two social enterprises - Te Whare Hukahuka and Nuku Ltd. Both enterprises help indigenous communities set up and grow world-class social enterprises to create community change. Shay’s address centred around the connection between entrepreneurship and community, strategies to grow youth leadership in our communities and how indigenous concepts can help to reshape our relationships.
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4 Dr Natalie Jackson - The implications of our ageing population
15. Natalie is Director of Natalie Jackson Demographics Ltd. Previous roles include Professor of Demography and Director of the National Institute of Demographic and Economic Analysis (NIDEA) at the University of Waikato and Adjunct Professor of Demography at Massey University. The focus of her thought- provoking address was on regional population ageing, the subnational ending of population growth, and the consequences of these trends for all levels of government, the labour market, the welfare state, education and health care policy, housing, and business in general. Her theme included population projections covering in-depth analysis of population patterns and trends for our region.
16. The presented data centred on what it means to age ‘structurally’. Increased numbers at older ages due to increasing longevity is known as numerical ageing. When this is coupled with increased proportions at older ages due to declining birth rates this is ‘structural ageing’. Structural ageing reduces natural population increase. More elderly people than children, means more deaths than births and therefore a natural decrease meaning the end of growth and resulting in depopulation.
17. Even a policy of huge migration numbers cannot prevent the onset of structural ageing. She told us her data clearly shows that immigration is only a short term solution to these issues, saying almost all towns and centres throughout New Zealand will have more older residents than children within 10 years. There will be fewer available young and middle-aged people for service groups - think volunteer fire service. There will also be fewer adults of childbearing age that will compound the issue even further.
Noa Woolloff - Engaging the next generation
18. Noa gained significant national and international media attention when he became the head boy of his school and during the same year, became a father. He now works for the Mayors Taskforce for Jobs. Noa spoke about his experience of being a young person today and the complex challenges which are facing his generation, and how the Mayors’ Taskforce for Jobs is aiming for zero youth unemployment.
Malcolm Alexander - LGNZ Localism Project
19. Malcolm is the CEO of Local Government New Zealand and brings with him a combination of a legal background and commercial experience. He works very hard to position Local Government as a unified strong voice in the total government structure. His session was centred on the LGNZ Localism Project.
12 Clifton Community Board Agenda (30 May 2019) - Recommendation - NZ Community Board Conference 2019
4 20. When it comes to centralisation, New Zealand is way down the list amongst OECD countries, with decision-making heavily concentrated in central government politicians and officials. He told us that for every tax dollar spend by local authorities, the central government spends $7.30 and this is not a record to be proud of. OECD data shows that productivity per capita and decentralised decision-making are correlated, and on both measures, New Zealand ranks well down the developed world pack. More practically, New Zealand’s diverse communities have long outgrown one-size-fits-all policymaking, and there is a growing acceptance that we need to devolve and decentralise decision-making to celebrate and leverage our differences.
21. Consequently, LGNZ is calling for a shift in the way public decisions are made in New Zealand by seeking a commitment to localism. Instead of relying on central government to decide what is good for our communities it is time to empower councils and communities themselves to make such decisions. Strengthening self-government at the local level means putting people back in charge of politics and reinvigorating our democracy.
Workshops
Toby Shanley - Towards Predator-Free Taranaki
22. Toby grew up in Ōakura and has a real passion for protecting NZ’s native biodiversity. He has worked in conservation, ecological restoration and biodiversity protection for the past 10 years, with a lot of work on NZ’s pest- free offshore islands. He is Project Manager of Towards Predator- Free Taranaki and works closely with the Kaitake Community Board. Toby’s theme was based on the processes to restore the sound and movement of our wildlife and rejuvenate native plants in urban and rural Taranaki. The project supports and builds on the foundations of the many projects already working to restore the native biodiversity of Taranaki.
Caitlin Metz - Rural Connectivity Group – RBI2 and Mobile Black Spots Programme
23. Caitlin is Engagement Manager for the Rural Connectivity Group and is working with councils, iwi, community groups, landowners and government agencies to help deliver the RBI2 and MBS programmes. She has worked in the building and telecommunications industries for more than 25 years and has led the engagement on large scale infrastructure projects including the “Fibre To The Node” rollout, Rural Broadband Phase 1 and the Tasman Global Access telecommunications cable.
13 Clifton Community Board Agenda (30 May 2019) - Recommendation - NZ Community Board Conference 2019
4 24. Caitlin provided a wide-ranging update on progress to the delivery of new mobile and wireless broadband coverage to approximately 36,000 rural homes and tourist destinations. The opportunity for questions and discussion on how to achieve a successful outcome for a connected rural New Zealand is especially important in a rugby World Cup year as all matches will only be provided through Internet online streaming.
Ben Ingram – Community Emergency Planning
25. Well known in our community, Ben delivered a presentation of his experiences in community emergency planning, especially post Christchurch. The workshop was well attended and it was quite obvious that many of the boards in attendance were not up to speed in engaging their communities in the process of planning for emergencies.
26. Ben highlighted the work that Taranaki community boards have been doing, especially the Kaitake and Egmont Plains community boards who are well down the track. Attendees were given an insight into what happens at civil defence level during a crisis and were also given information on how to access training should they wish to become more involved in the actual CD volunteer programmes.
27. Ben’s workshop was thorough and well received by the attendees and all went away with some motivation and objectives to work towards.
Shay Wright & Sarah Colcord – How to Develop and Empower Local Youth Voice
28. Shay’s bio and Sarah Colcord are recorded above so no need to repeat it here. The workshop was well attended (possibly one of the biggest) and both Shay and Sarah were slick in their presentation. Delegates worked and interacted as discussion groups in answer to the questions which Shay and Sarah posed. The workshop was well received and a synthesis of the outcomes of the workshop is below. Here are the questions and replies from the participants.
‘What are the skills/values/contributions that young people bring?’
29. Energy - Diversity - Futuristic - Innovative - Flexibility - Networking - They think Big - Multi-Cultural - Ethical bottom line - Different perspective - Naturally encouraging - Questioning Approach - Open to new possibilities - Experts on social media - Use technology for good - Challenging the status quo - Will not be micromanaged - Educated on a wide range of issues - Less restricted about past limitations.
‘What are the barriers preventing you from engaging better with our young people?’
30. Ageism - Attitudes - Perceptions - Closed doors - Disconnection - Invisible voices - Stuck in our ways - Lack of leadership - We lack inclusivity - Our preconceived ideas - Lack of roles/ vacancies - We do not seek out their ideas - No
14 Clifton Community Board Agenda (30 May 2019) - Recommendation - NZ Community Board Conference 2019
4 encouragement or mentorship - We don’t give them permission to lead - Need to create a nurturing environment - Bureaucracy/Process to follow/ Red tape - We think we know it all including what youth want!
How could your Community Board create better or more opportunities for young people to participate in decision making?
31. Remove barriers - Mentor - Motivate - Open doors - Hold space - Spark interest - Create channels - Better attitudes - Create networks - Change in culture - Organize meetings - Start Conversations - Welcome into the fold - Reveal 'secret society’ - Unite in mutual respect - Shoulder tap individuals - Invite voice and involvement - Youth development agencies - Approach individuals on topics - Place an importance on their views.
32. It was put to us that an important kōrero for all elected members would be to workshop around the theme of what do you love about your community?
33. After all the hard work we were relieved to experience such a refreshing and uplifting event. It proved, yet again, to be a forum where every participant shared the common motivation of community service. The universal pride of making a difference at the grassroots level of New Zealand society was particularly obvious. Invariably community board members live in and engage with their neighborhoods, they understand local issues and can be a key component in local government decision-making.
FINANCIAL AND RESOURCING IMPLICATIONS
34. The costs associated with conference attendance were as follows:
Seeding Fund Allocated $5,000
Registration 2 day $2,008 (4 Board members) Registration 1 day $756 (1 Councillor & Deputy Mayor) Accommodation $668
35. Free registration was provided for one Community Board member and one staff member who were members of the organising committee.
36. A seeding fund of $5000 was provided by NPDC and there is an agreement that 50% of any profits received by NZ Community Board Executive will be returned to NPDC. At the NZ Community Boards Conference held in Methven in 2017, a $6,000 profit was returned to the host Council.
15 Clifton Community Board Agenda (30 May 2019) - Recommendation - NZ Community Board Conference 2019
4 IMPLICATIONS ASSESSMENT
37. This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically:
Council staff have delegated authority for any decisions made; Council staff have identified and assessed all reasonably practicable options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost- effective for households and businesses; Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; Any decisions made are consistent with the Council's plans and policies; and No decisions have been made that would alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or would transfer the ownership or control of a strategic asset to or from the Council.
Report Details Prepared By: Doug Hislop/Mike Pillette Members: Kaitake Community Board Ward/Community: District Wide Date: 7 May 2019 File Reference: ECM 8001548
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16 Clifton Community Board Agenda (30 May 2019) - Recommendation - Quarterly progress update on Waste Management and Minimsiation Pl...
QUARTERLY PROGRESS UPDATE ON WASTE MANAGEMENT AND MINIMISATION PLAN IMPLEMENTATION 5
PURPOSE
1. The programme for the implementation of actions in the Waste Management and Minimisation Plan for the next three years is provided with an update on progress towards the Zero Waste vision.
RECOMMENDATION That, having considered all matters raised in the report, the report be noted.
SIGNIFICANCE AND ENGAGEMENT
2. This report is provided for information purposes only, and has been assessed as being of some importance.
DISCUSSION
3. The Waste Minimisation Act 2008 (WMA) requires the New Plymouth District Council (the Council) to review and implement a Waste Management and Minimisation Plan (WMMP). This plan is the guiding document for achieving effective and efficient waste management and minimisation within the New Plymouth District for the next six years.
4. The most recent WMMP was reviewed and adopted in 2017, and implementation budgeted and approved through the 2018-28 Long Term Plan.
5. Zero Waste is a strategic priority for the Council and therefore regular updates on progress with the implementation of the WMMP and how effective this is will be provided on a quarterly basis.
Implementation Plan 2018-2020
6. The following implementation plan has been established for the first three years of the WMMP. Brief comment on action status is also provided. More detail is provided for two key projects (Zero Waste events and public place recycling trial).
17 Clifton Community Board Agenda (30 May 2019) - Recommendation - Quarterly progress update on Waste Management and Minimsiation Pl...
Behaviour Change Action Key milestones WMMP Timeline Progress/updated timeline Implement a targeted Recruit waste minimisation staff 2018 Complete 5 education programme Develop Behaviour Change Strategy 2019 Underway; general structure, key priorities and target communities currently being identified Deliver education programmes Ongoing Recent / planned campaigns (under existing regional education What can be recycled (quarterly) plan and per strategy once developed) Love Food Hate Waste Plastic Free July Plastic bag ban (1 July) Establish school and business 2019 Staff training on school programme behaviour change programmes complete; initial engagement with six schools underway; Business programme under development; engagement with six businesses underway. Deliver home Trial workshop format with subsidised 2018 Complete composting workshops bins Implement annual workshops 2019 and ongoing Underway (six planned for 2019/20) Participate in regional Regional Ongoing Recycling contamination and national research Zero Waste events and initiatives Waikato BOP waste forum Regional website upgrade National Ongoing Public place recycling trial Love Food Hate Waste National resource recovery task force Behaviour change steering group National TA collaborative fund
18 Clifton Community Board Agenda (30 May 2019) - Recommendation - Quarterly progress update on Waste Management and Minimsiation Pl...
