SEPTEMBER, OCTOBER AND NOVEMBER 2013 In the past 3 months the consents team have been processing a number of large applications while it has been business as usual for the smaller scale applications. It has also been a busy time as development of the Nutrient Management consent process continues. CONSENTS Log Jam of large applications The team is juggling three of its largest applications at present. The review of the Palmerston North City Council (PNCC) wastewater discharge consent for Palmerston North has been notified. At the same time the Shannon Waste Water Treatment Plant (WWTP) applications have been made which have also been notified, and which will likely be referred directly to the Environment Court, and the Feilding WWTP applications are almost complete and will be lodged before Christmas. We are very pleased that these three important projects are progressing. However it does create a logistical challenge to hear them all in a reasonable time period. At this stage there is a real chance that hearings could be required at about the same time which makes finding commissioners, evidence exchanges and internal staffing challenging Furthermore, these projects involve many of the same expert witness and processing these at the same time will no doubt be a burden on these people. The Shannon proposal will be progressed within statutory timeframes. The court has been critical of the protracted history of these applications and is keen to progress the matter. Ultimately the responsibility of processing the applications will be passed onto the court early next year. The PNCC WWTP review has been notified and a hearing is likely be scheduled in April/May at the earliest. We propose to progress the consent review process as quickly as possible given the high public interest in the performance of the WWTP and impending consent review. However if the court was to set down the hearing for Shannon at the same time, we would look to delay the review hearing by 2-4 weeks to ensure that witnesses had sufficient time to prepare evidence for both cases. This leaves the Feilding applications. These have been around since 2009 and this will be the 5th iteration of the application. Hence there is a real eagerness to push on by all parties. Given the applications will be lodged a month after Shannon, we do not expect that the hearing dates will overlap with that one or with the PNCC review. However In the event that there is a bottle neck of evidence exchange and hearing dates, we would look to push the hearing for these application until later to later in the year. NZ Energy Limited One of the more pleasing matters to report is the progress on the NZ Energy Ltd applications to continue with a small hydro-electric scheme in Raetihi. These applications had been around since 2007 but had not moved very far because of disputed costs, staff changes, large information gaps and process disagreements between the applicant and Council. As a result further information was commissioned and a hearing set down in the second week of November. A total of 44 submissions were received, most of which were in opposition. The applicant is seeking to continue to take water for his scheme and to also increase the volume of water for greater generation. The allocation framework in the One Plan provides for the current abstraction but does not allow for additional water to be taken and there were also doubts from reporting officers whether the applicants’ infrastructure could handle the additional volumes and whether flooding would occur as a result. A decision is expected soon. Either way, we are pleased that some finality has happened, especially for the local community who have been waiting some time for an outcome. Happy Hogg Limited A small piggery along the Foxton-Shannon Road went to hearing at the start of October. One submitter, being an adjacent landowner, was concerned with odour. The reporting officer was seeking that consent be declined due to a chequered compliance history, the poor state of the piggery (which technical experts believed needed significant upgrades,) and the applicant’s financial struggles which would inhibit their ability to undertake the sought after upgrades. An independent commissioner determined that the piggery was in need of substantial upgrades and therefore issued a 3 year consent. If the upgrades are completed and odour management improves, the applicant would be able to apply for a longer term consent. The applicant has since appealed the decision. Mount Munroe Windfarm After a year of gathering further information, Meridian Energy has officially withdrawn its applications to construct a 20 turbine wind farm 5 km south of Eketahuna. The reasons cited were due to the current flat demand for electricity, meaning fewer new electricity generation projects will be required to be built in the short term. Vegetable wash-down water A number of vegetable wash water abstraction consents have been submitted for re-approval from the Ohakune area. Processing of these applications will involve a site visit and discussion with the Applicant about the settlement pond performance. New Consent Processes The implementation of the new vegetation clearance, land disturbance and cultivation rules is progressing well. Staff have issued 15 consents (see breakdown below). Positive feedback has been received from landowners with the process described as practical and straightforward. 