Consents and Regulatory Committee Agenda

Consents and Regulatory Committee

Tuesday 21 July 2015 10.30am Taranaki Regional Council, Stratford

Agenda for the Consents and Regulatory Committee of the Taranaki Regional Council to be held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 21 July 2015 commencing at 10.30am.

Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M A Irving M P Joyce R F H Maxwell N W Walker

D L Lean (ex officio) D N MacLeod (ex officio)

Attending Messrs B G Chamberlain (Chief Executive) G K Bedford (Director-Environment Quality) A D McLay (Director-Resource Management) C H McLellan (Consents Manager) B E Pope (Compliance Manager) R Phipps (Science Manager) Mrs H Meintjes (Science Manager) Mrs V McKay (Science Manager) Messrs P Ledingham (Communications Officer) S Tamarapa (Iwi Communications Officer) Mrs K van Gameren (Committee Administrator)

Apologies

Notification of Late Items

Item 1 Confirmation of Minutes – 9 June 2015 Page 1

Item 2 Resource consents issued under delegated authority Page 7 and applications in progress

Item 3 Consent monitoring annual reports Page 26 Eight Separate Reports

Item 4 Incident Register – 23 May 2015 to 30 June 2015 and Page 41 Annual Summary

Item 5 Prosecution update – Fonterra Sentencing Decision Page 65

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Item 6 General Business

Item 7 Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1986, the public is excluded from the following part of the proceedings of the Consents and Regulatory Committee meeting held on Tuesday 21 July 2015 for the following reason/s:

Item 8 Confirmation of Confidential Minutes 9 June 2015

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information where such disclosure would be likely to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial.

Agenda Memorandum

Date 21 July 2015

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Confirmation of Minutes – 9 June 2015

Item: 1

Approved by: G K Bedford, Director-Environment Quality

B G Chamberlain, Chief Executive

Document: 1539542

Resolve That the Consents and Regulatory Committee of the Taranaki Regional Council: 1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 9 June 2015 at 10.30am 2. notes the recommendations therein were adopted by the Taranaki Regional Council on 30 June 2015. Matters arising Appendices Document #1520439 – Minutes Consents and Regulatory Committee Tuesday 9 June 2015

Minutes of the Consents and Regulatory Committee Meeting of the Taranaki Regional Council, held in the Taranaki Regional Council Chambers, 47 Cloten Road, Stratford, on Tuesday 9 June 2015 at 10.30 am.

Members Councillors M J Cloke (Committee Chairperson) M G Davey P D Horton M A Irving R F H Maxwell N W Walker

D L Lean (ex officio) D N MacLeod (ex officio)

Attending Messrs B G Chamberlain (Chief Executive) G K Bedford (Director-Environment Quality) M J Nield (Director-Corporate Services) C H McLellan (Consents Manager) B E Pope (Compliance Manager) R Phipps (Science Manager) Mrs V McKay (Science Manager) Mrs H Meintjes (Science Manager) Messrs P Ledingham (Communications Officer) T Davey (Digital Media Co-ordinator) S Tamarapa (Iwi Communications Officer) Mrs K van Gameren (Committee Administrator)

One Member of the media.

Apologies The apology from Councillor M P Joyce was received and sustained.

Notification of Late Items There were no late items of general business.

1. Confirmation of Minutes – 28 April 2015

Resolved

THAT the Consents and Regulatory Committee of the Taranaki Regional Council

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1. takes as read and confirms the minutes of the Consents and Regulatory Committee meeting of the Taranaki Regional Council held in the Taranaki Regional Council chambers, 47 Cloten Road, Stratford, on Tuesday 28 April 2015 at 10.30 am 2. notes that the recommendations therein were adopted by the Taranaki Regional Council 19 May 2015. Irving/Maxwell

Matters Arising

There were no matters arising.

2. Resource consents issued under delegated authority and applications in progress

2.1 The Committee considered and discussed the memorandum advising of consents granted, consents under application and of consent processing actions since the last meeting of the Committee.

Recommended

THAT the Taranaki Regional Council

1. receives the schedule of resource consents granted under delegated authority.

Cloke/Lean

3. Consent monitoring annual reports

3.1 Mrs H Meintjes, Science Manager, spoke to the memorandum outlining eight tailored compliance monitoring reports covering (variously) the monitoring periods 2009-2015, and provided an overview on environmental performance and consent compliance from each report.

3.2 The Committee noted and discussed the South Taranaki District Council Central Landfill Baseline monitoring programme report. Members raised the question as to when the South Taranaki District Council (STDC) would exercise their five consents ( for the construction and operation of the landfill). Mr G K Bedford, Director- Environment Quality, updated the Committee on the likely date of closure of the Colson Road landfill (being 2019) and the potential opening of the landfill site at Eltham. The Taranaki Regional Council consents already issued to the STDC have given a period of 15-20 years in which the consents are to be exercised by.

3.3 The Origin Kauri-E hydraulic fracturing monitoring programme report together with the other hydrocarbon well drilling, hydraulic fracturing and re-injection activity reports were discussed. The Committee were provided an explanation of how the

Consents and Regulatory Committee Meeting Tuesday 9 June 2015

Council tests ground water at the sites. The Council tests at existing bores and existing springs and then, only if appropriate, instruct the consent holder to install a monitoring bore based on geology which is decided on a case by case basis.

3.4 The dredging activities conducted by Port Taranaki Limited (Port Taranaki dredging monitoring programme report) shows that the consent that allows the Company to deposit the sands in a nearshore disposal site were effective and that continued monitoring will highlight any changes to Port Taranaki Limited’s dredging operations that may be required to be made in the future.

Recommended

THAT the Taranaki Regional Council 1. receives the South Taranaki District Council Central Landfill Baseline Monitoring Programme Report 2013-2014 and adopts the specific recommendations therein 2. receives the Stratford District Council Water Supplies Monitoring Programme Report 2013-2014 and adopts the specific recommendations 3. receives the Port Taranaki Dredging Monitoring Programme Report 2009-2014 and adopts the specific recommendations therein 4. receives the Todd Energy – Mangahewa D Hydraulic Fracturing Monitoring Programme Report 2011-2014 and adopts the specific recommendations therein. 5. receives the Greymouth Petroleum Limited – Ngatoro E Monitoring Programme Report 2012-2014 and adopts the specific recommendations therein. 6. receives the Greymouth Petroleum Turangi -B Hydraulic Fracturing Monitoring Programme Report 2013-2015 and adopts the specific recommendations therein 7. receives the Origin Kauri-E hydraulic fracturing Monitoring Programme Report 2013-2015 and adopts the specific recommendations therein 8. receives the Todd Mangahewa A hydraulic fracturing Monitoring Programme Report 2013-2015 and adopts the specific recommendations Lean/MacLeod

4. Incident Register – 7 April 2015 to 22 May 2015

Councillor D N MacLeod declared an interest in item 4 (Incident Register – 7 April 2015 to 22 May 2015), in particular matters pertaining to PKW Farms and Fonterra Co-operative Group Limited, and took no part in the discussion or recommendations.

4.1 The Committee received and noted the summary of the Council’s Incident Register for the period 7 April 2015 to 22 May 2015.

4.2 Mr B E Pope, Compliance Manager, provided an overview to the Committee on the reported incidents and answered any questions.

Consents and Regulatory Committee Meeting Tuesday 9 June 2015 5

4.3 Mr Pope noted to the Committee that two non-compliant incidents relating to Viterra (NZ) Limited are reported. Council staff has met with Viterra who explained that the Company is undertaking works to empty the Ocean View Parade building of palm kernel and moving to a new location.

Recommended

THAT the Taranaki Regional Council

1. receives the memorandum

2. receives the summary of the Incident Register for the period from 7 April 2015 to 22 May 2015 and adopts the recommendations therein.

Davey/Maxwell

5. Enforcement Order granted – FJ Mullan

5.1 Mr B G Chamberlain, Chief Executive, spoke to the memorandum updating the Committee on the application for enforcement order for F J Mullan. The enforcement order (CRI-2013-043-001746) granted 21 May 2015 was noted and discussed.

5.2 Mr B E Pope, Compliance Manager, provided an explanation to the Committee on the conditions of the Enforcement Order, noting that the Order applies to all dairy effluent systems on all dairy farms operated by Mr Mullan or in which he has a proprietorial interest. Mr Mullan is required to adhere to the enforcement order by 30 June 2015. Any changes to the enforcement order must be referred back to the Environment Court.

Recommended

THAT the Taranaki Regional Council 1. receives this report 2. notes the successful outcome of the enforcement order application 3. acknowledges the Council’s involvement in establishing important case law under the Resource Management Act. Cloke/Maxwell

6. General Business

There were no matters of general business.

Consents and Regulatory Committee Meeting Tuesday 9 June 2015 6

7. Public Excluded

In accordance with section 48(1) of the Local Government Official Information and Meetings Act 1986, resolves that the public be excluded from the following part of the proceedings of the Consents and Regulatory Committee meeting held on Tuesday 9 June 2015 for the following reason/s:

Item 8 Confirmation of Confidential Minutes 28 April 2015

Lean/Davey

There being no further business, the Committee Chairperson Councillor M J Cloke, declared the Consents and Regulatory Committee meeting closed at 11.00 am.

Confirmed

Committee Chairperson: ______M J Cloke

Date: 21 July 2015

Consents and Regulatory Committee Meeting Tuesday 9 June 2015 7

Agenda Memorandum

Date 21 July 2015

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Resource consents issued under delegated authority and applications in progress and Annual Summary

Item: 2

Approved by: A D McLay, Director – Resource Management

B G Chamberlain, Chief Executive

Document: 1538306

Purpose The purpose of this memorandum is to advise the Committee of consents granted, consents under application and of consent processing actions since the last meeting. This information is summarised in figures at the end of this report.

Recommendations That the Taranaki Regional Council: 1. receives the schedule of resource consents granted under delegated authority 2. notes the increased data reported on consent processing and the end of year summary.