Collaboration and Partnerships Action Key milestones WMMP Timeline Progress/updated timeline Regional collaboration Regionally align solid waste bylaws 2019 Review of NPDC bylaw underway (also 5 working to align with STDC and SDC) Regional contestable fund for Waste 2018 NPDC fund available levy Regional fund deferred to 2019/20 Collaborate to develop As opportunities arise Ongoing Underway (2019) innovative waste McDonalds solutions Toitupu Toiora – Taranaki’s Green Initiative (Zero Waste events) Alternative uses for mixed plastics
Leadership and innovation Action Key milestones WMMP Timeline Progress/updated timeline Illegal dumping Participate in national research project 2018 2019 Project scoping underway strategy (reporting and enforcement) Research behaviour drivers for 2019/20 dumping and successful programmes elsewhere Develop strategy 2019/20 Develop an in-house Develop project plan 2018 Completed waste strategy Collate waste and diversion data for all Planned for 2019 council operations Develop waste reduction action plan Investigate options for Feasibility study on local options for 2019 Project scope being developed aggregating diverting commercial waste commercial waste Develop a strategy to Identify key focus areas and develop 2018 Draft strategy provided to Taranaki Solid advocate to Central strategy Waste Management Committee for Government comment
19 Clifton Community Board Agenda (30 May 2019) - Recommendation - Quarterly progress update on Waste Management and Minimsiation Pl...
Accessible services and facilities Action Key milestones WMMP Timeline Progress/updated timeline New kerbside services Food waste collection service 2019 Mobilisation plan complete 5 Replace rubbish bags with bins Bin delivery planned for Aug/Sept 2019 Offer flexibility in bin sizes Start of service 30 September 2019 Extend kerbside 1. Early childhood centres 2018 Complete (service started Nov 2018) collection area 2. Rural areas 2019 Consultation in proposed areas underway; extension planned for 30 September 2019 3. Commercial 2023 Survey of businesses underway; Planned 2020/21 Subsidise backdoor 2018 Complete collection service Develop Community Complete Detailed Design and 2019 Detailed design complete; first stage Reuse and Recycle construction construction planned for August Centre (renamed The (groundworks, parking and temporary Junction) container buildings) Engage community partners Complete (now in mobilisation phase) Open centre Opening of stage 1 planned for late 2019 New transfer station at Detailed design and construction 2019 Detailed design underway; Construction Resource Recovery 2019/20; Haulage to landfill will be out of Facility existing transfer station from August 2019 Provide a regional Colson Road landfill closure 2019 Closing 4 August 2019; Investigating special landfill waste disposal; planning future use options Central landfill construction 2019 Construction ceased but site retained for future use; waste disposal at Bonny Glen landfill from August 2019 Provide commercial 2017 Being reviewed in light of current recycling access to recycling at markets; MRF Updated timeline 2019
20 Clifton Community Board Agenda (30 May 2019) - Recommendation - Quarterly progress update on Waste Management and Minimsiation Pl...
Zero Waste events held 5 7. Implementation of the Leadership and Collaboration goal of the WMMP includes the establishment of Zero Waste events. As a result of a collaboration between the Council and Taranaki Arts Festival Trust (TAFT), the Taranaki Green Initiative, Toitupu Toiora has been developed.
8. The vision for this initiative is to provide a guide for Zero Waste events that can be used throughout the region, including provision of infrastructure (i.e. bin lids and branding), planning tools and a volunteer network which will make achieving Zero Waste at events the norm. In the future, this may also expand into other sustainability initiatives.
9. Over the summer, branding, bin and signage infrastructure was developed and the new approach to Zero Waste events has been trialled at several events, drawing on the experience of TAFT and collaboration with the Council Events and Venues teams.
10. There was a soft launch of the new signage and bin infrastructure at the Festival of Lights in December 2018 and an official launch of Toitupu Toiora at the Toto & Dragon concert on 11 January 2019. This concert achieved 95% diversion of waste to landfill far exceeding the target of 80%.
11. Toitupu Toiora had now been used as a number of events and the Council has had requests for use of the bin infrastructure and signage by a number of event organisers. Over the winter, a guide and infrastructure are being further developed so that this is available to be hired by community groups by the next event season in spring.
Figure 1 Publicity and branding for Toitupu Toiora
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5 Public place recycling trial
12. Providing recycling options in public places was originally programmed for 2021 in the WMMP. However in 2018 the New Plymouth District was selected to be a part of the national phase 2 recycling bin trial as part of the Litter Less Recycle More project with The Packaging Forum.
13. The Packaging Forum provided funding for bins similar to those used in other districts around New Zealand. This provided an opportunity for the Council to bring the project forward using existing budget to cover installation costs.
14. Prior to installation, waste audits of the existing bins were undertaken which showed that there was significant potential for diversion of waste from landfill.
15. New recycling stations were installed at Ngamotu Beach, Waitara Marine Park and Oakura Village over the Christmas period. Audits will be repeated over the next month to monitor bin content and establish the level of contamination in recycling and food bins.
Figure 2 Public place recycling bins installed at Ngamotu Beach
16. Initial feedback on the bins indicates that they are visible and colourful, but that more information on what can go in the bins would be helpful. The ease of installation and serviceability are also being monitored.
17. There has been low use of the food waste bin, which is the first to be installed in New Zealand as part of the trial. With the introduction of the kerbside food scraps collection later this year, there may be an increase in the use of this bin as it will be similar to what is done at home.
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18. Brooklands Zoo also installed a new recycling bin station in 2018, using similar colours and branding to the national bins, with fun graphics added to engage 5 with children.
New kerbside collection service 19. Planning is well underway for the new kerbside food scraps (in a 23L bin) collection and the change from rubbish bags to a 140L wheelie bin for landfill waste.
20. The manufacture of new electric trucks that will be used for the new services are underway, which will contribute to the goal of moving to a low carbon economy. Bin delivery is expected to occur in late August and September with the service starting on 30 September 2019.
21. More information about the service changes will become available to households in the coming months.
Key Plan Targets
22. A selection of the key targets in the WMMP have been provided to monitor the success of the implementation.
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5 2015/16 2018/19 TARGETS Unit 2016/17 2017/18 (Baseline) Q1-Q3 Waste to landfill Reduce the total waste volume per Tonnes / capita going to the regional landfill 0.56 0.43 0.40 0.30 capita / year by 10% by 2023 (NP District only) Reduce the total waste volume per Tonnes / household going to landfill from the household / 0.25 0.23 0.26 0.19 Council kerbside collection by 25% year by 2023 Diversion of waste Increase the amount of household waste diverted to recycling by 1% 41% 10% 2% 4% % per year (Council provided kerbside recycled increase increase decrease collection only) Reduce contamination of Council provided kerbside recycling delivered % 12% 12.9% 16.2% 19.4% to the Material Recovery Facility to 8% or below Customer satisfaction Total number of complaints received about the Council’s solid waste Per 1,000 0.84 1.3 0.95 0.47 service remains at or below three households per 1,000 households Community engagement Number of education tours to the 56 tours in Resource Recovery Facility will No. 45 61 39 2016 exceed 52 per year
23. Waste disposal to landfill continues to decline (Figure 3) however a key area that is not achieving the WMMP target is the level of contamination in the recycling, which is showing an increasing trend (Figure 4). Further work on how to engage the community in different ways to improve this is being investigated, with the most recent “Keeping it clean” campaign currently underway.
24. Planned projects over the next two years should contribute to achieving increased waste diversion, particularly with the introduction of the food scraps collection at the kerbside, and the opening of The Junction (community reuse area) at the Resource Recovery Facility later in 2019. Further updates on these projects will be provided in future quarterly reports.
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5
Figure 3 Annual waste disposal to Colson Road Landfill
Figure 4 Contamination of recycling at the Material Recovery Facility (November 2015 to March 2019)
FINANCIAL AND RESOURCING IMPLICATIONS
25. In general, the actions in the plan are being implemented within budget.
26. The new kerbside collection service changes will result some savings in the food waste collection budget, but higher costs for the collection of landfill bins which are replacing rubbish bags, will off-set this saving. Electric trucks will be used for the fleet required for the new services (six trucks). External funding has been applied for to reduce the additional capital cost of going electric. The first year of the service will be able to be provided within budget.
27. Work on Zero Waste events has highlighted increased resource may be required to effectively implement Zero Waste events on an ongoing basis. This may need to be considered in the next LTP.
IMPLICATIONS ASSESSMENT
28. This report confirms that the matter concerned has no particular implications and has been dealt with in accordance with the Local Government Act 2002. Specifically:
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Council staff have delegated authority for any decisions made; Council staff have identified and assessed all reasonably practicable 5 options for addressing the matter and considered the views and preferences of any interested or affected persons (including Māori), in proportion to the significance of the matter; Any decisions made will help meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost- effective for households and businesses; Unless stated above, any decisions made can be addressed through current funding under the Long-Term Plan and Annual Plan; Any decisions made are consistent with the Council's plans and policies.
Report Details Prepared By: Kimberley Hope (Manager Resource Recovery) Team: Resource Recovery Team Approved By: David Langford (Infrastructure Manager) Ward/Community: District Wide Date: 7 May 2019 File Reference: ECM 8003719
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SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW: ADOPTION OF STATEMENT OF PROPOSAL FOR CONSULTATION
6 MATTER
1. The matter for consideration by the Council is to adopt a Statement of Proposal for community consultation on the draft Solid Waste Management and Minimisation Bylaw as a significant early step towards achieving the Council’s Zero Waste vision.
RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report the Council:
a) Note that the current Solid Waste Bylaw has been reviewed in line with the Long-Term Plan 2018-28 service changes and the Waste Management and Minimisation Plan 2017 to achieve the Council’s Zero Waste vision, and a new Solid Waste Management and Minimisation Bylaw has been drafted
b) Determines that the bylaw as proposed is the most appropriate form of bylaw in light on the requirements of the Local Government Act 2002 and Waste Minimisation Act 2008
c) Determines that the bylaw as proposed does not give rise to any implications under the New Zealand Bill of Rights Act 1990
d) Adopt the Statement of Proposal to consult the community for the draft Solid Waste Management and Minimisation Bylaw
COMPLIANCE Significance This matter is assessed as being of some importance This report identifies and assesses the following reasonably practicable options for addressing the matter:
1. Adopt the Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw Options 2. Adopt an amended Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw
3. Do not adopt a Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw
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COMPLIANCE The persons who are affected by or interested in this matter are residents using the kerbside collection service or a transfer Affected persons station, commercial waste collection providers, event 6 managers, and construction firms. Recommendation This report recommends option 1 for addressing the matter. Long-Term Plan / Annual Plan No Implications Significant No. This proposal is an important early step towards Policy and Plan implementing the Council’s Zero Waste vision. Inconsistencies
EXECUTIVE SUMMARY
2. This report recommends the Council adopts the attached Statement of Proposal to consult the community on the proposed new Solid Waste Management and Minimisation Bylaw.
3. This will enable the community to have its say on the proposed bylaw which supports service level changes as indicated in the Waste Management and Minimisation Plan 2017 and Long-Term Plan 2018-28. These changes are key parts of achieving the Council’s Zero Waste vision include:
a) The replacement of weekly rubbish bags with a fortnightly rubbish bin, and
b) The introduction of a new weekly food waste bin collection service
4. There are no key risks of this option as it aligns to previous decisions in the adoption of the Waste Management and Minimisation Plan 2017 and Long-Term Plan 2018-28, and the Council’s determination to review the existing Solid Waste Bylaw on 12 February 2019.