4 consents for cultivation over 20 degrees; 8 consents for clearance of vegetation greater than 1 ha and older than 7 years; 2 consents for land disturbance over 2500 m2; 1 consent for land disturbance on land greater than 20 degrees; APPEALS The table below outlines the consents currently under appeal. Applicant Status The appeal was heard in the Environment Court on the 10th and 11th September. The Courts decision Fonterra Co-Operative Group Limited was issued 18th October dismissing the appeal and Pahiatua Diary Factory upholding the Council’s decision in its entirety. As a Consents 104660, 106045-106046 result Fonterra will be allowed to discharge to the Mangatainoka River during the winter months and to land during summer. Horowhenua District Council The applications under appeal (short term consents Shannon Wastewater Treatment Plant to allow for plant upgrades) will not be pursed as a Consents 105893-105894, 105891- new application for long term split discharge to land 105892 and water has been lodged. Appeal lodged with the Environment Court from Chris Teo-Sherrell, a Palmerston North resident Rangitikei District Council seeking that the application is declined. Appeal Hunterville Wastewater Treatment Plant argues that the effects of nitrogen into the Porewa Consent 105833 Stream are significant. The appeal also argues that a robust alternatives assessment was not undertaken. Mediation to occur 10th December. The applicant has appealed the decision seeking that the consents be granted for a longer term (25 Happy Hoggs Limited years) and that he not be required to do any Piggery – Foxton-Shannon Road upgrades because of the financial burden they will 105445 and 105446 impose. Alternatively he seeks a 5 year term to shutdown the piggery. Appeal lodged with the Environment Court from Ross Gillespie, a downstream landowner. Mr Gillespie has appealed all consents on the grounds that no parts of the applications are consistent with Fonterra Co-Operative Group Limited Part 2 of the RMA. The Applicant and both Pahiatua Expansion respondents (Horizons, TDC) are seeking security of Consents 106632-106637 costs from appellant prior to the court hearing as the scope of appeal was not narrowed down after the Judge requested the appellant to do so. The Judge has confirmed that costs are to be paid upfront or the appeal will be struck out. CONSENT MONITORING WHAT’S BEEN HAPPENING? A LOOK AT THE LARGER CONSENTS Territorial Authorities Wanganui District Council Wastewater Treatment Plant On Friday 30 August 2013 WDC resolved to proceed detailed design and tender documentation for the upgraded WWTP. Effectively this means that the desludging of the ponds can now commence. The programme for desludging was to be completed by Christmas and members have seen first hand the emptying of the small pond, which represents stage one of the desludging process, on their northern tour. It is anticipated that the desludging activity will have odour effects and WDC have been warning the community of this likelihood as appropriate.Horizons Regional Council (HRC) are meeting with Wanganui staff on a regular basis and will continue to have a presence on-site while the desludging occurs with a view to working with WDC to continue to meet the commitments of the Court Enforcement Order (particularly around odour management) and to address/lead a response to odour complaints should they occur. Manawatu District Council Significant upgrade work has occurred at the Feilding Wastewater Treatment Plant. Since the last agenda the upgraded aerobic pond has been commissioned which included the commissioning of new filters. Interim results indicate a significant improvement in turbidity and bacteria levels in the discharge. Upgrades to the second aerobic pond are planned to commence in December this year. As indicated above, the new application to support the upgrades will be lodged prior to Christmas. Horowhenua District Council HDC have upgraded the wetland treatment system at the Shannon WWTP. This involved changing the configuration of the wetland and putting additional wetland plants in the WWTP. The impact of this is unknown at this stage. The new applications for the new land/water discharge regime have been lodged and publically notified. In addition, the Waitarere WWTP has recently been de-sludged. HDC have also isolated and dealt with a lead in the Levin WWTP. Rangitikei District Council Hunterville and Taihape upgrades are now complete. These upgrades included the installation of a new phosphorus dosing unit and UV treatment plants.