Background The following resource consent applications have been investigated by officers of the Taranaki Regional Council. They are activities with less than minor adverse effects on the environment or minor effects and affected parties have agreed to the activity. In accordance with sections 104 to 108 and section 139 of the Resource Management Act 1991, and pursuant to delegated authority to make decisions on consent applications, the Chief Executive or the Director—Resource Management has granted the consents/certificates of compliance.

The exercise of delegations under the Resource Management Act 1991 is reported for Committee Members’ information. Under the delegations manual, consent processing actions are to be reported to the Consents and Regulatory Committee.

The attached appendices (consent applications in progress) show the total number of applications in the consent processing system over the last twelve months. The number of applications for the renewal of resource consents is also shown. The difference between the two is the number of new applications, including applications for a change of conditions. New applications take priority over renewal applications. Renewal applications are generally put on hold, with the agreement of the applicant, and processed when staff resources allow. A consent holder can continue to operate under a consent that is subject to renewal. The above approach is pragmatic and ensures there are no regulatory impediments to new activities requiring authorisation.

Also attached are the following: • Applications in progress table - the number of applications in progress at the end of each month (broken down into total applications and the number of renewals in progress) for this year and the previous two years. • Consents issued table - the number of consents issued at the end of each month for this year and the previous two years. • Potential hearings spreadsheet outlining the current status of limited/notified applications where hearing committees have been appointed. • Breakdown of consents issued. This is the number of consents issued broken down by purpose – new, renewals, changes or review. • Types of consents issued, further broken down into notification types – non-notified, limited notified or public notified. • Public and iwi involvement in non-notified consents. This assessment excludes routine farm dairy discharges as generally affected party approval and iwi consultation is not required for these. • Application processing time extensions used compared to the previous years. • Consent type process shows the notification type including applications submitted on and the pre-hearing resolution numbers.

Annual summary From now on it is not intended to prepare an annual activity report for consents but to present the data, with appropriate commentary, at each committee meeting. This is the last agenda report for 2014/2015 so some end of year commentary is provided.

Set out below is a summary of the main activities carried out in 2014/2015:

• There has been less resource consents issued in 2014/2015 than in the previous year (400 compared to 632).

• The Council granted 400 consents during the year; of which 299 (75%) were for discretionary activities, 88 (22%) were for controlled activities, and 13 (3%) were for restricted discretionary activities. In addition, 1 certificate of compliance was issued during the year.

• Compliance with Resource Management Act 1991 timelines for consent processing in 2014/2015 was 100%. This is the fifteenth consecutive year of 100% compliance.

• Of the 400 consents granted, 388 (97%) were processed as non-notified consents, 11 (2.75%) consents were limited-notified and there was 1 (0.25%) publicly notified consent processed to a decision in the 2014/15 year. 133 (33%) applications that were processed were for consent renewals.

• For non-notified consents 395 parties were consulted and/or provided their written approval.

• Of the 11 consents that were limited notified, 5 attracted submissions in opposition. One notified application also attracted submissions in opposition. Five (6) of the applications attracting submissions in opposition were resolved via the pre-hearing process, reducing costs for all parties and improving understanding between the parties. There were no appeals on Council hearing committee decisions.

• At year end there were 4830 consents, an increase of 79 over the previous year.

Decision-making considerations Part 6 (Planning, decision-making and accountability) of the Local Government Act 2002 has been considered and documented in the preparation of this agenda item. The recommendations made in this item comply with the decision-making obligations of the Act.

Financial considerations—LTP/Annual Plan This memorandum and the associated recommendations are consistent with the Council’s adopted Long-Term Plan and estimates. Any financial information included in this memorandum has been prepared in accordance with generally accepted accounting practice.

Policy considerations This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Biosecurity Act 1993.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices List of non-notified consents (document #1538013) Schedule of non-notified consents (document #1538071) Consents processing charts for Agenda (document #1538265).

Applications in progress

Month Ending

July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Total RTotal RTotal RTotal RTotal RTotal RTotal RTotal RTotal RTotal RTotal RTotal R

2014/2015 181 117 167 107 175 99 160 88 181 116 183 120 182 118 254 171 229 187 225 167 216 148 208 141

2013/2014 145 40 132 28 124 19 108 19 218 67 225 79 247 123 237 150 235 151 218 144 227 133 208 133

2012/2013 141 71 153 72 154 72 148 67 172 68 174 58 154 54 155 61 149 57 152 58 135 61 138 55

R = Renewals

Potential Hearings

Applicant Description Notification Status Date date Issued 1 x application to take water from Cold Stream to supply the Cold Creek Community Pursuing prehearing Cold Creek Water Supply Scheme – change to consent 07/10/2014 Water Supply Ltd process conditions to increase rate of take to up to 80 l/sec (1134-3.2)

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Consents Issued (running totals)

July Aug Sept Oct Nov Dec Jan Feb Mar April May June 2014/2015 41 80 106 154 184 212 235 262 312 332 366 400

2013/2014 50 122 187 210 262 286 307 428 482 511 561 632 2012/2013 22 59 85 119 175 211 250 296 341 379 424 446

Breakdown of consents issued

New Renewal Change Review Totals 2013-2014 Total 314 138 178 2 632

2014-2015 Total 164 133 98 5 400

Types of consents issued - year to date comparison

Total Total Limited Total Non-

Coastal Non discharge air Air discharge use Land Water notified Coastal Non discharge air Air discharge use Land Water Notified Coastal Non discharge air Air discharge use Land Water notified Total Grand Notified%% Limited Non Notified % 2013-2014 July-June 0 0 0 0 0 0.0% 0 1 6 3 8 9 4.3% 27 54 236 95 170 50 95.7% 605 632 2014-2015 July-June 0 0 1 0 0 0.25% 1 3 2 3 1 2 2.75% 11 25 204 37 91 31 97.0% 388 400

Non notified number of parties consulted and written approval provided (excluding dairy discharges) - July to June Number of

Consultation Affected Party

(number of Approvals

parties) (written) Totals

District Councils 11718

DOC 6511 Environmental/Recreational Groups 707

Fish & Game 9312

Individuals/Neighbours/Landowners 47 164 211

Network Utilities 000

Non Govt Organisations 12 2 14

Other Govt Departments 415

Iwi/hapu 117 0 117

Totals - June 2014 to July 2015 203 192 395 12

Application processing time extensions used 2013-2014 versus 2014-2015

Consent type process

Last 10 year 2013-2014 2014-2015 average 2005 - July to July to 2014 June June Total consents granted 436 632 400 Notified 801 Limited-notified 10 27 11 Non-notified 418 605 388 Applications submitted on (in 12 11 6 opposition and to be heard) Application Pre-hearing 7115 resolution (%) 61% 100% 83% Hearings (no. of applications) 2 (5) 0 (0) 1 (1) Appeals (no. of applications) 1 (2) 0 (0) 0 (0) Total current consents 4378 4751 4830

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

Consent Holder Subtype Land Use Consent R2/10116-1.0 South Taranaki District Council Structure - Culvert R2/5229-2.0 New Plymouth District Council Structure - Wharf/Marine/Jetty R2/10038-1.0 Forest Management NZ Ltd Structure - Culvert R2/10123-1.0 Bredow Family Partnership Structure - Culvert R2/10127-1.0 South Taranaki District Council Bore Install R2/9963-1.2 Todd Energy Limited Pipe Waterway R2/5595-2.0 Barrett Holdings Structure - Ford/Low Level Crossing R2/10126-1.0 BJ & L Kowalewski Realign Waterway Discharge Permit R2/9932-1.1 Karawhaka Poultry Limited Air - odour R2/0630-3.0 WD & GM Schreiber Water - Animal Waste R2/4911-2.0 Streatham Partnership Water - Animal Waste R2/2076-3.0 Justin Harrison Land/Water Animal Waste R2/0767-3.0 Bergton Farm Limited Land - animal waste R2/1393-3.0 Anthony Main Water - Animal Waste R2/2970-2.1 True Blue Trusts Land - animal waste R2/2041-3.0 Freight & Bulk Transport Limited Land - Industry R2/10008-1.0 Freight & Bulk Transport Limited Land/Water Industry R2/1819-3.0 Alan Fenwick & Rachel Joan Hunger Land/Water Animal Waste R2/10118-1.0 Roma Petroleum Limited Land/Water Industry R2/0564-3.0 Gerald & Dianne Kowalewski Water - Animal Waste R2/6567-2.0 PG O'Rorke Family Trust Land - animal waste R2/3668-2.3 Todd Energy Limited Land/Water Industry R2/4050-3.1 Todd Energy Limited Air - Industry R2/5763-2.0 GD & CJ Alexander Land - animal waste R2/10125-1.0 Forest Owner Marketing Services Limited Land/Water Industry R2/0799-3.0 Gralyn Family Trust Partnership Water - Animal Waste R2/2069-3.0 Stephen Thomas Dodunski Land/Water Animal Waste R2/4333-3.0 Osflo Fertiliser Limited Land - stormwater R2/5918-2.0 Osflo Fertiliser Limited Air - odour R2/5718-2.0 Shadel Trust Land - animal waste R2/5689-2.1 Taranaki Bulk Storage Limited Water - Stormwater R2/10130-1.0 Greymouth Petroleum Acquisition Air - Industry R2/9207-2.0 Greymouth Petroleum Limited Land - Hydraulic Fracturing

R2/9235-2.0 Greymouth Petroleum Limited Land - Hydraulic Fracturing 14

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/9265-2.0 Greymouth Petroleum Limited Land - Hydraulic Fracturing

R2/1886-2.1 Collingwood Farm Family Trust Water - Animal Waste Water Permit R2/10120-1.0 SC & MJ O'Neill Family Trust Take Groundwater R2/10117-1.0 Roma Petroleum Limited Take Groundwater R2/10128-1.0 South Taranaki District Council Take Groundwater R2/10131-1.0 Greymouth Petroleum Acquisition Take produced water