5. Consultation will occur from 24 June to 24 July 2019, and the new bylaw will most likely be adopted at the 17 September 2019 Council meeting, before the service level changes taken effect on 30 September 2019.
BACKGROUND
6. The current Solid Waste Bylaw reflects existing service provision. The Waste Management and Minimisation Plan 2017, implemented through the Long-Term Plan 2018-28, is introducing significant service changes. These changes aim to help achieve the Council’s Zero Waste vision. For most residents the most notable change will be to kerbside collection with a new weekly food waste bin service and a shift from weekly rubbish bags to fortnightly rubbish bins (with
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recycling staying the same). However, there are other changes as well, particularly to manage commercial waste.
7. The Planning Committee determined, on 12 February 2019, that the most 6 appropriate way of addressing the perceived problems relating to solid waste was through a bylaw. The Committee approved the review of the current Solid Waste Bylaw.
8. Bylaws are not aspiration documents in themselves, but instead they can set enforceable rules that support achieving aspirations. In this case, the proposed bylaw supports the Council’s Zero Waste vision and is a significant step in reducing waste and improving the disposal of waste that is generated. This proposed bylaw is a significant early step in moving New Plymouth District towards a Zero Waste future, and sets the foundation for future changes.
Proposed Solid Waste Management and Minimisation Bylaw
9. As indicated in the 12 February 2019 determinations report the review of existing Solid Waste Bylaw considered whether the bylaw should remain within the existing consolidated bylaw or split into a standalone bylaw.
10. Standalone bylaws are now common with other Councils, and are considered to provide advantages including:
Improved interpretation and understanding of bylaws with all relevant information located together within a single document; and
Allowing the Council to establish a more staggered and clear approach to reviewing its bylaws.
11. The proposal is that Solid Waste Management and Minimisation Bylaw would replace the existing New Plymouth District Council Bylaw Part 9 Solid Waste. This new bylaw will, once and if adopted, become a standalone bylaw. While this lengthens the bylaw, it becomes easier to interpret and manage.
12. The bylaw review was primarily focused on implementing the service changes agreed to in the Waste Management and Minimisation Plan 2017. The bylaw review also considered how Council may achieve greater regional collaboration (through improving consistency with South Taranaki’s Solid Waste Bylaw) as well as incorporating many provisions from the Waikato/Bay of Plenty Model Bylaw, considered best practice in the sector.
13. The proposed bylaw also contains those provisions and definitions which previously sat in the Introductory Bylaw to enable the bylaw to separate from the consolidated bylaw.
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14. While many of the existing provisions were retained, new provisions have been added to allow Council greater ability to deliver on the Zero Waste vision and to reflect industry best practice. These major changes are summarised in the Statement of Proposal and include: 6
a) addressing littering through a more comprehensive approach than currently provided for in the Public Places Bylaw (this will result in the current provisions being repealed at the time of the proposed bylaw’s adoption)
b) managing new donation collection points to minimise waste and illegal dumping occurring at such sites
c) minimising waste at events through requiring significant events (e.g. concerts) to develop an event waste management and minimisation plan
d) minimising waste at construction sites through requiring any non-residential building consent with an estimated value of $500,000+ of work to develop a waste management and minimisation plan for onsite construction waste
e) reflects Council’s shift from bags to bins as per the 2017 Waste Management and Minimisation Plan and the 2018-2028 LTP, including the regulation of what can be placed into kerbside collection services including prohibiting greenwaste from going in the general waste bin and strengthening provisions relating to contaminated recycling,
f) enabling those people living in a multi-unit development such as a shared driveway or multi-unit building to share a waste collection service to avoid a large number of bins causing a hazard on the footpath. The proposed bylaw enables Council to offer a rate remission for properties undertaking this arrangement, subject to conditions including the development of and compliance with a waste management and minimisation plan for the properties.
15. The proposed bylaw strengthens the Council’s ability to make controls and rules to support the implementation of the bylaw. These controls or rules can be made, amended or revoked by the Council following the principles of consultation under Subpart 1 of Part 6 of the LGA.
16. This section allows the Council to be responsive to changes in the regulatory context of Solid Waste. These controls and rules may relate to the following non-exhaustive list of matters, as found in clause 5.1 of the proposed bylaw:
a) the weights, numbers, types and contents of approved containers for disposal of waste, recyclable material or food;
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b) recycling, including procedures for disposal of newspapers and flattened cardboard;
c) the separation of recyclable material, food waste and residual waste; 6
d) commercial waste collection on either an ad hoc or ongoing basis;
e) the days and hours that a Council operated transfer station or landfill will be available for solid waste disposal and management;
f) the types of waste Council operated landfills may accept, including whether they will accept special waste or hazardous waste;
g) the ability for Council to require a fee for receiving a service under this bylaw;
h) the ability for Council to allow for the rebate of a fee
i) the ability for Council to remit a rate, in accordance with a rates remission policy adopted in accordance with the Local Government Act 2002, for receiving part of a service or not receiving a service under this bylaw; or
j) the size, location, quantity and general management of propriety bins allowed in public places.
17. Any changes made by the Council under this controls or rules section are subject to the Council’s Significance and Engagement Policy, which means the level of engagement is dependent on the significance of the issue.
18. The controls and rules section enables the Council to quickly set up and regulate a landfill if required for contingency reasons.
19. Council has many options to respond to non-compliance and breaches of the bylaw. For those operating under licence within the bylaw, the Council has robust provisions to respond to non-compliance from issuing written warnings to enforcement under the Healthy Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.
20. For breaches of the bylaw relating to kerbside collection, the proposed bylaw strengthens the Council’s existing approach to responding to breaches such as recycling contamination, incorrect contents in approved containers, and unsuitable placement of containers. It also enables the Council to recover any reasonable costs in rectifying any issue.
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21. For repeat breaches of the rules regarding kerbside collection, the Council currently operates a ‘three strike’ process, which leans heavily on education and communication before enforcement. For example, for breaches relating to recycling contamination, the first strike is a sticker on the container, the second 6 strike is a letter, and the third strike is a letter and collection is ceased for three months. The graph below shows the sharp reduction between each of these warnings throughout the 2018 year, demonstrating the effectiveness of the system.
22. The proposed bylaw delays the implementation of events and construction site waste management and minimisation plans for a year to enable the relevant sectors to have time to prepare for the changes. The Council will also develop templates and examples for both sectors to reduce compliance costs. These initiatives help to address significant sources of waste being generated in the district.
23. Section 155(2)(b) of the Local Government Act 2002 requires the Council to determine whether the proposed bylaw gives rise to implications under the New Zealand Bill of Rights Act 1990. No implications under the New Zealand Bill of Rights Act 1990 have been identified for the proposed bylaw.
SIGNIFICANCE AND ENGAGEMENT
24. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because this implements previous Council decisions (through the Waste Management and Minimisation Plan 2017 and Long-Term Plan 2018-28) thereby enabling the Council to regulate and meet agreed to service level changes. Without undertaking this review, the Council would not be fulfilling its statutory obligations to have a bylaw in line with its Waste Management and Minimisation Plan.
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25. This report seeks the Council’s adoption of a statement of proposal for community consultation. Consultation will occur from 24 June to 24 July 2019. If required, a hearing will be held in August or September 2019. 6 26. As new service changes will start on Monday 30 September 2019, the new bylaw must be adopted by that time.
OPTIONS
Option 1 Adopt the Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw
Financial and Resourcing Implications
27. The costs of consultation is met within existing budgets. The costs associated with implementing the draft bylaw have been included in the Long-Term Plan 2018-28 and Annual Plan 2019/20.
Risk Analysis
28. This option seeks the community’s view on the proposed bylaw, and so has low risk.
Promotion or Achievement of Community Outcomes
29. The proposed bylaw promotes Caring for our Place through regulating waste.
Statutory Responsibilities
30. The proposed bylaw relies on bylaw-making powers under four Acts of Parliament: 31. Section 56 of the Waste Minimisation Act 2008 provides for the making of bylaws specifically to manage waste
Section 12 of the Litter Act 1979 provides bylaw-making powers to regulate litter
Section 64 of the Health Act 1956 enables making bylaws for public health reasons, and
Sections 145 and 146 of the Local Government Act 2002 provides general bylaw-making powers, including to regulate waste management in general.
32. Section 156 of the Local Government Act 2002 applies to this proposed bylaw, and therefore the Council must consult the community before adopting the bylaw.
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Consistency with Policies and Plans
33. The proposed bylaw implements the Waste Management and Minimisation Plan 2017 and the Long-Term Plan 2018-28. The proposed bylaw is a significant 6 early step in achieving the Council’s Zero Waste vision through reducing waste and improving the disposal of waste that is collected.
Participation by Māori
34. Nga Kaitiaki were informed of the Solid Waste Bylaw review at its18 December 2018 meeting. No other specific participation has occurred to date in relation to the proposed bylaw. Iwi, hapū and other Māori groups will be able to participate in the consultation process if they wish.
Community Views and Preferences
35. This issue has been consulted on a number of times in recent years:
The Waste Management and Minimisation Plan 2017 was subject to the special consultative procedure, receiving 1,106 submissions. Overall 84 per cent of submissions supported a Zero Waste vision.
The Long-Term Plan 2018-28 Consultation Document included a key question around achieving this Zero Waste vision. There were 3,697 submissions on that question, with nearly 50 per cent supporting the option to improve service delivery, and a further 25 per cent supporting improving service delivery but not undertaken other initiatives (such as education).
Advantages and Disadvantages
36. This option seeks the community’s views on the proposed bylaw.
37. The Solid Waste Bylaw is not due for review under the LGA until 2023. This option brings the work forward into 2019. However, section 56(2) of the Waste Minimisation Act 2008 states that a territorial authority must not have a bylaw inconsistent with its WMMP. This option ensures that Council will not be in breach of the Waste Minimisation Act 2008.
38. Implementing changes for regional consistency, especially relating to licencing, will involve time and effort for Council, community and industry.
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Option 2 Adopt an amended Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw
Financial and Resourcing Implications 6
39. The costs of any amendments can be met within existing budgets for consultation. However, any significant changes to the proposed bylaw could result in significant costs compared to those included in budgets in the Long- Term Plan 2018-28 and Annual Plan 2019/20.
Risk Analysis
40. The proposed bylaw has been designed to meet legal obligations to have a bylaw consistent with the Waste Management and Minimisation Plan 2017. Any amendments would need to retain that consistency.
Promotion or Achievement of Community Outcomes
41. Whether amendments promote community outcomes depend on the nature of those amendments.
Statutory Responsibilities
42. As with option 1. Further, section 56(2) of the Waste Minimisation Act 2008 provides that a bylaw must not be inconsistent with the adopted waste management and minimisation plan.
Consistency with Policies and Plans
43. Any amendment must be consistent with the Waste Management and Minimisation Plan 2017 and the Long-Term Plan 2018-28.
44. Nga Kaitiaki were informed of the Solid Waste Bylaw review at its18 December 2018 meeting. No other specific participation has occurred to date in relation to the proposed bylaw. Iwi, hapū and other Māori groups will be able to participate in the consultation process if they wish.
Community Views and Preferences
45. This issue has been consulted on a number of times in recent years:
The Waste Management and Minimisation Plan 2017 was subject to the special consultative procedure, receiving 1,106 submissions. Overall 84 per cent of submissions supported a Zero Waste vision.
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The Long-Term Plan 2018-28 Consultation Document included a key question around achieving this Zero Waste vision. There were 3,697 submissions on that question, with nearly 50 per cent supporting the option to improve service delivery, and a further 25 per cent supporting 6 improving service delivery but not undertaken other initiatives (such as education).