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Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/10116-1.0 Commencement Date: 02 Jun 2015 South Taranaki District Council Expiry Date: 01 Jun 2029 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: Jun 2017, Jun 2023 Activity Class: Discretionary Location: 1551 Palmer Road, Mahoe Application Purpose: New To replace an existing culvert in an unnamed tributary of the Mangatoki Stream, including the associated disturbance of the streambed

R2/9932-1.1 Commencement Date: 02 Jun 2015 Karawhaka Poultry Limited Expiry Date: 01 Jun 2032 75 Cross Road, RD 3, New Plymouth 4373 Review Dates: Jun 2016, Jun 2017, Jun 2020, Jun 2026 Activity Class: Discretionary Location: 75 Cross Road, Huirangi Application Purpose: Change To discharge emissions into the air from a poultry farming operation and associated practices including waste management activities

Change to conditions to increase shed size

R2/10120-1.0 Commencement Date: 03 Jun 2015 SC & MJ O'Neill Family Trust Expiry Date: 01 Jun 2034 176 Sole Road, RD 23, Stratford 4393 Review Dates: Jun 2022, Jun 2028 Activity Class: Discretionary Location: 252 Sole Road, Stratford Application Purpose: New To take and use groundwater from a bore for farm water supply purposes

R2/0630-3.0 Commencement Date: 03 Jun 2015 WD & GM Schreiber Expiry Date: 01 Dec 2021 187 Mangaone Road, RD 8, Inglewood 4388 Review Dates: Activity Class: Controlled Location: 187 Mangaone Road, Inglewood Application Purpose: Replace To discharge effluent from a farm dairy after treatment in an oxidation pond system and a constructed drain into the Mangaone Stream

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Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/4911-2.0 Commencement Date: 03 Jun 2015 Streatham Partnership Expiry Date: 01 Dec 2021 719 Uruti Road, RD 48, Urenui 4378 Review Dates: Activity Class: Controlled Location: 719 Uruti Road, Urenui Application Purpose: Replace To discharge effluent from a farm dairy after treatment in an oxidation pond system into an unnamed tributary of the Uruti Stream

R2/2076-3.0 Commencement Date: 03 Jun 2015 Justin Harrison Expiry Date: 01 Dec 2027 1177 Mokau Road (SH3), RD 44, Urenui 4379 Review Dates: Jun 2021 Activity Class: Controlled Location: 1177 Mokau Road, Urenui Application Purpose: Replace To discharge farm dairy effluent after treatment in an oxidation pond system: • in all its forms onto land; and • in liquid form only after additional treatment in a constructed drain into the Mimi River when the land disposal area is unsuitable for effluent disposal

R2/5229-2.0 Commencement Date: 03 Jun 2015 New Plymouth District Council Expiry Date: 01 Jun 2033 Private Bag 2025, New Plymouth 4342 Review Dates: Jun 2021, Jun 2027 Activity Class: Discretionary Location: West Quay, Waitara Application Purpose: Replace To use an existing wharf structure located on the left bank of the Waitara River

R2/0767-3.0 Commencement Date: 04 Jun 2015 Bergton Farm Limited Expiry Date: 01 Dec 2039 2873 Mountain Road, RD 24, Stratford 4394 Review Dates: Jun 2021, Jun 2027, Jun 2033 Activity Class: Controlled Location: 2873 Mountain Road, Midhirst Application Purpose: Replace To discharge effluent from a farm dairy onto and into land

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/1393-3.0 Commencement Date: 08 Jun 2015 Anthony Main Expiry Date: 01 Dec 2021 PO Box 24, Urenui 4349 Review Dates: Activity Class: Controlled Location: 35 Lower Kaipikari Road, Urenui Application Purpose: Replace To discharge effluent from a farm dairy after treatment in an oxidation pond system and a constructed drain into the Onaero River

R2/2970-2.1 Commencement Date: 04 Jun 2015 True Blue Trusts Expiry Date: 01 Dec 2024 930 Auroa Road, RD 28, Hawera 4678 Review Dates: Jun 2018 Activity Class: Discretionary Location: 860 Auroa Road, Auroa Application Purpose: Change To discharge effluent from a farm dairy onto and into land

Change to conditions so discharge is to land only, and to increase herd size

R2/2041-3.0 Commencement Date: 05 Jun 2015 Freight & Bulk Transport Limited Expiry Date: 01 Jun 2018 PO Box 472, New Plymouth 4340 Review Dates: Activity Class: Discretionary Location: 69 Katere Road, New Plymouth Application Purpose: Replace To discharge treated truck wash water and stormwater onto and into land

R2/10008-1.0 Commencement Date: 05 Jun 2015 Freight & Bulk Transport Limited Expiry Date: 01 Jun 2032 PO Box 472, New Plymouth 4340 Review Dates: Jun 2020, Jun 2026 Activity Class: Controlled Location: 69 Katere Road, New Plymouth Application Purpose: New To discharge stormwater onto and into land and into the Mangaone Stream

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/1819-3.0 Commencement Date: 09 Jun 2015 Alan Fenwick & Rachel Joan Hunger Expiry Date: 01 Dec 2027 68 Ohanga Road, RD 43, Waitara 4383 Review Dates: Jun 2021 Activity Class: Controlled Location: 436 Waiau Road, Onaero Application Purpose: Replace To discharge farm dairy effluent after treatment in an oxidation pond system: • in all its forms onto land; and • in liquid form only after additional treatment in a constructed drain into an unnamed tributary of the Waiau Stream when the land disposal area is unsuitable for effluent disposal

R2/10038-1.0 Commencement Date: 09 Jun 2015 Forest Management NZ Ltd Expiry Date: 01 Jun 2022 Unit 13, 90 Austin Street, Onekawa, Napier Review Dates: Jun 2016, Jun 2018, Jun 2020 4110 Activity Class: Discretionary Location: Waikare Road, Mangawhio Application Purpose: New To install modified shipping container culverts in the beds of unnamed tributaries within the Waikare Forest to provide temporary access for forest harvesting purposes

R2/10117-1.0 Commencement Date: 10 Jun 2015 Roma Petroleum Limited Expiry Date: 01 Jun 2017 18 Wairau Road, Oakura 4314 Review Dates: Activity Class: Discretionary Location: 7 Breakwater Road, Moturoa Application Purpose: New To take groundwater from dewatering excavations

R2/10118-1.0 Commencement Date: 10 Jun 2015 Roma Petroleum Limited Expiry Date: 01 Jun 2017 18 Wairau Road, Oakura 4314 Review Dates: Activity Class: Discretionary Location: 7 Breakwater Road, Moturoa Application Purpose: New To discharge treated water from dewatering activities, associated with the placement of an underground petroleum storage tank, onto and into land in circumstances where it may enter water, via the New Plymouth District Council stormwater network

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/0564-3.0 Commencement Date: 11 Jun 2015 Gerald & Dianne Kowalewski Expiry Date: 01 Dec 2021 162 Rutland Road, RD 24, Stratford 4394 Review Dates: Activity Class: Controlled Location: 162 Rutland Road, Stratford Application Purpose: Replace To discharge effluent from a farm dairy after treatment in an oxidation pond system into an unnamed tributary of the Waipuku Stream

R2/10123-1.0 Commencement Date: 11 Jun 2015 Bredow Family Partnership Expiry Date: 01 Jun 2034 C/- John Greensmith, PO Box 473, Review Dates: Jun 2022, Jun 2028 Warkworth 0941 Activity Class: Discretionary Location: 184 Bredow Road, Douglas Application Purpose: New To replace an existing culvert in the Toko Stream, including the associated disturbance of the streambed

R2/10127-1.0 Commencement Date: 12 Jun 2015 South Taranaki District Council Expiry Date: Chief Executive, Private Bag 902, Hawera 4640 Review Dates: Jun 2017, Jun 2023, Jun 2029, Jun 2035, Jun 2041, Jun 2047, Jun 2053 Activity Class: Discretionary Location: Waimate West Water Treatment Application Purpose: New Plant, Upper Rowan Road, Kaponga To drill and construct a groundwater bore for aquifer testing purposes

R2/10128-1.0 Commencement Date: 12 Jun 2015 South Taranaki District Council Expiry Date: 01 Jun 2016 Chief Executive, Private Bag 902, Hawera 4640 Review Dates: Activity Class: Discretionary Location: Waimate West Water Treatment Application Purpose: New Plant, Upper Rowan Road, Kaponga To take and use groundwater from a bore for aquifer testing purposes

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/6567-2.0 Commencement Date: 23 Jun 2015 PG O'Rorke Family Trust Expiry Date: 01 Jun 2029 3955 Main South Road, RD 32, Opunake 4682 Review Dates: Jun 2017, Jun 2023 Activity Class: Controlled Location: Various locations throughout the Application Purpose: Replace Taranaki region To discharge farm dairy effluent by irrigation onto and into land throughout the Taranaki region

R2/3668-2.3 Commencement Date: 24 Jun 2015 Todd Energy Limited Expiry Date: 01 Jun 2033 PO Box 802, New Plymouth 4340 Review Dates: Jun 2015, Jun 2021, Jun 2027 Activity Class: Discretionary Location: McKee-C wellsite, 1334 Otaraoa Application Purpose: Change Road, Tikorangi To discharge treated stormwater, uncontaminated treated site water and uncontaminated treated production water from hydrocarbon exploration and production operations and electricity generation operations and associated activities at the McKee-C wellsite and the Mangahewa Expansion Compression facility onto and into land and into an unnamed tributaries of the Mangahewa Stream

Change of consent conditions to include reference to the Mangahewa Expansion Compression (MEC) facility

R2/4050-3.1 Commencement Date: 24 Jun 2015 Todd Energy Limited Expiry Date: 01 Jun 2027 PO Box 802, New Plymouth 4340 Review Dates: Jun 2015, Jun 2021 Activity Class: Discretionary Location: McKee-C wellsite, 1334 Otaraoa Application Purpose: Change Road, Tikorangi To discharge emissions into the air from flaring of hydrocarbons associated with the production activities at the McKee-C wellsite, the Mangahewa Expansion Compression facility and from hydrocarbon processing operations and miscellaneous emissions at the McKee Production Station