Advantages and Disadvantages
46. The advantage of this option is that any change Councillors wish to see can be consulted on with the community, rather than waiting until after consultation has occurred. A disadvantage to this option is that subject matter experts involved in drafting this bylaw will not have the opportunity to advise Councillors on all the potential consequences of any amendments, especially if they are substantial.
Option 3 Do not adopt a Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw
Financial and Resourcing Implications
47. No immediate implications, however there may be significantly increased resources required to deal with the implications of a bylaw inconsistent with service delivery. This could include higher costs in operating the kerbside service (such as sorting out contaminated materials) or legal costs.
Risk Analysis
48. This would lead to considerable risk. The Solid Waste Bylaw would be inconsistent with service provision and the Waste Management and Minimisation Plan 2017. This would result in significant operational issues, particularly in enforcing recycling contamination breaches.
Promotion or Achievement of Community Outcomes
49. This option does not promote any community outcomes.
Statutory Responsibilities
50. The Waste Minimisation Act 2008 provides that the bylaw must not be inconsistent with the Waste Management and Minimisation Plan. This would not be met under this option. Consistency with Policies and Plans
51. This option would not be consistent with the Waste Management and Minimisation Plan 2017 or the Long-Term Plan 2018-28.
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Participation by Māori
52. Nga Kaitiaki were informed of the Solid Waste Bylaw review at its18 December 2018 meeting. No participation with Māori has occurred to date. This option 6 would not enable Māori to participate further.
Community Views and Preferences
53. This issue has been consulted on a number of times in recent years:
The Waste Management and Minimisation Plan 2017 was subject to the special consultative procedure, receiving 1,106 submissions. Overall 84 per cent of submissions supported a Zero Waste vision.
The Long-Term Plan 2018-28 Consultation Document included a key question around achieving this Zero Waste vision. There were 3,697 submissions on that question, with nearly 50 per cent supporting the option to improve service delivery, and a further 25 per cent supporting improving service delivery but not undertaken other initiatives (such as education).
Advantages and Disadvantages
54. This option hinders Council’s ability to give effect to decisions made in the review of the WMMP and LTP and would place the Council at considerable risk in rolling out its new kerbside collection service.
55. The bylaw will be inconsistent with the WMMP and will contravene section 56(2) of the Waste Minimisation Act 2008, and does not align with best practice, Council’s previous decisions, national strategies and guidance, or the regional approach to solid waste management.
Recommended Option This report recommends option 1 – Adopt the Statement of Proposal and draft Solid Waste Management and Minimisation Bylaw for addressing the matter.
APPENDICES Appendix 1 - Draft Bylaw (ECM 8014770) Appendix 2 – Draft Statement of Proposal (ECM 8014779)
Report Details Prepared By: Greg Stephens (Senior Policy Adviser), Mitchell Dyer (Policy Development Lead) Team: Policy Development Team Approved By: Liam Hodgetts (Group Manager Strategy) Ward/Community: District-wide Date: 6 May 2019 File Reference: ECM 8000910
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New Plymouth District Council
Solid Waste Management 6.1 and Minimisation Bylaw 2019
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6.1
DOCUMENT HISTORY
Meeting Date Decision Next Review Five years from adoption.
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Solid Waste Management and Minimisation Bylaw 2019 New Plymouth District Council
The purpose of this bylaw is to promote effective and efficient waste management and minimisation 6.1 in the New Plymouth District and ensure that waste collection and disposal does not have significant environmental or health impacts, by regulating recycling, ownership of the waste stream, waste storage, waste management and waste collection.
Title and Commencement
1.1 This bylaw is the New Plymouth District Council Solid Waste Management and Minimisation Bylaw 2019.
1.2 This bylaw comes into force on 30 September 2019.
Authority
2.1 This bylaw is made under: a) Sections 145 and 146 of the Local Government Act 2002; b) Section 56 of the Waste Minimisation Act 2008;
c) Section 64 of the Health Act 1956; and d) Section 12 of the Litter Act 1979.
2.2 All bylaws previously made by the Council relating to solid waste, or any matter dealt with in this bylaw or inconsistent with this bylaw are hereby revoked.
2.3 A reference to a repealed enactment, standard or document is a reference to an enactment, standard or document that, with or without modification, replaces, or that corresponds to, the enactment, standard or document repealed.
Purpose
3.1 The purpose of this bylaw is to contribute to the: a) Promotion of effective and efficient waste management and minimisation in the New Plymouth District;
b) Implementation of the Council’s Waste Management and Minimisation Plan; c) Purpose of the Act, being to encourage waste minimisation and a decrease in waste disposal in order to protect the environment from harm; and provide environmental, social, economic, and cultural benefits.
d) Regulation of waste collection and disposal, including recycling, ownership of the waste stream, waste storage and management;
e) Rules or controls regarding the responsibilities of customers who use the Council’s solid waste services and the licensing of waste collection contractors;
f) Protection of the health and safety of waste collectors, waste operators and the public; and
g) Management of litter and nuisance in public places.
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Interpretation
Definitions 4.1 In this bylaw unless the context otherwise requires: 6.1
Act means the Waste Minimisation Act 2008.
Approval or Approved means a written approval from the Council.
Approved container means any container approved by the Council for the collection, transportation or disposal for a category of waste and collected by or on behalf of the Council.
Authorised Officer means an officer or other person appointed by the Council to perform duties required under this bylaw, irrespective of the designation given to that officer or person.
Building work has the same meaning as defined in the Building Act 2004.
Bylaw means the New Plymouth District Council Solid Waste Management and Minimisation Bylaw 2019.
Cleanfill material means waste that:
a) does not undergo any physical, chemical or biological transformation that, when deposited or with the effluxion of time, is likely to have adverse effects on the environment or human health; and
b) is not diverted material; and
c) includes virgin materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of:
i) combustible, putrescible, degradable or leachable components; i) hazardous waste; ii) products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices; iii) materials that may present a risk to human health or the environment; and iv) liquid waste; and
d) has less than two per cent by volume by load of tree or vegetable matter.
Cleanfill site means the land used for the disposal of clean fill material.
Commercial waste and Industrial waste means waste from industrial, commercial and institutional undertaking and includes waste generated by the carrying on of any business, factory, manufacture, process, trade, market, or other operation or undertaking such as scrap, waste material, liquid waste, floor sweepings, waste paper; flattened cartons tied in bundles and waste of a type similar to household waste but does not include trade waste.
Compostable means materials that are organic in origin and can be aerobically decayed leaving no trace in the soil within twelve months.
Construction and demolition waste means waste generated from any building construction or demolition works; and includes any concrete, plasterboard, wood, steel, brick, cardboard, metals, plastic or glass.
Council means the New Plymouth District Council.
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Deposit means to cast, place, throw or drop any waste or diverted material.
Designated waste collection area means an area within which the Council provides waste and recyclable collection services to those properties that pay a targeted waste collection rate. 6.1
Disposal or dispose has the same meaning as defined in the Act.
District means the New Plymouth District.
Diverted material has the same meaning as defined in the Act.
Donation collection point means a place where approved types of waste may be deposited for the purposes of raising funds from the waste items.
Estimated value has the same meaning as defined in the Building Act 2004.
Event means any organised temporary activity of significant scale that is likely to create litter including an organised gathering, open-air market, parade, protest, festival, film shoot, concert or celebration. This does not include regularly occurring recreational activities such as weekly sports events.
Food waste means waste that is derived from any item of food and is organic in origin and includes fruit and vegetable scraps, meat, fish and bone discards, and any other similar food waste.
Green waste means lawn clippings, weeds, plants, other soft vegetable matter or other organic waste, which by nature or condition and being free of any contaminants will degenerate into compost. This does not include cooked food, timber, ponga trees, agapanthus, flax, bamboo, ginger plant, gorse cuttings, cabbage tree, Norfolk pine, tree stumps or branches greater than 100mm in diameter, or species of plant defined as a plant pest under the Taranaki Regional Council’s Regional Pest Management Plan or the National Pest Plant Accord.
Hazardous waste means waste that:
a) Contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organism Act 1996; or
b) Meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 – Transport of Dangerous Goods on Land; or
c) Meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982.
It does not include household waste, commercial waste, industrial waste, inorganic material, or construction and demolition waste.
Home composting means the activity of aerobically decaying organic matter from domestic green waste and/or food waste and other compostable items originating from that property to create compost.
Household waste means waste consisting of recyclable material, food waste or residual waste originating from any household but does not include, green waste, industrial waste, commercial waste, prohibited waste, hazardous waste, trade waste or liquid waste or construction, demolition or renovation wastes.
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Landfill has the same meaning as defined in the “Technical Guidelines for Disposal to Land” (updated August 2018) being a waste disposal facility used for the controlled deposit of solid wastes onto or into land.
Licence means a licence, consent, permit or approval to do something under this bylaw and 6.1 includes any conditions to which the licence is subject.
Liquid waste means any waste with a solid content of less than 20 per cent per volume and waste which liberates free liquids when transported.
Litter means any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth or waste matter or any other thing of a like nature.
Litter receptacle means a receptacle provided for the collection of litter.
Managed fill site means a landfill that accepts inert material such as selected inert construction or demolition material, or soils with specified maximum contaminant concentrations greater than applicable local background concentrations.
Multi-unit development means a multiple tenancy property comprising of four or more separately occupied residential or business units, whether in the same building or in separate buildings, and held either in common ownership or in separate ownership. This includes a unit title development and any development with controlled or restricted access, such as a gated community or a shared right of way.
Nuisance has the meaning of any unreasonable interference with the peace, comfort or convenience of another person and includes a statutory nuisance as defined in Section 29 of the Health Act 1956 or any statutory enactment.
Occupier means the inhabitant of any property or premises, and in any case where any property or premises are unoccupied includes the owner of that property or premises.
Owner (of any property or premises) means any person who would be entitled to receive the rack rent of the property or premises, if the property or premises was let to a tenant at a rack rent, and where any person is absent from New Zealand, includes that person’s attorney or agent, or any other person acting on their behalf.
Person means an individual, a corporation sole, a body corporate, and an unincorporated body.
Premises means any separately occupied land, building or part of the same.
Prohibited waste means waste containing any:
a) Material capable of causing injury to any person or animal unless the material is sufficiently contained to prevent injury.
b) Material capable of causing damage to the approved container or likely to shatter in the course of collection unless the material is sufficiently contained to prevent damage to the approved container or to prevent injury.
c) Material that may endanger any person, animal or vehicle which may come in to contact with it prior to, during or following collection, transportation or disposal.
d) Liquid or any viscous fluid.
e) Radioactive wastes; but excluding domestic smoke detectors. f) Used oil and lead-acid batteries.
g) Hazardous waste.
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h) Medical waste. i) Material prohibited by the Council under this bylaw.
Proprietary bin means a commercially provided mobile waste bin, drum, bag, or similar container under contract to a licensed waste operator, which is emptied on a regular basis. 6.1
Public place:
a) Means a place that is i) under the control of the Council and/or
ii) open to or being used by the public, whether admission is free or on payment of a charge; and
b) Includes:
i) A road, whether or not the road is under the control of the Council and including the berm and footpath; and
ii) Any part of the public place.
Recovery has the same meaning as defined in the Act.
Recyclable material means any waste that is potentially recyclable such as, aluminium cans, steel cans, plastic containers, glass, paper, cardboard and other such items as may be publicly notified by the Council as recyclable material from time to time. It does not include diverted material, such as rags and textiles but it includes any component or element of diverted material, if the component or element is disposed of or discarded.