Change of consent conditions to include reference to the MEC facility

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/9963-1.2 Commencement Date: 24 Jun 2015 Todd Energy Limited Expiry Date: 01 Jun 2031 PO Box 802, New Plymouth 4340 Review Dates: Jun 2019, Jun 2025 Activity Class: Discretionary Location: McKee-C wellsite, 1334 Otaraoa Application Purpose: Change Road, Tikorangi To install piping in a section of an unnamed tributary of the Mangahewa Stream, including associated streambed disturbance and reclamation

Change of consent condition 1 to reflect the disturbance and part reclamation of a section of the Mangahewa Stream tributary streambed resulting from the new flare pit construction

R2/5763-2.0 Commencement Date: 25 Jun 2015 GD & CJ Alexander Expiry Date: 01 Dec 2039 319 Upper Dudley Road, RD 6, Review Dates: Jun 2021, Jun 2027, Jun 2033 Inglewood 4386 Activity Class: Controlled Location: 319 Dudley Road, Inglewood Application Purpose: Replace To discharge effluent from a farm dairy onto and into land

R2/10125-1.0 Commencement Date: 29 Jun 2015 Forest Owner Marketing Services Limited Expiry Date: 01 Jun 2022 PO Box 96, Feilding 4740 Review Dates: Jun 2016, Jun 2018, Jun 2020 Activity Class: Controlled Location: Waikare Road, Waitotara Application Purpose: New To undertake vegetation disturbance activities and to disturb the stream bed, and to discharge stormwater and sediment from soil disturbance to land and into an unnamed tributary of the Omata Stream from forest harvesting and associated roading

R2/0799-3.0 Commencement Date: 29 Jun 2015 Gralyn Family Trust Partnership Expiry Date: 01 Dec 2021 615 Upper Dudley Road, RD 6, Review Dates: Inglewood 4386 Activity Class: Controlled Location: 172 Upper Durham Road, Application Purpose: Replace Inglewood To discharge effluent from a farm dairy after treatment in an oxidation pond system into the Ngatoronui Stream

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/5595-2.0 Commencement Date: 29 Jun 2015 Barrett Holdings Expiry Date: 01 Jun 2028 150 Rata Street, Inglewood 4300 Review Dates: Jun 2019, Jun 2022, Jun 2025 Activity Class: Discretionary Location: 505 Radnor Road, Midhirst Application Purpose: Replace To use a multi-barrel low level crossing in an unnamed tributary of the Piakau Stream for farm access purposes

R2/2069-3.0 Commencement Date: 30 Jun 2015 Stephen Thomas Dodunski Expiry Date: 01 Dec 2027 545 Upper Durham Road, RD 8, Inglewood Review Dates: Jun 2021 4388 Activity Class: Controlled Location: 342 Lincoln Road, Inglewood Application Purpose: Replace To discharge farm dairy effluent after treatment in an oxidation pond system and a constructed drain: • in all its forms onto land; and • in liquid form only into the Kurapete Stream when the land disposal area is unsuitable for effluent disposal

R2/4333-3.0 Commencement Date: 30 Jun 2015 Osflo Fertiliser Limited Expiry Date: 01 Jun 2032 PO Box 761, New Plymouth 4340 Review Dates: Jun 2020, Jun 2026 Activity Class: Discretionary Location: 70 Hursthouse Road, Tarurutangi Application Purpose: Replace To discharge treated wastewater and stormwater from poultry litter storage yard washings into land via soakage, in circumstances where it may enter ground and surface water

R2/5918-2.0 Commencement Date: 30 Jun 2015 Osflo Fertiliser Limited Expiry Date: 01 Jun 2032 PO Box 761, New Plymouth 4340 Review Dates: Jun 2020, Jun 2026 Activity Class: Discretionary Location: 70 Hursthouse Road, Tarurutangi Application Purpose: Replace To discharge emissions into the air from the storage and distribution of used poultry litter fertiliser

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/5718-2.0 Commencement Date: 30 Jun 2015 Shadel Trust Expiry Date: 01 Dec 2039 218 Dudley Road, RD 6, Inglewood 4386 Review Dates: Jun 2021, Jun 2027, Jun 2033 Activity Class: Controlled Location: 98 Ngaro Road, Tariki Application Purpose: Replace To discharge effluent from a farm dairy onto and into land

R2/5689-2.1 Commencement Date: 02 Jul 2015 Taranaki Bulk Storage Limited Expiry Date: 01 Jun 2033 PO Box 465, Hawera 4640 Review Dates: Jun 2021, Jun 2027 Activity Class: Discretionary Location: 3090A Mountain Road, Midhirst Application Purpose: Replace To discharge untreated stormwater from a fertiliser storage, blending and distribution site into the Te Popo Stream

R2/10130-1.0 Commencement Date: 02 Jul 2015 Greymouth Petroleum Acquisition Company Expiry Date: 01 Jun 2026 Limited PO Box 3394, New Plymouth 4341 Review Dates: Jun 2020 Activity Class: Restricted discretionary Location: Kaimiro Production Station, 1180 Application Purpose: New Upland Road, Egmont Village To discharge contaminants to air from hydrocarbon exploration at the Kaimiro Production Station, including combustion involving flaring or incineration of petroleum recovered from natural deposits, in association with well development or redevelopment and testing or enhancement of well production flows

R2/10131-1.0 Commencement Date: 02 Jul 2015 Greymouth Petroleum Acquisition Company Expiry Date: 01 Jun 2026 Limited PO Box 3394, New Plymouth 4341 Review Dates: Jun 2020 Activity Class: Controlled Location: Kaimiro Production Station, 1180 Application Purpose: New Upland Road, Egmont Village To take groundwater, as ‘produced water’, during hydrocarbon exploration and production activities at the Kaimiro Production Station

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/9207-2.0 Commencement Date: 07 Jul 2015 Greymouth Petroleum Limited Expiry Date: 01 Jun 2027 PO Box 3394, New Plymouth 4341 Review Dates: June Annually Activity Class: Discretionary Location: Kowhai-B wellsite, 451 Ngatimaru Application Purpose: Replace Road, Tikorangi (Property owner: Hurstpierpoint Trust Limited) To discharge water-based hydraulic fracturing fluids into land at depths greater than 3,000 mTVD beneath the Kowhai-B wellsite

R2/9235-2.0 Commencement Date: 08 Jul 2015 Greymouth Petroleum Limited Expiry Date: 01 Jun 2027 PO Box 3394, New Plymouth 4341 Review Dates: June Annually Activity Class: Discretionary Location: Ephia-A wellsite, Upper Epiha Application Purpose: Replace Road, Motunui (Property owner: DL & DR Robins) To discharge water-based hydraulic fracturing fluids into land at depths greater than 3,000 mTVDss beneath the Epiha-A wellsite

R2/9265-2.0 Commencement Date: 09 Jul 2015 Greymouth Petroleum Limited Expiry Date: 01 Jun 2027 PO Box 3394, New Plymouth 4341 Review Dates: June Annually Activity Class: Discretionary Location: Ohanga-B wellsite, Waiau Road, Application Purpose: Replace Urenui To discharge water-based hydraulic fracturing fluids into land at depths greater than 3,300 mTVDss beneath the Ohanga-B wellsite

R2/10126-1.0 Commencement Date: 09 Jul 2015 BJ & L Kowalewski Expiry Date: 01 Jun 2033 114 Rutland Road, RD 24, Stratford 4394 Review Dates: Jun 2021, Jun 2027 Activity Class: Discretionary Location: 124 Rutland Road, Midhirst Application Purpose: New To realign a section of an unnamed tributary of the Waipuku Stream through a newly constructed channel, including associated streambed disturbance and reclamation

Non-notified authorisations issued by the Taranaki Regional Council between 29 May 2015 and 09 Jul 2015

R2/1886-2.1 Commencement Date: 09 Jul 2015 Collingwood Farm Family Trust Expiry Date: 01 Dec 2022 197 Waitangi Road, RD 2, Waverley 4592 Review Dates: Jun 2016 Activity Class: Discretionary Location: 235 Waitangi Road, Waverley Application Purpose: Change To discharge effluent from a farm dairy after treatment in an oxidation pond system and a wetland into an unnamed tributary of the Mangatangi Stream

Change to conditions to increase herd size

Agenda Memorandum

Date 21 July 2015

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Consent monitoring annual reports

Item: 3

Approved by: G K Bedford, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1531184

Purpose The purpose of this memorandum is to advise the Committee of the preparation of eight tailored compliance monitoring reports. Recommendations pertaining to each site or programme are set out in the relevant report. The attention of Committee members is directed to the Executive Summary at the front of each report.

Executive summary The Council considers the regular reporting of comprehensive and well-considered compliance monitoring is vital to undergird • community standing and reputation enhancement for companies that consistently attain good or high levels of environmental performance • public exposure for those that don’t • a respectful regard for the Taranaki region’s environment and our management of its natural resources; and • the Council’s accountability and transparency.

There are eight reports for presentation to the meeting. Three of these reports are for the recently completed 2014-2015 monitoring year. An additional four reports are for the 2013- 2014 monitoring year, and one, a biennial report covering the 2012-2014 monitoring year.

The reports cover programmes associated with a range of activities, including NPDC’s wastewater treatment plant processes, irrigation water monitoring, groundwater abstraction, hydraulic fracturing, agrichemical and meat processing.

A total of three programmes have now been reported on for the 2014-2015 monitoring year (Figure 1).

The majority of reports for the 2013-2014 monitoring year are now completed.

Figure 1: Number of 2014-2015 monitoring programmes reported on to date 30 250

25 200

20 150 15 100 10

50 5 Number of programmesto be reported on

Actual number of programmes reported on to date of programmesreported on to numberActual 0 0

Programme Count Running total Number of programmes to be reported on

All reports have been prepared by staff of the Science Services section and have been submitted to the consent holder for comment prior to publication (except for irrigation). All reports provide environmental performance and administrative compliance ratings for each consent holder in relation to their activities over the period(s) being reported, and provide recommendations for the following monitoring year.