Recycling has the same meaning as defined in the Act.
Rejected waste sticker means an official sticker to explain why the waste collection contractor has elected not to remove or empty any approved container placed out for waste, recyclable material or food collection.
Residual waste means waste which is not organic matter, recyclable material, prohibited waste, inorganic material, or construction and demolition waste and is disposed of to landfill.
Resource recovery facility means any facility that receives, collects, sorts, stores or processes waste to ensure waste minimisation and may include a commercial composting operation, a recovery operation, a materials recovery facility, a transfer station and a recycling depot. It excludes any facility that receives, collects, sorts, stores or processes diverted material unless a significant component or element of the diverted material is disposed of or discarded.
Rural area means that area of the district that is predominantly rural in character including (without limitation) the following characteristics -
a) Spacious areas of pasture.
b) Low density and widely spaced built form. c) Infrequent intensively developed industrial sites.
d) Areas of vegetation or rural noise and smell.
Special waste means any waste as defined in the Centre for Advanced Engineering document, “Landfill Guidelines” dated April 2000, Section 4 Waste Classification for Landfill Disposal (Section B) Wastes possibly suitable for municipal landfill disposal subject to specific conditions of preparation, notification, placement, covering and record keeping.
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TCLP test means a ‘Toxicity Characteristic Leaching Procedure’ test that estimates the potential for both organic and inorganic constituents to leach from a non-liquid waste. The test results indicate the environmental acceptability of disposing the non-liquid to landfill. 6.1 Trade waste means any liquid, with or without matter in suspension or solution that is or may be discharged from a trade premises in the course of any trade or industrial process or operation, or in the course of any activity or operation of a like nature, but does not include condensing or cooling water, stormwater, or domestic sewage. Condensing or cooling waters and stormwater which cannot practically be separated from wastewater may be included subject to specific approval.
Transfer station contractor means any person or company contracted to the Council to operate, control or manage or assist in the control or management of a Council owned or operated transfer station.
Transfer station means any land or other place for the receiving, containment or transfer of waste.
Treatment has the same meaning as defined in the Act.
Waste has the same meaning as defined in the Act.
Waste collection contractor means any person or company contracted by the Council for the purpose of the collection of waste.
Waste collector means any person who collects or transports waste and includes commercial and non-commercial collectors and transporters of waste (for example, community groups and not-for-profit organisations); but does not include individuals who collect and transport waste for personal reasons (for example, a person taking household garden waste to a landfill).
Waste disposal facility has the same meaning as defined in part 1 in section 7 of the Act and includes disposal facilities, resource recovery facilities, composting facilities, transfer stations, hazardous waste facilities, landfill sites, cleanfill sites and managed fill sites.
Waste management and minimisation plan has the same meaning as defined in the Act.
Waste operator (or operator) means a person who owns or manages a waste disposal facility.
Controls/rules
Council may make controls or rules
5.1 The Council may make, amend or revoke controls or rules to support the implementation of this bylaw. The controls or rules may relate to the following non-exhaustive list of matters -
a) the weights, numbers, types and contents of approved containers for disposal of waste, recyclable material or food;
b) recycling, including procedures for disposal of newspapers and flattened cardboard; c) the separation of recyclable material, food waste and residual waste;
d) commercial waste collection on either an ad hoc or ongoing basis; e) the days and hours that a Council operated transfer station or landfill will be available for solid waste disposal and management;
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f) the types of waste Council operated landfills may accept, including whether they will accept special waste or hazardous waste;
g) the ability for Council to require a fee for receiving a service under this bylaw; h) the ability for Council to allow for the rebate of a fee; 6.1 i) the ability for Council to remit a rate, in accordance with a rates remission policy adopted in accordance with the Local Government Act 2002, for receiving part of a service or not receiving a service under this bylaw; or
j) the size, location, quantity and general management of propriety bins allowed in public places.
5.2 The Council must, before making, amending or revoking controls or rules in clause 5.1 - a) comply with the requirements under Subpart 1 of Part 6 of the Local Government Act 2002;
b) be satisfied that the controls or rules ensure that the purpose of the bylaw will be met; c) have regard to:
i) the feasibility and practicality of effecting a transition from current practices to new practices and any adverse effects that may result from such a transition; and
ii) any other matters considered relevant by the Council.
5.3 Any control or rule made, amended or revoked under clause 5.1 must be made publicly available and shall be enforceable under this bylaw.
5.4 To avoid doubt, compliance with the bylaw does not remove the need to comply with all other applicable Acts, regulations, bylaws and rules of law.
Household waste and recyclables collection
Responsibilities of the occupier of residential premises
6.1 The occupier and the manager of a premises must: a) ensure that all waste is in an approved container or proprietary bin; b) ensure that the contents of any approved container or proprietary bin do not soak or escape so as to be injurious or dangerous to health, cause an offensive smell or be a source of litter;
c) protect contents of the approved container or proprietary bin from the rain, dispersal by wind or ingress of flies and vermin;
d) take reasonable steps to prevent the approved container or proprietary bin disrupting or obstructing pedestrian and vehicular traffic and to preserve access to the premises;
e) ensure that the approved container or proprietary bin is kept in a safe location, hygienic, in good repair, and without any modifications or alterations to its appearance other than an indication of the address of the premise; and
f) ensure that the approved container or proprietary bin is placed for collection in an upright position off the carriageway, in front of the premises from which the waste originated and as close to the kerbside as possible.
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6.2 Where the Council makes provision for a waste collection service, users of that service must: a) place approved waste containers out after 5pm the night before the collection day, or by 7am on the day of the collection. Neither the Council nor any refuse waste collection contractor or agent employed by the Council will accept responsibility for the non- collection of waste if it is not put out for collection by 7am on the day appointed for 6.1 collection in the area concerned, or in the case of special circumstances, the time specified on the notification; and
b) place all recyclable material, food waste and residual waste into the appropriate approved containers.
6.3 The occupier and the manager of any premises is responsible for any waste generated on the premises until it has been collected.
Types of waste
6.4 Users of Council’s waste collection service must ensure that the household waste from the premises is separated into waste types as determined by the Council and deposited for collection in the correct approved container.
6.5 No person may deposit in a container material that is not approved for that type of container.
6.6 For the avoidance of doubt: a) Household waste containers must not contain green waste; but can contain those organic materials excluded from the definition of green waste.
b) Recycling containers must only contain the items listed in appendix 1, clause 4.1 of this bylaw.
c) Food waste containers must only contain the items listed in appendix 1, clause 4.3 of this bylaw.
Refusal to collect
6.7 No person shall deposit waste in a manner where - a) the container is damaged or otherwise likely to cause injury to the collector; b) in the opinion of the Council or waste collection contractor, the waste is in an unsanitary or in an offensive condition;
c) the waste includes waste prohibited under this bylaw; d) the container is not an approved container;
e) the container is in a condition that allows spillage of waste;
f) the container or the waste does not comply with the rules under this bylaw in terms of type, volume, weight, numbers, placement or any other detail;
g) the number of approved containers placed out for collection is greater than the waste units rated on the household rate account unless approved by an authorised officer; or
h) any other reason which the waste collection contractor deems would cause a health and safety concern to the waste collection operation.
6.8 No person shall: a) put waste into an approved container provided to any other person, without that other person’s consent;
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b) remove waste from, or interfere with any waste deposited in, an approved container, except the Council, a licensed waste collector or the person who deposited the waste;
c) remove a container provided by the Council from the premises to which it has been allocated, except with the prior written approval of the Council; or 6.1 d) put their approved container outside another person’s property without the prior approval of an authorised officer or that other person’s consent.
6.9 To enable the occupier or manager of a premises to be able to comply with clause 6.1, an authorised officer may approve placement of approved bins in a location other than directly outside the property of the premises.
6.10 Where any breaches of the conditions in clauses 6.1 - 6.9 occur the waste collection contractor shall not be obligated to collect the waste.
Labelling of uncollected waste
6.11 When the waste collection contractor does not remove any container of waste or recyclables because of non-compliance with this bylaw they are required to place a “Rejected Waste Sticker” on the container to inform the occupier why the waste has been rejected.
Removal of uncollected waste
6.12 The occupier is responsible for any waste not collected because of non-compliance with this bylaw. Any waste or recyclables shall be returned to the occupier’s premises by noon on the day following collection day and alternative arrangements for disposal shall be made by the occupier as soon as practicable.
Collection of commercial waste
6.13 Unless by written approval of an authorised officer no industrial waste or commercial waste will be removed or disposed of as part of the household waste collection.
Ownership of the waste stream
6.14 No person, other than the occupier of the property from which the waste has come, shall on any public place interfere with or remove any waste which is awaiting collection.
Waste to be covered during transportation
6.15 No waste shall be transported by vehicle through, over or upon any road or public place unless such waste is sufficiently and adequately covered to prevent the waste from falling or otherwise escaping on to any road or other public place.
Proprietary bin
6.16 Any occupier of a dwelling or any portion thereof separately occupied may lease a proprietary bin for the depositing of household waste.
6.17 Users of a proprietary bin must comply with the responsibilities of owners and managers of premises in clause 6.1 of this bylaw.
Multi-unit development
6.18 Every owner or owners of a multi-unit property may, instead of providing individual approved containers for each apartment or unit, provide, maintain and keep clean proprietary bins for depositing household waste and have arrangements for the regular emptying of the waste
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subject to the satisfaction of the Council and compliance with clauses 6.19 and 6.20 of this bylaw.
6.19 The Council may require the owner or owners of a multi-unit property to complete a waste management and minimisation plan to set out - 6.1 a) an estimate of the types and amounts of waste to be generated on a monthly basis; b) how waste generated is to be minimised;
c) the steps to maximise the collection and use of recyclables and reusable material; d) an explanation of the bin storage location and collection point, and description of the management of any health and safety matters;
e) the person or persons responsible for the management, collection and disposal of waste and the methods to be used; and
f) any other matters relating to waste management and minimisation that may be specified by the Council.
6.20 The owner or owners of the multi-unit property must comply with any Council approved waste management and minimisation plan and with this bylaw.
6.21 The Council may grant remission of the relevant rate for solid waste kerbside collection to those properties within a multi-use development which comply with clauses 6.18, 6.19 and 6.20, and subject to the requirements in Council’s Rate Remission Policy.
Industrial and Commercial waste
Accumulation and storage of industrial and commercial waste
7.1 Every owner or occupier of any premises shall ensure that in the opinion of an authorised officer no undue accumulation of industrial or commercial waste or salvaged material is permitted or suffered to remain or be in, on, or about such premises or any portion thereof.
Removal of perishable and putrid waste
7.2 Any perishable or putrid industrial or commercial waste shall be removed by the occupier or owner of a premise on a daily basis, at the cost of the owner or occupier, except where stored in an approved manner that does not cause a nuisance of any kind.
Collection of industrial or commercial waste
7.3 The Council will not remove industrial or commercial waste from any non-residential premises except under clause 6.12 of this bylaw.
Note: For rules on the disposal of Trade Waste (liquid waste) refer to New Plymouth District Council Bylaw 2008 Part 11 Trade Waste.
Waste disposal facilities
Responsibilities of users
8.1 All persons entering any waste disposal facility shall observe and comply with all erected signs, or any instructions given by an authorised officer with regard to operational and safety matters relating to the site or the deposition of waste material therein.
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8.2 No person shall take any animal on to any waste disposal facility or allow any stock to wander or graze thereon without the prior consent of an authorised officer.