Of the eight reports being presented to this meeting, 72 consent holders demonstrated a high level of environmental performance, and nine demonstrated a good level of environmental performance.

As a result of compliance monitoring being undertaken by the Council, there were 59 incidents lodged in regard to consent holder activities. There were as a result 24 abatement or infringement notices issued in relation to the consents being reported on.

Hydrocarbon well drilling, hydraulic fracturing, and re-injection activities were conducted without incident.

Table 1: Summary of consent holders’ environmental performance Overall environmental Report (monitoring programme) performance rating NPDC New Plymouth WWTP Marine Outfall and sludge lagoon Improvement Monitoring Programme Report 2012-2014 required

Irrigation Water Monitoring Programme Report 2013 - 2014 88% were either good or high

Taranaki Thoroughbred Racing Groundwater Abstraction Good Monitoring Programme Report 2013 - 2014

Tag Oil Cheal C Hydraulic Fracturing Monitoring Programme High Report 2013 - 2015

Todd Energy Mangahewa C Hydraulic Fracturing Monitoring High Programme Report 2013 - 2015

Kaimiro A Monitoring Programme Report 2013 - 2015 High

Dow AgroSciences (NZ) Ltd Annual Report 2013-2014 High

Tawhiti Catchment Monitoring Report 2012-2014 High

Recommendations That the Taranaki Regional Council: 1. receives the NPDC New Plymouth WWTP Marine Outfall and sludge lagoon Monitoring Programme Report 2012-2014 and adopts the specific recommendations therein 2. receives the Irrigation Water Monitoring Programme Report 2013-2014 and adopts the specific recommendations therein 3. receives the Taranaki Thoroughbred Racing Groundwater Abstraction Monitoring Programme Report 2013-2014 and adopts the specific recommendations therein 4. receives the Tag Oil Cheal-C Hydraulic Fracturing Monitoring Programme Report 2013- 2015 and adopts the specific recommendations therein 5. receives the Todd Energy Mangahewa C Hydraulic Fracturing Monitoring Programme Report 2013-2015 and adopts the specific recommendations therein 6. receives the Kaimiro A Monitoring Programme Report 2013-2015 and adopts the specific recommendations therein 7. receives the Dow AgroSciences (NZ) Ltd Monitoring Report 2013-2014 and adopts the specific recommendations therein 8. receives the Tawhiti Monitoring Report 2012-2014 and adopts the specific recommendations therein

Background The Council considers the regular reporting of comprehensive and well-considered compliance monitoring is vital to undergird- • community standing and reputation enhancement for companies that consistently attain good or high levels of environmental performance. Informed feedback is appropriate and valuable, and assists a proactive alignment of industry’s interests with community and Resource Management Act expectations. Reporting describes the effective value of investment in environmental systems;

• a respectful and responsible regard for the Taranaki region’s environment and our management of its natural resources. Reporting allows evaluation and demonstration of the overall rate of compliance by sector and by consent holders as a whole, and of trends in the improvement of our environment; and • the Council’s accountability and transparency. Reporting gives validity to assessments of effective intervention.

For the 2014-15 monitoring year it is anticipated that 108 reports detailing compliance monitoring of 200 programmes will be presented to the Committee. Table 2 presents the number of programmes by industry type anticipated for the 2014-15 monitoring year and the number of programmes reported on to date. Two of these programmes were presented to the June Committee meeting, and an additional three to this July Committee. There are 8 reports in total presented to this Committee.

Number of Completed Industry Type programmes to date Catchment 7 0 Dairy Processing 2 0

Energy 6 0 Industry 6 0 Irrigation 64 0 Land Fill 17 0 Marine 7 0 Meat Processing 5 0 Other 7 0 Petrochemical 41* 5 Piggery 3 0 Quarry 26 0 Wastewater 9 0

* this number does not include wellsites. Wellsite reports are compiled once significant activity at the well is completed. It is unknown in advance the number of wellsites that will cease activity. For reference 19 wellsites were actively monitored during the 14/15 year.

Case study St Pius X school influencing monitoring of Port Taranaki dredging

Council officers were delighted to help questions about dredging and the out with an open evening at St Pius X associated effects on the environment. School, New Plymouth, on 29 April. The During the open evening, short School has taken up the Experiencing presentations were given by staff from Marine Reserves (EMR) programme, both Port Taranaki and the Council under which students have been covering the consenting process, learning to snorkel both in local waters background research conducted in off Ngamotu Beach and further afield choosing suitable dump site locations around Goat Island. and ongoing monitoring undertaken to As part of the EMR programme, the check for potential environmental students were required to undertake an impacts. action project The evening was a great focusing on the local success and an all-round marine environment. positive experience, with They chose to the students learning all investigate dredging about how activities are activities by Port regulated within the Taranaki Ltd, out of coastal environment. concern that is Council officers were resulting in the extremely impressed with accumulation of fine the students’ knowledge of sediments on New Scientific Officer Emily Roberts helped out marine organisms gained Plymouth reefs and in a voluntary capacity as St Pius X students through practical snorkelled off Ngamotu Beach during Sea affecting underwater Week in March . Here they are examining a experience. visibility for marine 'sand dollar' sea urchin. In addition Port Taranaki organisms and for Ltd and the Council have snorkelling taken on board observations made by Students wrote letters to the Taranaki the students. We are currently Regional Council, Port Taranaki Ltd and reviewing the timing of the monitoring Nga Motu Marine Reserve Society to best fit in with dredging activities. raising lots of thought-provoking

.Discussion

NPDC New Plymouth WWTP Marine Outfall and Sludge Lagoon Monitoring Programme Report 2012-2014

The New Plymouth District Council (NPDC) operates a wastewater treatment plant (NPWWTP) located on Rifle Range Road between New Plymouth and Bell Block. This report for the period July 2012 to June 2014 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess NPDC’s environmental performance during the period under review, and the results and environmental effects of NPDC’s activities.

In relation to the operation of the NPWWTP, NPDC holds six resource consents, which include a total of 69 conditions setting out the requirements that NPDC must satisfy. NPDC holds a consent to allow it to discharge treated wastewater into the Tasman Sea, two consents relating to sludge disposal, two consents relating to structures and one consent to discharge emissions into the air at the site.

During the monitoring period, NPDC demonstrated an overall ‘improvement required’ level of environmental performance with the resource consents.

The Council’s monitoring programme for the two years under review included reviewing data supplied by NPDC, six site inspections, seven water samples collected for physicochemical analysis (including inter-laboratory comparison), two marine ecological surveys at five sites, 13 samples collected at five sites for analysis of bacteriological water quality, three mussel samples collected for trace metal analysis, seven mussel tissue samples analysed for norovirus and faecal coliform levels. Additional monitoring was also conducted by NPDC and the Council in relation to upgrade work undertaken on the aeration basins, including more than 40 samples collected at four sites for analysis of bacteriological water quality.

During the 2012-2014 period major upgrades were undertaken at the NPWWTP and as a result of various events occurring during this programme, improvement is required with regards to environmental performance and compliance with the resource consents. There were 32 recorded incidents, two abatement notices and two infringement notices issued during the two year period. These non-compliant events were a mixture of unauthorised incidents (generally sewage discharges to water), and non-compliance with consent conditions (mostly elevated suspended solids, biological oxygen demand, or low chlorine concentrations). It is anticipated that improved compliance with consent conditions will be achieved in the next monitoring period now that upgrade work is complete.

Elevated norovirus levels were detected in mussel flesh towards the end of the WWTP upgrade. There were no other significant detectable effects in the receiving environment resulting from wastewater discharges from the plant during the 2012-2014 monitoring period.

Irrigation Water Monitoring Programme Report 2013 - 2014

This is the eleventh Annual Report issued by the Taranaki Regional Council (the Council) to report on compliance monitoring programmes for resource consents authorising the

abstraction of freshwater for irrigation purposes in Taranaki. The report covers the period 1 July 2013 – 30 June 2014. It encompasses the data collected for compliance monitoring for resource consents for pasture irrigation, horticultural and golf courses irrigation as per the recommendations from the previous reports. Every year the Council prepares a monitoring programme for all irrigation water permits.

Water is a public resource and the authorisation to take it is granted through resource consent. Associated with that permission is a public expectation that the water will be used efficiently and will not be wasted – an expectation that can be better met if the actual amounts of water taken are accurately measured and recorded. Maintaining environmentally appropriate residual flows in streams and rivers to protect aquatic habitat is of primary concern to the Council when assessing water take applications.

At 30 June 2014, a total of 78 resource consents to take and use freshwater for irrigation purposes were registered in the Council’s databases. Of that number, 57 were for pasture irrigation, 11 for horticultural activities and 10 for recreational purposes (golf clubs). Sixty- five consents authorised abstractions from surface water (83%) while 13 (17%) utilised groundwater sources.

Other water takes for general farm and water supply purposes have also been granted by the Council, but as the water abstraction is not used for irrigation purposes they are not commented on in the main body of this report, but are commented on in Appendix II of the report.

The 2013-2014 monitoring programme for irrigation water permits comprised three primary components; liaison with consent holders, site inspections and data gathering and the review and assessment of data for compliance. It was a busy season for the Council’s hydrological unit, as the weather conditions meant the demand for irrigation was high. Most irrigation had commenced by the middle of December.

Over the five month summer irrigation period, Mount Taranaki recorded between 69% and 88% of normal rainfall which meant that rivers were running well below mean flows for the entire period. The low stream flows necessitated close and frequent monitoring by the Council to ensure ecological flows were maintained in those waterways being used to supply water for irrigation. During the period under review compliance with residual flow conditions for surface water abstractions sites was assessed by the Council on a total of 54 separate occasions across 25 waterways.

The Council also carried out compliance monitoring inspections at 73 sites during the 2013- 2014 irrigation season. The inspections included visual checks of the intake structures, screens, staff gauges, fencing around the pump sheds, downloading of data and stream gaugings.