Note: For further rules on animals in public places see New Plymouth District Council Bylaw 2008 Part 5 Public Places and Part 2 Dogs. 6.1
Disposal of waste
8.3 No person shall at any waste disposal facility - a) Enter other than for the purposes of depositing waste, or recyclable material and only during such hours as the site is open, except with the prior approval of an authorised officer;
b) Dispose any special waste without the approval of an authorised officer and in accordance with whatever conditions may be imposed in relation to the nature of the disposal required, or any charges that may be imposed; or
c) Tip, throw, or deposit any waste in any manner at any place on any waste disposal facility which is not intended for that purpose.
Refusal of waste
8.4 An authorised officer may refuse to accept at any Council waste disposal facility any waste which, in his or her opinion:
a) May cause undue hazard to the health and safety of the public or to any operator of the site,
b) May damage the environment; or
c) Cannot be adequately treated or handled by the normal methods used on that site.
8.5 An authorised officer may refuse to accept at any Council waste disposal facility any waste for which fees or charges have not been paid.
Scavenging
8.6 No person shall remove any deposited waste, article or materials from any waste disposal facility without the approval of an authorised officer, provided that this shall not apply to any person authorised by the Council to remove articles or materials for recycling or reuse.
Ownership of waste
8.7 All waste, garden waste, recyclable material, unwanted articles or other things deposited and left at any Council waste disposal facility shall be deemed to be the property of the Council which may dispose of such materials by recycling or in such other manner as it sees fit. The person so depositing and leaving such waste shall be deemed to have abandoned all claims to ownership thereof but shall not be relieved of any liability for damage flowing in any way from such action nor from the penalties provided for offences against this bylaw.
Unlawful entry on or interference with operations
8.8 An authorised officer may require any person to leave any waste disposal facility, with or without any waste brought by that person for disposal, who is on the site contravening the provisions of this bylaw.
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Council transfer stations
Responsibilities of users
9.1 All persons using the facilities of a transfer station shall ensure that - 6.1 a) All waste is separated into compostable waste, recyclable material and residual waste categories;
b) All waste is off-loaded at the place and in the manner directed by the site operator;
c) All reasonable steps are taken to assist in the minimisation of waste; d) All reasonable steps are taken to protect and promote the health and safety of all of those persons on site including site staff; and
e) No prohibited waste is off-loaded.
Hazardous waste
9.2 No person shall deposit any hazardous waste in any place except at those premises licenced for the waste disposal of hazardous waste.
9.3 Persons using any hazardous waste facility must before using the facility:
a) Complete all health and safety documentation; and b) Pay any applicable fee.
Recyclable waste
9.4 No person shall: a) Deposit any general waste in any place, facility or container designated for the deposition of recyclables;
b) Disregard any reasonable instruction of an authorised officer to separate recyclables from residual waste and to deposit them as directed; or
c) Wrongly or unlawfully dispose of non-recyclable material or hazardous waste through the recycling system.
Green waste
9.5 Any person disposing green waste must ensure that:
a) It is free of contaminants; and b) It is sorted into firewood, shredable material and fine material.
Council landfills
Landfills controls or rules
10.1 The Council will make controls or rules applicable to the operation and management of Council landfills under clause 5.1 of this bylaw.
Prohibited wastes
10.2 Prohibited waste shall not be accepted at any landfill.
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Special wastes
10.3 No person shall deposit any special waste at any Council landfill , unless it complies with the landfill waste acceptance criteria in Appendix 1 (see clause 9.1) of this bylaw. 6.1 10.4 No person shall access the landfill to dispose of special wastes unless all relevant documentation has been completed and cited by the landfill operator.
Nuisance and Litter
11.1 No person may: a) allow any accumulation of waste or diverted material on any premises they own, occupy or manage to become offensive, a nuisance or likely to be injurious to health; or
b) use an approved container in a manner that creates a nuisance, is offensive or is likely to be injurious to health.
11.2 Except as provided for under this bylaw, no person may: a) burn or allow to be burnt on any property they own, occupy or manage any waste except organic matter in rural areas;
b) bury or allow to be buried on any property they own, occupy or manage any waste except:
i) organic waste, including dead farm animals in rural areas;
ii) dead companion animals and nuisance pests; or iii) for the purposes of home composting.
c) dispose of any waste on any premises except at: i) a landfill, or
ii) any premises they own, occupy or manage, for the purposes of home composting.
11.3 No person may: a) deposit any waste arising from that person’s household or that person’s business activities in any litter receptacle provided by the Council in any public place;
b) remove any waste from any litter receptacle provided by the Council in any public place, where this results in any waste being deposited outside the receptacle, unless authorised by the Council to do so;
c) deposit or attempt to deposit any litter in any receptacle provided by the Council in any public place if:
i) the receptacle is full; or ii) the litter is likely to escape.
d) fix or attach any flag, banner, bunting, balloon, sign, poster, leaflet or similar thing to any litter receptacle provided by the Council in any public place; or
e) damage any litter receptacle provided by the Council in any public place.
11.4 The owner, occupier or manager of any premises on which any flag, banner, bunting, balloon, sign, poster, leaflet or similar device is displayed that is likely to become litter, must take all
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steps to the satisfaction of the Council to prevent it becoming litter and to clean it up in the event that it does become litter.
Donation Collection Points 6.1 12.1 Anyone intending to establish a donation collection point must notify the Council in advance and must operate the donation collection point in compliance with any requirements the Council specifies including but not limited to -
a) Location;
b) Vehicle access; c) Type of waste which may be deposited;
d) Use of approved containers.
12.2 All donation collection points must: a) Remove deposited waste from the collection point;
b) Clean up any litter or illegal dumping; and c) Clean up or remove any graffiti.
Events
13.1 Any organiser of an event is responsible for the waste created by the event and must have an event waste management and minimisation plan.
13.2 Any organiser of an event must obtain approval from the Council of their event waste management and minimisation plan prior to the event.
13.3 The Council may require an event waste management and minimisation plan to set out - a) an estimate of the types and amounts of waste to be generated by the Event;
b) how waste generated by the event is to be minimised; c) the steps to maximise the reduction of waste and/or collection and use of recyclable, compostable and reusable material;
d) the equipment to be provided for the storage, collection and transportation of waste and diverted material;
e) the person responsible for the collection and disposal of waste and the methods to be used;
f) any support that Council may provide in relation to the event waste management and minimisation;
g) the requirement to provide a waste analysis following the conclusion of the event; and h) any other matters relating to event waste management and minimisation that may be specified by the Council.
13.4 The organiser of an event must comply with the approved event waste management and minimisation plan.
13.5 On completion of the event, the organiser must provide the Council with a report on the implementation of the event waste management and minimisation plan, including a waste
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analysis which sets out the predicted and actual types and amounts of waste generated by the event, and which waste management facility was used to recover, recycle, treat or dispose of this waste.
Construction Site Waste Management and Minimisation Plans 6.1
14.1 Any person applying for a building consent for non-residential building work with an estimated value of $500,000 or higher must also submit a site waste management and minimisation plan to the Council for approval.
14.2 A site waste management and minimisation plan must set out: a) The name of the client, principal contractor, and person who prepared the site waste management and minimisation plan;
b) The location of the site;
c) The estimated total cost of the building work; d) A description of each type of waste expected to be produced;
e) An estimate of the quantity of each type of waste; and f) The proposed method of waste management for each type of waste (e.g. reuse, recycling, recovery, disposal).
14.3 While the building work is being carried out, the principal contractor will: a) Review the plan as necessary;
b) Record quantities and types of waste produced; and c) Record the types and quantities of waste that have been:
i) Reused (on or off site); ii) Recycled (on or off site);
iii) Composted (on or off site); iv) Sent to other forms of recovery (on or off site);
v) Sent to landfill; vi) Sent to cleanfill; or
vii) Otherwise disposed of.
14.4 Within three months of completion of the building work the principal contractor must update the plan to add:
a) Confirmation that the plan has been monitored and updated;
b) A comparison of estimated quantities of each type of waste generated against the actual quantities of each waste type;
c) An explanation of any deviation from the plan; and d) An estimate of any cost savings that have been achieved by completing and implementing the plan.
14.5 The updated plan reflecting the requirements in clause 14.4 must be submitted to Council within three months of completion of the building work.
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14.6 The principal contractor must ensure that a copy of the plan is kept on site, and that every contractor knows where it can be found, and that the plan is complied with. It must be available to any contractor carrying out any work described in the plan.
Licensing of Commercial Waste Collectors and Waste Disposal Operators 6.1
General requirement for licence
15.1 No person shall, unless licensed by Council to do so, engage in the collection, transportation or disposal of:
a) Waste (excluding hazardous waste) in excess of 10 tonnes in any one twelve-month period;
b) Any hazardous waste, or
c) Diverted materials in excess of 10 tonnes in any one twelve-month period.
Application for licence
15.2 An application for a licence must be made on the application form which is available from the Council and must be accompanied by any application fee and the information required by the Council to process the application.
15.3 The holder of an existing licence may apply to the Council for a renewal of that licence.
15.4 A licence may be granted or refused at the discretion of the Council, and if granted may be on such terms and conditions as the Council thinks fit.
15.5 A licence is personal to the holder and is not transferable.
Consideration of application for licence
15.6 When considering an application for a licence and the conditions to be imposed under it, the Council may take into account matters relating to the suitability of the applicant to hold a licence including but not limited to the following:
a) The extent to which the licensed activities will promote public health and safety and achievement of the Council’s waste management and minimisation plan and waste reduction initiatives;
b) The applicant’s experience, reputation and track record in the waste and diverted material industry, including any known past operational issues which may affect, or may in the future affect, the applicant’s performance, and any breaches of previous licence conditions;
c) The quantity and type of waste to be collected or transported;
d) The manner of treatment (if any) and disposal of the waste type, and the identity of the waste disposal facility at which it is proposed that recycling, recovery, treatment or disposal will occur;
e) The terms and conditions under which such disposal of waste is permitted and the existence of or need for any statutory approvals, authorisations or consents required to be held or complied with in respect of such disposal;
f) The frequency and location of the waste collection, transportation or disposal services; and
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g) The specifications of the vehicles, equipment and approved containers to be used for the collection, transportation or disposal of waste.
Conditions of licences 6.1 15.7 The Council may impose such terms and conditions on any licence as it determines, which may include without limitation:
a) Term – a licence may be granted for a term of up to five years but will be reviewed annually to ensure compliance.
b) Licence fee – the licence holder must pay an annual licence fee in an amount determined by the Council from time to time and publicly notified.
c) Bond – the Council may from time to time and on a case by case basis require a licence holder to post a bank guaranteed bond.
d) Compliance with standards – the licence holder must comply with the Council’s standards and policies for waste collection, transportation or disposal services including, in respect of collection services:
i) The collection of any litter within five metres of an approved container awaiting collection and any litter spillage from the licence holder’s vehicle during the collection, transportation or disposal process; and
ii) Provision of waste collection services within reasonable times specified by Council. e) Provision of information – the licence holder must provide waste data to the Council during the term of the licence in the form and at the times determined by the Council from time to time including the following data -
i) Waste log books for each vehicle operated in accordance with the licence recording the quantity, composition and destination of each waste type and the point in time when such data was recorded during the waste collection, transportation or disposal process;
ii) Weighbridge receipts; and
iii) Gate records of waste tonnage.
15.8 The Council will take all reasonable measures to keep commercially sensitive information confidential including by the aggregation of such information for recording purposes.
Licensing of waste disposal facilities
16.1 Any operator who operates a waste disposal facility must obtain a licence to do so from the Council.
16.2 Clause 16.1 does not apply to land used for the disposal of cleanfill material where such disposal:
a) Is of cleanfill material sourced directly from that land; or
b) Consists solely of: i) Cleanfill that is natural or uncontaminated or cover material, or both; or
ii) Not more than 30 cubic metres, or such greater amount as the Council may approve, of other cleanfilll material measured over any continuous twelve-month period.
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16.3 The Council may grant a licence in the case of a: a) Municipal Solid Waste Industrial Waste Landfill
b) Cleanfill site. 6.1 c) Controlled/Managed Fill site.
d) Construction and Demolition Industrial Waste Landfill.
16.4 The determination and issuing of the licences shall be in accordance with clauses 15.2 to 15.8.
16.5 The holder of a licence under this clause must comply with the conditions of the licence.
General Offences and Penalties
17.1 Any person commits a breach of this bylaw who fails to comply with the requirements of this bylaw and the decisions made under this bylaw and is liable to a penalty under (without limitation) the Waste Minimisation Act 2008, the Local Government Act 2002, the Health Act 1956 and/or the Litter Act 1979.
17.2 Every licence holder breaches this bylaw who fails to act in full compliance with the terms and conditions of its licence, this bylaw and the decisions made under this bylaw.
Other Enforcement Powers
18.1 Where a person does not comply with this bylaw or a decision made under it, the Council may (without limitation) undertake following actions against them:
a) Issue a non-compliant notification including a time period to rectify the issue;
b) Reject (i.e. not collect) the contents of any approved container left out by that person for collection in a public place, if the contents or placement of the container is non- compliant;
c) Remove the contents of any approved container left out for collection from a public place, where the contents or placement of the container is non-compliant, subject to payment of the costs of removal, administrative costs and any other reasonable costs incurred by the Council. If compliance is not reached within the specified time period of the notification, then Council may rectify or organise for the issue to be rectified and recover all costs from that person in doing so; and
d) Any other steps that may be taken by the Council at law.
Licensed operators
18.2 The Council may suspend, amend or revoke a licence if the licence holder fails to comply with this bylaw, any of the terms or obligations of the licence, any relevant controls made under this bylaw, or acts in a manner which the Council considers, on reasonable grounds and in light of the purpose of this bylaw, is not suitable for the holder of a licence.
18.3 Where a licence holder fails to comply with any of the terms of conditions of the licence, the Council may take one or more of the following steps -
a) Issue a written warning to the licence holder, which may be treated as evidence of a prior breach of a licence condition during any subsequent review of the licence;
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b) Review the licence, which may result in: i) amendment of the licence; or
ii) suspension of the licence; or 6.1 iii) withdrawal of the licence.
c) Have recourse to any bond where the Council has incurred any cost as a result of the breach of the licence condition, including where the Council has itself performed or arranged for the performance of any licensed activity on the default of the licence holder;
d) Review the amount and nature of the performance bond or security, which may result in:
i) an increase of the amount of the performance bond or security;
ii) a change to the nature of the security that has been provided. e) Enforce any offence that may have been committed under the Litter Act 1979; and
f) Enforce any breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.
Fees
19.1 The Council may in accordance with the provisions of section 150 of the Local Government Act 2002 set prescribed fees under this bylaw.
Transitional Provisions
20.1 The requirements under clause 13 and 14 of this bylaw to submit a waste management and minimisation plan shall come into effect on the day which is twelve months from this bylaw coming into force.
20.2 Any person required under clauses 15 and 16 of this bylaw to obtain a licence must do so within twelve months of clauses 15 and 16 coming into force.
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APPENDIX 1
This appendix is for information purposes only. It does not form part of the New Plymouth District Council Solid Waste Management and Minimisation Bylaw 2019. 6.1 In accordance with clause 5.1 of the New Plymouth District Council Solid Waste Management and Minimisation Bylaw 2019, the Council resolves the following rules in relation to solid waste collection and disposal.
Approved Residual Waste Container
1.1 A kerbside waste collection service shall be provided to all designated waste collection areas in New Plymouth District.
1.2 The approved residual waste container shall consist of either a 140L or 80L New Plymouth District Council bin.
1.3 The Council will provide each domestic premise rated for the waste collection service with one 140L container. Any person may exchange the 140L bin for the 80L bin, and vice versa, on application and payment of any applicable fee.
Approved Recycling Containers
2.1 A kerbside recycling service shall be provided to all designated waste collection areas in New Plymouth District.
2.2 The approved recycling containers shall consist of - a) A 240L or 140L mobile recycling bin for mixed recyclables; and
b) A 60L crate for glass bottles and jars.
2.3 The Council will provide each domestic premise rated for the waste collection service with one 240L mobile recycling bin for mixed recyclables, and a 60L crate for glass bottles and jars. Any person may exchange the 240L mixed recyclables bin for the 140L mixed recyclables bin, and vice versa, on application and payment of any applicable fee.
Approved Food Waste Containers
3.1 The approved food waste container shall consist of a 20L food waste container for food waste as defined in the bylaw.
Weights, types and contents of containers which will be collected
4.1 The following items can be placed in the 240L or 140L approved recycling container: a) Paper. b) Flattened cardboard.
c) Aluminium and tin cans. d) Plastics containers numbered 1 to 7 (excluding soft plastics, plastic bags, non-labelled plastics and expanded polystyrene).
All recyclable items shall be clean and free of food or liquid residue.
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4.2 The following items can only be placed in the 60L approved recycling container: a) Unbroken glass bottles and jars (all colours).
4.3 Only food waste as defined in the bylaw may be placed in the approved 20L food waste container. 6.1
4.4 No person shall deposit or cause or allow any of the following materials to be deposited in any approved container placed for collection:
a) Any hazardous, prohibited or special waste co-mingled with household waste;
b) Explosives, hot ashes, highly inflammable material or infectious material; c) Liquids, acids, printer’s ink, paint, or any other viscous fluid;
d) Any ashes, broken glass, broken crockery, china or other such sharp articles or materials unless such sharp articles or materials are wrapped so as to prevent injury to persons engaged in collection or disposal work;
e) Any matter, thing or waste of any kind whatsoever, other than household waste unless specifically allowed by a specific policy;
f) Any commercial or industrial waste except as allowed in clause 6.12 of the bylaw;
g) Any pesticides, herbicides, fungicides or other toxic compounds; h) Any effluent from chemical toilets or waste removed from any part of a drainage or sewerage system;
i) Any sharps such as medical needles, skin piercing devices; or other similar sharp objects. Broken glass from household waste may be accepted as long as it is securely wrapped in newspaper; or
j) Any other prohibited wastes.
4.5 Approved waste containers shall not exceed 35kg in weight.
4.6 Approved mixed recycling containers shall not exceed 70kg in weight.
4.7 Approved glass recycling containers shall not exceed 12kg in weight.
4.8 Approved food waste containers shall not exceed 10kg in weight.
Excess Recycling
5.1 Additional mixed or glass recycling containers can be used if these are approved containers, purchased from Council service centres.
Recycling
6.1 Recycling facilities shall be provided at all New Plymouth District Council transfer stations, with restricted processing at Tongaporutu.
6.2 Recycling services by community organisations and the private sector are encouraged.
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Waste Separation
7.1 Glass must be separated from other recyclables.
7.2 Any person disposing of waste for household collection must separate recyclable and food 6.1 waste material from other waste.
7.3 No person shall place or leave any non-recyclable materials in any recycling container or at any recycling station.
Days and hours during which a council-owned and operated transfer station will be available for solid waste disposal and management
8.1 The minimum opening hours for Council-owned and operated transfer stations are: a) Tongaporutu three hours per week. b) Waitara 16 hours per week.
c) Okato nine hours per week.
d) Inglewood 10 hours per week.
8.2 Nothing in Appendix 1, Clause 8.1 above shall refer to New Year’s Day, the day after New Year’s Day, Waitangi Day, Taranaki Anniversary Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day and Boxing Day when the transfer stations will be closed.
Council landfill waste acceptance criteria
9.1 Only the following special waste types and quantities can be deposited at a Council landfill: a) Asbestos (acceptable only if provided in accordance with the Asbestos Regulations 1998);
b) Confidential documents; c) Small quantities of solids and liquid waste suitable for co-disposal with municipal waste;
d) Hydrocarbon contaminated material; e) Non-hazardous liquid waste and waste from commercial grease interceptors which cannot be disposed of at the New Plymouth Waste water Treatment Plant;
f) Non-hazardous commercial and industrial waste; g) Screenings from approved waste water treatment plants;
h) Small quantities of waste products containing potentially hazardous materials that are not likely to have adverse effects when contained within the residential waste collection;
i) Landfill leachate; or
j) Other such waste which when tested by a TCLP test shows that the leachate concentrations will not affect the landfill’s leachate or trade waste consent conditions.
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New Plymouth District Council
Solid Waste Management 6.2 and Minimisation Bylaw 2019 Statement of Proposal JUNE 2019
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SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2019
Introduction The Council is reviewing the New Plymouth District Bylaw 2008 Part 9 Solid Waste (the Bylaw) in accordance with the Local Government Act 2002 (LGA). The Council has taken the review as an opportunity to revisit the previous approach adopted in 2008 by proposing changes to better address the perceived 6.2 problems that arise in relation to solid waste. The review also proposes a stand-alone Solid Waste Management and Minimisation Bylaw 2019 (the Draft Bylaw). The review has also allowed changes to be proposed to ensure that the Draft Bylaw is consistent with the Council’s Waste Management and Minimisation Plan 2017 (WMMP) and Long-Term Plan 2018-2028 (LTP).
Background The purpose of the Bylaw is to ensure that waste collection and disposal does not have signifi cant environmental or health impacts, by regulating recycling, ownership of the waste stream, waste storage, waste management and waste collection.
The Bylaw must be consistent with the WMMP. The WMMP was updated in 2017 and the LTP incorporated it. Public feedback was received by NPDC throughout the development of the 2017 WMMP which indicated signifi cant public support of a vision for Zero Waste, with 84 per cent of submitters supporting the vision. The Draft Bylaw is one of the tools available to NPDC to deliver on this vision.
The Draft Bylaw ensures consistency with decisions taken in adopting the LTP, and refl ects the updates to The proposed bylaw supports the NPDC’s WMMP including: key goals of the Waste Management • Adoption of a Zero Waste vision; and Minimisation Plan, which are to • The upcoming changes to levels of service such as maximise opportunities to reduce moving from bags to bins and the new food waste levels of waste sent to landfi ll, reduce service; and the harmful and costly eff ects of • The upcoming closure of Colson Road and the more waste, and improve effi ciency of recent decision for solid waste disposal outside resource use. of the district at Bonny Glen.
Determination from NPDC To begin the review and to aid NPDC in this process, a regulatory impact assessment has been undertaken for the Bylaw. The assessment sets out the authority to make a bylaw, the perceived problems or nuisance the bylaw addresses, and the options available to the Council to deal with these problems. The assessment supports the determination that a bylaw continues to be the most appropriate way of addressing the perceived problems that arise in relation to solid waste, and therefore supports the recommendation to initiate a review of the Bylaw.
In proposing this Draft Bylaw, NPDC has also considered whether there are any implications under the New Zealand Bill of Rights Act 1990. The Council is of the view that a bylaw is the most appropriate means of addressing the perceived problem and considers that the Draft Bylaw is not inconsistent with the Bill of Rights Act.