All irrigators had ceased taking water for this purpose by the middle of April 2014. As happens each year, consent holder performance was assessed based on compliance with their authorised abstraction rates/volumes, maintenance of minimum residual flows, provision of abstraction records and all other general conditions of their consent(s). The Council recorded a total of 23 incidents over the course of the 2013-2014 period in relation to irrigation consents. These incidents were reported to Council and staff implemented appropriate responses as they were identified. Enforcement actions included the issuing of 20 abatement notices for consent non-compliances. The majority of incidents

and follow-up actions were resolved quickly and co-operatively by the consent holders concerned.

During the 2013-2014 year, 44% of irrigation consent holders in Taranaki achieved a high level of environmental performance and compliance with their consents, while 28% require improvement in their compliance performance. For reference, 60% of all consent holders in Taranaki monitored through tailored compliance monitoring programmes achieved a high level of environmental performance and compliance with their consents during the same period, while another 29% demonstrated a good level of environmental performance and compliance with their consents.

In addition to the conditions of resource consents for water abstractions, the Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 place further legislative requirements on holders of consents for water abstractions greater than five litres per second. These include specific requirements for the installation of water measuring devices, verification of the accuracy of water measuring devices and data reporting. The Regulations allow for a staged implementation of the requirements, dependent on abstraction rate. All abstractions are to be compliant with the Regulations by 10 November 2016. The Council will be actively monitoring the implementation of the Regulations during forthcoming monitoring periods.

It is important to note that inspections carried out by the Council identified that many flowmeter installations across the region are sub-standard, compromising the accuracy of the abstraction data being recorded. Irrigators and the Council need to be confident that their equipment will work accurately and effectively, therefore it is preferred that a reputable contractor be hired for the installation water measuring and recording equipment.

Taranaki Thoroughbred Racing Groundwater Abstraction Monitoring Programme Report 2013 - 2014

Taranaki Thoroughbred Racing (TTR) owns and operates the Pukekura Raceway, located on Coronation Avenue, New Plymouth. The site is located within the Te Henui catchment, and forms part of the eastern boundary of Pukekura Park.

TTR was granted resource consent 7470-1 in August 2009 by the Taranki Regional Council (the Council). The consent authorised the abstraction of up to 170 cubic metres per day (m3/day) of groundwater from an on-site production bore, at a rate not exceeding 10 litres per second. This consent was amended to 7470-1.1 on 10 June 2014, when the maximum daily abstraction limit was increased to 500 m3/day. Groundwater abstracted under the consent is primarily used for irrigation purposes but also for the watering of Council-owned gardens within New Plymouth District, and other general purposes within Pukekura Park. The consent includes 10 special conditions setting out the requirements that the consent holder must satisfy.

This report for the period July 2013 to June 2014 describes the monitoring programme carried out by the the Council to assess the consent holder’s environmental performance and level of compliance with consent 7470-1 and 7470-1.1.

During the year under review TTR demonstrated an overall good level of environmental performance.

To monitor the exercising of consent 7470-1 and 7470-1.1, abstraction volume and rate data are recorded electronically at the site by a datalogging system and transferred to the Council via a telemetry system so the data can be viewed in real time. Three groundwater observation bores were also installed within the vicinity of the production bore to monitor the effects of the abstraction on local groundwater levels. Water levels within two of the observation bores are monitored electronically by pressure transducers. The pressure transducers are programmed to record measurements at 30 minute (GND2102) and 15 minute (GND2103) intervals.

The Council’s monitoring programme for the period under review included five inspection visits to the site. Inspection visits typically comprised of a visual inspection of the production bore, abstraction pipework, monitoring equipment and associated infrastructure, obtaining manual measurements of groundwater levels in the production and observation bores, and retrieving electronic data.

The results of the monitoring carried out during the period under review indicate that abstraction of groundwater authorised by consent 7470-1 is not resulting in any adverse effects on any existing groundwater takes in the site locality. The data also indicates that the abstraction is having no adverse effect on shallow groundwater levels, and is therefore having no impact on any local groundwater fed surface water systems.

In August 2013, the Council was required to record an Unauthorised Incident (UI) for non- compliance with the conditions of consent 7470-1. The non-compliance related to the exceedance of the authorised daily abstraction volume on several occasions over the period July 2012 to May 2013. The non-compliance resulted in an abatement notice being issued in September 2013. Due to further exceedances TTR were issued with an infringement notice on 7 March 2014.

During the year under review the consent holder demonstrated an improvement required level of environmental performance and a good level of administrative performance with consent 7470-1. TTR demonstrated a high level of environmental performance and a good level of administrative performance with consent 7470-1.1.

Tag Oil Cheal C Hydraulic Fracturing Monitoring Programme Report 2013 - 2015

Tag Oil Limited (TAG) operate the Cheal-C wellsite, located at 127 Brookes Road, Stratford. The wellsite lies within the Waingongoro catchment and contains a hydrocarbon producing well and associated infrastructure.

TAG hold resource consent 9397-1, authorising the discharge of contaminants associated with hydraulic fracturing activities into land at depths greater than 3,700 m TVDss beneath the Cheal-C wellsite. The consent was issued by Taranaki Regional Council (the Council) on 19 September 2013 and contains 16 special conditions which set out the requirements that TAG must satisfy.

The following report for the period March 2014 to May 2015 outlines and discusses the results of the monitoring programme implemented by the Council in relation to the programme of hydraulic fracturing undertaken by TAG, within their Cheal-C wellsite. The report also assesses TAG’s level of environmental performance and compliance with the resource consent held in relation to the activity.

During the monitoring period being reported, TAG demonstrated a high level of environmental performance.

The programme of hydraulic fracturing undertaken by TAG at Cheal-C included the fracturing of one well; Cardiff-3. The hydraulic fracturing of this well took place on 24 March 2014.

The programme of monitoring implemented by the Council in relation to these activities spanned the 2013-2014 and 2014-2015 monitoring periods. The programme included the analysis of samples taken from groundwater sites surrounding the wellsite. Samples of groundwater were obtained prior to hydraulic fracturing being undertaken to provide a baseline reference of groundwater composition, with a further round of sampling carried out post hydraulic fracturing for comparison with baseline results.

In addition, samples of the both the hydraulic fracturing fluid and the formation fluids produced back to the wellhead immediately following the fracturing event were obtained for analysis.

The monitoring programme also incorporated a surface water component, whereby biomonitoring surveys were undertaken in surface water bodies surrounding the wellsite. In order to provide a baseline reference for stream health, surveys were undertaken prior to hydraulic fracturing. Additional surveys were then carried out post hydraulic fracturing to determine whether the activity had resulted in any adverse effects on stream health.

The monitoring carried out by the Council indicates that the hydraulic fracturing activities undertaken by TAG had no adverse effects on local groundwater or surface water resources. There were no unauthorised incidents recording non-compliance in respect of the resource consent, or provisions in regional plans, during the period under review.

TAG demonstrated a high level of environmental and administrative performance and compliance with the resource consent over the reporting period.

Todd Energy Mangahewa C Hydraulic Fracturing Monitoring Programme Report 2013 - 2015

Todd Energy Limited (Todd) operate the Mangahewa-C wellsite, located at Turangi Road, Motunui. The wellsite lies within the Waiau catchment and contains six hydrocarbon producing wells and associated infrastructure.

Todd hold resource consent 7971-2, authorising the discharge of contaminants associated with hydraulic fracturing activities into land at depths greater than 3,290 m TVDss beneath the Mangahewa-C wellsite. The consent was issued by Taranaki Regional Council (the Council) on 30 June 2014 and contains 17 special conditions which set out the requirements that Todd must satisfy. This is a renewal of 7971-1, which authorises the discharge of contaminants associated with hydraulic fracturing activities into land at depths greater than 3,425 m TVDss beneath the Mangahewa-C wellsite. This consent was issued by the Council on 20 January 2012 and contained 13 special conditions which set out the requirements that Todd must satisfy.

The following report for the period August 2013 to October 2014 outlines and discusses the results of the monitoring programme implemented by the Council in relation to the programme of hydraulic fracturing undertaken by Todd, within their Mangahewa-C wellsite. The report also assesses Todd’s level of environmental performance and compliance with the resource consent held in relation to the activity.

During the monitoring period being reported, Todd demonstrated a high level of environmental performance.

The programme of hydraulic fracturing undertaken by Todd at the Mangahewa-C wellsite during the period being reported was that of the Mangahewa-12, Mangahewa-13, Mangahewa-14 and Mangahewa-15 wells which took place between August 2013 and July 2014.

The programme of monitoring implemented by the Council in relation to fracturing activities commenced in the 2011-2012 monitoring year. The results of monitoring undertaken between April 2012 and May 2013 were presented in the 2011-2013 biennial report (Taranaki Regional Council, 2013). The results of monitoring undertaken between August 2013 and October 2014 are presented in this report. Monitoring included groundwater sampling at five sites and analysis of samples for a range of chemical and isotopic analysis.

The results of the monitoring carried out by the Council indicate that the hydraulic fracturing activities undertaken by Todd have had no adverse effects on local groundwater resources. There were no Unauthorised Incidents recording non-compliance in respect of the resource consent, or provisions in regional plans, during the period under review.

Todd demonstrated a high level of environmental and high level of administrative performance and compliance with the resource consents over the reporting period.

Kaimiro A Monitoring Programme Report 2013 - 2015

Greymouth Petroleum Limited (GPL) operate the Kaimiro-A wellsite, located at 1180 Upland Road, Inglewood. The wellsite lies within the Waiongana catchment and contains a hydrocarbon producing well and associated infrastructure.

GPL hold resource consent 9413-1, authorising the discharge of contaminants associated with hydraulic fracturing activities into land at depths greater than 3,140 m TVDss beneath the Kaimiro-A wellsite. The consent was issued by Taranaki Regional Council (the Council) on 25 February 2013 and contains 16 special conditions which set out the requirements that GPL must satisfy.

The following report for the period March 2014 to April 2015 outlines and discusses the results of the monitoring programme implemented by the Council in relation to the programme of hydraulic fracturing undertaken by GPL, within their Kaimiro-A wellsite. The report also assesses GPL’s level of environmental performance and compliance with the resource consent held in relation to the activity.

During the monitoring period being reported, GPL demonstrated a high level of environmental performance.

The programme of hydraulic fracturing undertaken by GPL at Kaimiro-A included the fracturing of one well; Kaimiro-2ST1. The hydraulic fracturing of this well took place on 29 April 2014.

In addition, samples of both the hydraulic fracturing fluid and the formation fluids produced back to the wellhead immediately following the fracturing event were obtained for analysis.

The monitoring carried out by the Council indicates that the hydraulic fracturing activities undertaken by GPL had no adverse effects on local groundwater or surface water resources. There were no unauthorised incidents recording non-compliance in respect of the resource consent, or provisions in regional plans, during the period under review.

GPL demonstrated a high level of environmental and good level of administrative performance and compliance with the resource consent over the reporting period.

Dow AgroSciences (NZ) Ltd Monitoring Report 2013-2014

Dow AgroSciences (NZ) Ltd (Dow AgroSciences) operates an industrial agrichemical formulating and packaging facility located at Paritutu Road, New Plymouth, in the Herekawe catchment. The Company holds resource consents to allow it to discharge stormwater into the Herekawe Stream, and to discharge emissions into the air. This report for the period July 2013- June 2014 describes the monitoring programme implemented by the Taranaki Regional Council to assess the Company’s environmental performance during the period under review, and the results and effects of the Company’s activities.

The Company held 2 resource consents which included a total of 29 conditions setting out the requirements that the Company must satisfy. The Company held one consent to allow it to discharge stormwater into the Herekawe Stream, and one consent to discharge emissions into the air at the plant site. An application to replace the consent to emit to air was being processed at the end of the review period.

During the monitoring period, Dow AgroSciences demonstrated an overall high level of environmental performance.

The Council’s monitoring programme included 4 inspections, 4 sets of water samples collected for pesticide analysis, 2 biological surveys of receiving waters, and a marine ecology inspection. The Company carried out air emission sampling and groundwater monitoring

through independent consultants and further storm water sampling, and forwarded the results to the Council for audit and review.

Operating hours in some plant areas reduced during the period, due to dry conditions for agriculture and hence less demand for the Company’s products.

The monitoring showed that the Company has had no significant impact on air quality in the vicinity of the plant or on water quality in the Herekawe Stream. No complaint in relation to the Company’s activities was registered by the Council.

During the year, the Company demonstrated a high level of environmental and administrative performance.

Tawhiti Monitoring Report 2012-2014

The Tawhiti Stream catchment, east of Hawera, is the location of several industries that include a meat processing plant, a meat rendering plant, and a trout hatchery. The companies that run these industries hold a number of resource consents to allow abstraction of water, discharge of stormwater to the stream, discharge of emissions into the air, disposal of paunch material to land, and placement of a structure across the stream. This report for the two-year period July 2012-June 2014 describes the monitoring programme implemented by the Taranaki Regional Council (the Council) to assess the companies’ environmental performance during the period under review, and the results and effects of the companies’ activities.

A total of 12 resource consents are held, which include a total of 101 conditions setting out the requirements that the companies must satisfy.

The Council's monitoring programme included site inspections, the collection of discharge water samples, sampling of the receiving water body for physico-chemical analysis, and a fish survey. A hydrometric station is maintained on the stream for the continuous measurement of flow rate and temperature.

Silver Fern Farms Ltd (meat processing plant) demonstrated an overall high level of environmental performance.

The Company holds six resource consents, to allow it to maintain a dam in and to take from the Tawhiti Stream; to discharge to the stream and to land; and to discharge emissions into the air. Three of the consents were replaced in March 2013.

During the period under review, two unauthorised incidents were registered against the site, in relation to minor spills which had no significant environmental impact.

Abstraction volumes complied with the consent limit. Telemetry of abstraction data to Council was installed in October 2012, with provision for transmission of cooling water flow and temperature data in future, if required.

A fish survey was undertaken in the Tawhiti Stream to assess the impact of the water intake weir operated by the meat plant. The survey did not indicate that the intake or fish pass has had any impact on the fish communities of the stream.

Graeme Lowe Protein Ltd (meat rendering plant) demonstrated an overall high level of environmental performance in respect of water-related activities. For air discharges, improvement was required in 2012-2013, and a good level of environmental performance was achieved in 2013-2014.

The Company holds four resource consents, to allow it to take from and discharge to the Tawhiti Stream, and to discharge emissions into the air. Two of the consents were replaced in March 2013.

During the period under review there were three unauthorised incidents reported in relation to activities at the site, all about odour. One complaint, made in March 2013, was substantiated and an infringement notice issued. It is noted that the installation of a bio-filter in 2009 has resulted in much better odour control at the site.

Taranaki Fish and Game (trout hatchery) demonstrated an overall high level of environmental performance.

The organisation holds two resource consents, to allow it to take and use water from, and to discharge to, the Tawhiti Stream. Five inspections were conducted during the review period, which indicated that contaminants in the discharge to the Tawhiti Stream were minimal and had no significant environmental effect.

During the period under review, there were no unauthorised incidents reported in relation to activities at the site.

Physico-chemical surveys of Tawhiti Stream, carried out on seven occasions in dry and wet weather conditions during the review period, showed no adverse effect on the stream as the result of activities at the sites of Silver Fern Farms Ltd, Graeme Lowe Protein Ltd and Taranaki Fish & Game.

Policy considerations This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks

including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Biosecurity Act 1993.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments – 8 separate reports

Document 1530423: NPDC New Plymouth WWTP Marine Outfall and sludge lagoon Monitoring Programme Report 2012-2014 Document 1526381: Irrigation Water Monitoring Programme Report 2013 - 2014 Document 1526498: Taranaki Thoroughbred Racing Groundwater Abstraction Monitoring Programme Report 2013 - 2014 Document 1522284: Tag Oil Cheal C Hydraulic Fracturing Monitoring Programme Report 2013 - 2015 Document 1522559: Todd Energy Mangahewa C Hydraulic Fracturing Monitoring Programme Report 2013 - 2015 Document 1522385: Kaimiro A Monitoring Programme Report 2013 - 2015 Document 1537628: Dow AgroSciences (NZ) Ltd Monitoring Programme Report 2013-2014 Document 1537420: Tawhiti Monitoring Programme Report 2012-2014

Agenda Memorandum

Date 21 July 2015

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Incident Register – 23 May 2015 to 30 June 2015 and Annual Summary

Item: 4

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1537035

Purpose The purpose of this memorandum is to allow the Council to consider and receive the summary of the Incident Register for the period 23 May 2015 to 30 June 2015.

Executive summary There are 62 incidents reported.

33 of the incidents were found to be compliant and 21 were found to be non-compliant. Eight of the incidents reported relate to non-compliance from previous periods (updates). The action taken is set out for Members information.

There were a total of 749 incidents recorded in the Incident Register for 2014/2015. This is a slight decrease from the 781 incidents recorded in 2013/2015.

Recommendations That the Taranaki Regional Council: 1. receives this memorandum 2. receives the summary of the Incident Register for the period from 23 May 2015 to 30 June 2015 and adopts the recommendations therein 3. notes the increased data reported on enforcement and associated activities, and the end of year summary.

Background The Council receives and responds to pollution events and public complaints throughout the year. Compliance monitoring undertaken can also identify non-compliance. This information is recorded in the Incident Register together with the results of investigations and any follow-up actions. Incidents are publicly reported to the Council through the Consents and Regulatory Committee via the Incident Register or the Annual Compliance Monitoring Reports.

Attached is the summary of the Incident Register for the period from 23 May 2015 to 30 June 2015.

Change of Format to Increase Understanding The incident register information presentation has been recently reviewed to increase reader understanding. The first section addresses compliant incidents and can be publically discussed. The second section provides an update on non-complaint incidents from previous meetings and where an incident has been resolved it can be publically discussed. The third section provides information on non-compliant incidents during the period that are still under investigation and staff are limited in terms of public disclosure of information while the investigation is ongoing and enforcement responses have not been determined. The incident register flow chart and definition of terms provide further detail.

Discussion Council responds to all complaints received with most complaints responded to within four hours. Responses to complaints and non-compliances with rules in the Council’s regional plans, resource consents and the Resource Management Act 1991 are recorded in the Incident Register. Where necessary, appropriate advisory or enforcement actions are implemented. The latter may include issuing an inspection, abatement or infringement notice, or initiating a prosecution. Where an infringement notice or prosecution is possible, details of the incident in the Incident Register and staff comment will be restricted for legal reasons. Further information will be provided at a later date to the Council and for prosecutions a detailed report will be provided, in the confidential section of the agenda.

A summary of incidents for the period 23 May 2015 to 30 June 2015 is attached. The ‘compliant’ incidents are presented first in a table and the ‘non-compliant’ incidents are presented after in a more detailed summary.

A series of graphs are also attached comparing the tracking of the number of incidents between 2013-2014 and 2014-2013, also showing how the incidents are tracking in 2014-2015 in relation to resource type and compliance status. There is also a graphs showing enforcement action taken to date during 2014-2015.

Annual summary Set out below is a summary of the main enforcement and associated activities carried out in 2014/15:

• Council officers visited 1773 dairy farms to inspect effluent treatment systems (100% of all dairy farms in the region), 9 piggeries, and 44 poultry farms. Inspections included measurement of various water quality indicators in the effluent and/or receiving

waters. Re-inspection of 250 farms was necessary due to failure to satisfy the Council's consent conditions or regional plan requirements. The non-compliance rate for failure to meet resource consent conditions was 7.2% for dairy farms and was for relatively minor non-compliances. This is a slight increase over the 6.6% non-compliance rate in 2013/14.

• Council officers inspected 128 minor industrial operations in 2014/2015. ‘Minor’ industries include abrasive blasters, agricultural services, garages, transport operator/truck wash and workshops. Four minor industrial operations were re- inspected due to failure to satisfy the Council's consent conditions or regional plan requirements.