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Reasons for the proposal The problem or matter in this instance is the appropriate management of solid waste by NPDC. Reasoning for the proposal are as follows: 6.2 • Without reviewing the Part 9 Solid Waste Bylaw, this part of the Bylaw will remain inconsistent with recent NPDC decisions regarding solid waste as refl ected in the WMMP and LTP. • The Draft Bylaw ensures waste collection and disposal does not have signifi cant environmental or health impacts by regulating recycling, ownership of the waste stream, waste storage, waste management and waste collection. • This decision can impact on the present and future interests of the district and community by not having a clear framework as to the management and regulation of solid waste. • Without reviewing the Bylaw, the Council’s ability to meet the LTP levels of service changes for kerbside collection in terms of reduction of landfi ll waste generated per household may be compromised. • Not having an up to date bylaw on this matter would also be contrary to the historical Council position to have a bylaw on this matter.
Where can I get more information? For more information about this consultation and other current consultations, visit the Council’s website: www.newplymouthnz.com/ HaveYourSay or phone us on 06-759 6060. Further copies of this document are available from the Civic Centre, Liardet Street, New Plymouth or library and service centres at Bell Block, Inglewood and Waitara. For more information on Council’s residential rubbish and recycling service, head to our website: newplymouthnz.com/Rubbish 3
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The Proposed Bylaw supports NPDC’s
6.2 ZERO Waste Vision
Goals MAXIMISE OPPORTUNITIES to reduce waste to landfi lls
REDUCE the harmful and costly effects of waste
IMPROVE EFFICIENCY of resource use
Behaviour change
Collaboration and partnerships Objectives Leadership and innovation
Accessible services and facilities
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Options When determining the best approach, reviewing and amending the current bylaw was considered the most appropriate. 6.2 NPDC considered three options when determining to review this bylaw: 1. Review as per the LGA and amend the current bylaw. 2. Revoke the bylaw and rely on voluntary cooperation to ensure compliance. 3. Retain existing bylaw and delay review.
A summary of the analysis is shown below.
1 Review as per the LGA and amend the current bylaw.
Advantages Disadvantages
• Enables NPDC to take into account • LGA review timeframe is not due until regionally relevant changes to achieve 2023, and this option brings work regional consistency where possible. forward into 2019. • Can follow best practice via the Solid • Implementing changes for regional Waste Model Bylaw. consistency, especially relating to • Bylaw will align with the NPDC’s WMMP licencing, will involve time and eff ort for and ensures compliance with section NPDC, community and industry. 56(2) of the Waste Minimisation Act 2008.
2 Revoke the bylaw and rely on voluntary cooperation to ensure compliance.
Advantages Disadvantages
• Reduces NPDC’s regulatory role and • Dilutes NPDC’s ability to regulate solid enforcement burden. waste, a core function of the Council, particularly in relation to contamination of recyclables. • Public consultation still required fororr revocation. • Does not align with best practice,cecee,, thet e Council’s previous decisions, orr nnationalaatiotionionalonal strategies and guidance. • Inconsistent withh thee regregionalregionalnal approapproachapproaapappapprpproacachch to solidd wastew e management.manamamanageananageagemenement.emenent.
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3 Retain existing bylaw and delay review.
Advantages Disadvantages 6.2
• No change to current situation – no • Bylaw will be inconsistent with the new rules for the Council, community or WMMP and will contravene section 56(2) industry of the Waste Minimisation Act 2008. • NPDC resources not required for bylaw • Hinders NPDC’s ability to give eff ect review until 2023 to decisions made in the review of the WMMP and LTP. • Does not align with best practice, the Council’s previous decisions, or national strategies and guidance. • Inconsistent with the regional approach to solid waste management.
While the Bylaw is not due for a review under the LGA until 2023, Option 1 enabled the Council to: • Review and propose amending the Bylaw to be consistent with the WMMP and LTP, best practice and regional collaboration; and • Consider the separation of the Bylaw from the consolidated New Plymouth District Bylaw by creating a stand-alone Draft Bylaw.
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Key changes proposed The Bylaw has been reviewed using public and industry feedback, updated Council policy and operations, industry best practice, and with the view to create waste management and minimisation rules which align with our sub regional neighbours. As a result, there are a few new sections proposed in the Draft Bylaw. 6.2 We have also made changes which make the Draft Bylaw easier to understand and proposed incorporating clauses and defi nitions which were previously in the introduction part of the consolidated bylaw, enabling this bylaw to stand-alone.
Here’s a summary of the biggest proposed changes
Waste on construction sites At the New Plymouth Landfi ll in 2017, construction and demolition waste along with commercial and industrial waste were the highest proportions by weight, being 29 per cent and 34 per cent of the total weight respectively. The 2017 Waste Assessment refl ects that there has been little Council focus on the commercial waste sector. The Draft Bylaw provides tools for this sector to reduce the amounts of waste sent to landfi ll and to look for opportunities to reduce, reuse, and recycle their waste.
What we’re doing now What we’re proposing We don’t have any provisions We’re proposing to add a new section relating to construction specifi cally for construction waste waste which is already used by other councils in New Zealand. The in our current bylaw. new rules would mean that anyone applying for a non-residential building consent with a value over $500,000 would need to submit a site waste management and minimisation plan to Council for approval. This plan would include details about the types of waste that is expected to be produced and how that waste would be disposed of. It is proposed that this provision would come into eff ect 12 months after the bylaw is in force, allowing Council and the construction sector time to properly implement the new rules. NPDC would look to develop a template to help the construction sector make these plans.
Multi-unit development If you live on a shared driveway or a multi-unit building, rubbish collection day outside your house means a large collection of rubbish bins on the footpath, which aff ects pedestrian access and safety, and can cause litter. Because of this, people living in shared developments may wish to join forces with their neighbours and share a waste collection service to reduce the number of bins on the street. Council would like to support people to do this.
What we’re doing now What we’re proposing We have a provision to allow We are proposing a new provision allowing those who live in multi- for this in our current bylaw, unit developments to use shared proprietary bins (bins provided by but it only applied to multi- a commercial collection company, not Council), as long as the bins story developments and did are kept clean and properly maintained, and they comply with the not mention any kind of rate general responsibilities of residential rubbish collection. Council may remission. off er a rate remission for people who operate such a system with their neighbours, providing they comply with the rules in the bylaw. Council may require a multi-unit development waste management and minimisation plan as part of this remission. 7
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Event waste Every time the community comes together to celebrate or be entertained at a signifi cant event, we think that there should be facilities in place for proper disposal of waste, and where possible recyclable, compostable and reusable material is used at these events. 6.2
What we’re doing now What we’re proposing We do not currently have any A new section is proposed which requires an organiser of an event specifi c requirements placed on to submit an event waste management and mimimsation plan to organisers of events, other than Council prior to the event. This plan would outline how the event is general requirements around litter reducing, reusing or recycling their waste produced, and may also and nuisance. outline what Council can do to support the event in achieving a reduction in waste. An event is defi ned in the bylaw as a temporary, signifi cant activity that is likely to create litter, such as an open-air market, parade, or concert, but not including regularly occurring recreational activities such as weekly sports events. It is proposed that this provision would come into eff ect 12 months after the bylaw is in force, allowing Council and the events sector time to properly implement the new rules. NPDC would look to develop a template to help the events sector make these plans.
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Nuisance and litter If waste is not dealt with correctly or is stored in the incorrect way or place it can be a real problem for our district. A nuisance is defi ned in the Health Act 1956 and refers to issues such as stock piling waste, illegal dumping, burning and burying waste, and littering. We will repeal the current littering provisions in 6.2 the Public Places Bylaw.
What we’re doing now What we’re proposing There are guidelines surrounding We’re proposing to create a new, clearer section specifi cally for nuisance and litter in our current nuisance and litter that would allow us to take action on some of bylaw, but they are hidden within these issues more eff ectively than we can now. The rules are the other provisions and are diffi cult same but are presented in a more easily located and understandable to fi nd. There is also mention way. of litter and nuisance relating to waste within other Council bylaws, but there is no specifi c, comprehensive provision.
Waste donation collection points We want to encourage other forms of waste minimisation in our district, and private eff orts to collect waste is one way this can be achieved.
What we’re doing now What we’re proposing We do not currently have any We’re proposing to include some guidelines around the management specifi c requirements for waste of these types of services. These guidelines would allow us to donation collection points, other manage what is collected and how, in order to ensure our streets are than general requirements around kept clean and tidy and any collections do not become a nuisance litter and nuisance. for our communities.
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Refl ecting kerbside collection service changes The proposed bylaw delivers on the adoption of Council’s 2017 Waste Management and Minimisation Plan incorporating the upcoming changes to levels of service such as moving from bags to bins and the new food waste service. 6.2
New waste collection bins Moving to a bins-only collection service in 2019 is one of the steps toward diverting the 40 per cent of recyclable and compostable material that currently goes to the landfi ll. The proposed bylaw refl ects Council’s shift from bags to bins as per the 2017 Waste Management and Minimisation Plan and the LTP. From October 2019, we’ll be rolling out bins for collecting general and food waste.
Greenwaste to landfi l Greenwaste and other compostable material causes problems in our landfi lls. We have clarifi ed the provisions relating to what goes in the general or residual waste bin and specifi cally prohibited greenwaste from going in your general waste bin
Recycling contamination When dirty or non-recyclable items are put in our dedicated recycling containers for collection, they can contaminate other recyclable material they come into contact with and forces us to put items which would have been recyclable to landfi ll. We have strengthened the existing provisions around contaminated recycling, making it easier for Council to respond to repeat off enders
Other The proposed bylaw delivers on the adoption of Council’s 2017 Waste Management and Minimisation Plan including working towards a Zero Waste vision and the upcoming closure of Colson Road and more recent decision for solid waste disposal outside of the district at Boonnny Glen.
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6.2
Have your say! The Draft Solid Waste Management and Minimisation Bylaw 2019 is now open for public consultation. This is your chance to let the Council hear your views and preferences about the proposals, so please take the time to get involved and have your say.
There are several ways you can have your say. A submission form is provided with this document or you can fi ll in your submission online.
To get your submission to us, either: Do it online: newplymouthnz.com/HaveYourSay Email it to: [email protected] Post it to: NPDC Solid Waste Submissions, Reply Paid DX, DX Box NX10026, New Plymouth 4342 Deliver it to: Civic Centre, Liardet Street, New Plymouth or to a library and service centre in Bell Block, Inglewood or Waitara
Be sure to get your submission to the Council by 5pm on Wednesday 24 July 2019
Late submissions will not be accepted
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Solid Waste Management and Minimisation Bylaw 2019
Submission Form Save time by fi lling in your submission online at newplymouthnz.com/HaveYourSay
Full Name: Help us improve how we communicate 6.2 with our community by fi lling in these Organisation: questions: (please tick)
Address: Age 15 years or under Email: 16-25 years Phone (Day): 26-35 years Speaking to your submission 36-45 years Do you want to speak to NPDC in support of your submission? 46-55 years Yes No 56-65 years If one of the boxes is not ticked, we’ll assume you don’t want to be 66 years or older heard. Gender My submission Female Male Prefer not to specify
Ethnicity New Zealand European Māori Samoan Cook Island Māori Tongan Niuean Chinese Indian Japanese Other (please state)
How did you hear about the consultation on the Draft Bylaw 2019? News story Advertisement Social media Word of mouth Other ______
Thank you for your submission! As required by legislation, your submission, including your personal information, will be available to the public and media as part of NPDC’s decision-making process
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