• In 2014/2015, 749 environmental incidents were registered and investigated by Council officers. 29 (4%) related to the marine environment, 411 (55%) to freshwater quality, 271 (36%) to air quality, and 38 (5%) to soil. The total number of incidents was 4% less than in 2013/2014.

• During 2014/2015 Council officers requested 88 letters of explanation from consent holders and others as to why enforcement actions should not proceed as a result of non- compliance. 214 abatement notices were issued in relation to unauthorised incidents, with no appeals pursued against these abatement notices. 102 infringement notices were issued. During the year three prosecutions from 2013/2014 were successfully concluded and one is still pending. The Council resolved to undertake no prosecutions in 2014/2015.

• The Council obtained programme and funding approval for 2014/2015 from Maritime New Zealand for specific oil spill response activities, including training. Some further equipment was purchased and additional oil spill equipment will be purchased for the region over the next 12 months. The Council undertook one complete audit of the oil spill equipment and undertook maintenance three times during the 2014/2015 year.

• The Council organised two marine oil spill response training exercises, in October 2014 (Workshop with oil industry) and in March 2015 (revalidation exercise at Waitara River mouth).

Policy considerations This memorandum and the associated recommendations are consistent with the policy documents and positions adopted by this Council under various legislative frameworks

including, but not restricted to, the Local Government Act 2002, the Resource Management Act 1991 and the Biosecurity Act 1993.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/Attachments Incident Register flowchart and terms explained (document #1081324). Incidents – Agenda graphs as at 8 July 2015 (document #1537657). Incident Summary – compliant incidents 23 May 2015 to 30 Jun 2015 (document #1537511). Incident Summary – updates and non-compliant incidents 23 May 2015 to 30 Jun 2015 (document #1537554).

45 Incident Register 2015 Doc # 1081324

Origin/notification Complaint Entered in Incident Register Self-notification Third party notification TRC Staff monitoring Investigation: TRC Staff notification Field inspection Conversation with consent holder Assessment of monitoring data Entered in IRIS database Gathering information/evidence

Intervention: Non-compliant May issue an abatement notice for something that is likely to have an adverse effect (s17 RMA) but is Action(s) taken include: currently compliant Abatement Notice Consent application Consent change required Compliant Inspection - no inspection notice issued Inspection – inspection notice issued Infringement Notice Interim enforcement order Action(s) taken include: Enforcement order Abatement Notice (intervention) Meeting with Company Consent application No enforcement action – statutory defence Consent change required No enforcement action – insufficient evidence Inspection - no inspection notice issued Phone call Inspection – inspection notice issued Referral to appropriate authority Meeting with Company

None

Not substantiated Recommendations to Council: Phone call Investigation continuing Referral to appropriate authority No further action No further action/costs recovered No further action at this stage Recommendations to Council: No further action at this stage/costs recovered Investigation continuing See separate report No further action No further action at this stage Non-compliant Report to Council Summary in a table of: Compliant Report to Council Date Summary in a table of: Incident/Job number Date Incident type Incident/Job number Source/origin Incident type Alleged responsible party Source/origin Consent Number Alleged responsible party Action taken Consent Number Recommendation Action taken Comments/summary paragraph Recommendation

Terms explained

Origin/Notification:

Complaint Notification of incident received from public.

Self notification Notification of incident received from the responsible party.

Third Party Notification of incident received from third party such as New Notification Zealand Fire, District Council etc.

TRC Staff Notification of incident found during routine compliance monitoring. monitoring

TRC Staff Notification of incident found during unrelated monitoring/field notification work.

Action/s Taken:

14 day Letter A letter was sent requesting an explanation for the non-compliance and why enforcement action should not be considered. The recipient is given 14 days to reply.

Abatement Notice A notice was issued requiring something to be undertaken or something to cease to ensure compliance with Rules in the regional plans, resource consent or Resource Management Act 1991. Notice must be complied with or further enforcement action can be considered.

Consent application A consent application has been received as a result of the investigation.

Consent change During the investigation it was found that a consent change was required required.

Emergency Works Emergency works was allowed under section 330 of the RMA. Often a subsequent resource consent is required.

Enforcement Order An enforcement order has been issued by the Environment Court requiring action to be undertaken or something to cease. Notice must be complied with or further enforcement action can be considered.

Infringement Notice An infringement notice was issued under Section 338(1)(a) of the ($xxx.xx) Resource Management Act 1991 and Councils delegated authority.

Inspection Notice An inspection was undertaken and a notice of advice/instruction was issued to landowner/alleged offender.

Inspection/no notice An inspection was undertaken, however no inspection notice was issued issued as there was no alleged offender/landowner to issue one to (natural event, unsourced etc).

Interim Enforcement An interim enforcement order has been issued by the Environment Order Court requiring action to be undertaken or something to cease. Notice must be complied with or further enforcement action can be considered.

Meeting with A meeting was held with the Company to discuss the incident and Company ways to resolve any issues.

None No action was required.

Not Substantiated The incident could not be substantiated (i.e. it is not likely/possible/probable that the alleged incident could have taken place).

Phone call A phone call was made to the alleged offender/authority.

Prosecution A prosecution is being initiated for this incident.

Referral to The incident was referred to the appropriate authority (District Appropriate Council, Department of Conservation etc). Authority

Recommendations to Council

Investigation Outcome has not been finalised. Investigation is continuing on this continuing incident, information/evidence still being gathered. Further action, including enforcement are being considered and therefore legally all information cannot be reported on this incident at this stage. These incidents will continue to be reported as updates in the following agendas.

No Further Action Investigation is completed, any required enforcement action has been undertaken and no further action is required.

No Further Action Investigation is completed, any required enforcement action has been At This Stage undertaken and further action may be required at a later date.

No Further Investigation is completed, any required enforcement action has been Action/Costs undertaken and no further action is required. Costs will be recovered Recovered from the alleged offender for the investigation.

No further Action at Investigation is completed, any required enforcement action has been this Stage/Costs undertaken and further action may be required at a later date Recovered (reinspection of Abatement Notice etc). Costs will be recovered from the alleged offender for the investigation.

Defences under Sections 340 and 341 of the Resource Management Act 1991

Sometimes no enforcement action is undertaken against an alleged offender for a non- compliant incident as they have a defence under Section 340 of the Resource Management Act 1991 including reasons such as:

- the defendant can prove that he or she did not know, and could not reasonably be expected to have known that the offence was to be or was being committed, or - that he or she took all reasonable steps to prevent the commission of the offence, or - the action or event could not reasonably have been foreseen or been provided against by the defendant.

51 No Further Action Action Further No Recommendation No Further Action Action Further No Inspection - No Notice Issued Action Taken Taken Action Issued

Consent Consent Number Inspection Notice R2/0351-3 Inspection Notice No Further Action Inspection - No Notice No Further Action Inspection Notice No Further Action Alleged Responsible Responsible Alleged Party Council Limited Engineering Limited Genetics Trust Complaint Self-Notification Colin Boyd TAG Oil (NZ) Limited Complaint R2/9550-1 Inspection Notice Complaint Airport FarmTrust Limited R2/5821-2 R2/5280-1 Inspection Notice No Further Action Inspection Notice Civil Airport FarmTrust Limited R2/5280-2.0 Inspection Notice No Further Action No Further Action Complaint Whitaker No Further Action Complaint Complaint NZ Pure Bred Pig Complaint Summitt Holdings Limited R2/2576-2 Inspection Notice Walsh PJ & TL Family No Further Action Source Source Incident Type Incident Black stream - Surrey Road, Tariki Power Fluid discharge - Cheal E Odour - Poultry farm - Bell Block Poultry odour - Henwood Rd - Bell Block WWTPOdour - - Eltham Complaint Silt & sediment - Pararewa - NP Drive South Taranaki District Effluent discharge - Piggery - Midhirst Dairy effluent- Summit Holdings - Bristol Road Cows in stream - Namu Rd - Opunake Dead seal - Ngamotu Beach Complaint Natural Event

709 716 698 700 701 703 704 711 705 708 3301-15- IN/31989 3301-15- IN/31995 3301-15- IN/31964 3301-15- IN/31966 3301-15- IN/31967 3301-15- IN/31971 3301-15- IN/31974 3301-15- IN/31978 3301-15- IN/31972 3301-15- IN/31997 Job Number Number Job / IRIS ID Compliant Incidents for the period 23 May 2015 to 30 Jun 2015 Jun 2015 30 to 2015 May period 23 the for Incidents Compliant Incident Date 23 May 2015 27 May 2015 28 May 2015 28 May 2015 28 May 2015 01 Jun 2015 02 Jun 2015 02 Jun 2015 03 Jun 2015 04 Jun 2015

52 No Further Action Action Further No Action Further No Action Further No Recommendation Inspection Notice No Further Action Issued Issued Issued Action Taken Taken Action

Consent Consent Number R2/8670-0 Inspection Notice No Further Action Inspection Notice No Further Action Alleged Responsible Responsible Alleged Party Limited Firth Industries Ltd R2/0392-3 Inspection Notice Limited No Further Action Complaint Cambrian Engineering Co Complaint Engineering Complaint Graeme & Denise Bridger Complaint Cambrian Natural Event Complaint Inspection Notice Complaint Unsourced No Further Action Complaint Unsourced Inspection - No Notice Co Marx Family Partnership Notification Engineering Complaint Complaint Cambrian Notice - No Inspection SNE HAVN Limited Inspection Notice Notice - No Inspection R2/2687-2 No Further Action Inspection Notice No Further Action Source Source Incident Type Incident - Road Bell Smoke - Corbett Block Oil in stream - Miranda Street, Stratford Odour - Cambrian NP - Engineering Gale - Audrey removal Stone River Waiwhakaiho - reserve Oil on Back Beach - New Plymouth Smoke - Upper Duthie Road, Kaponga Oil spill - Firth Concrete - NP Third Party Burning plastic - Denbigh Road - Midhirst Odour - Cambrian Plymouth New - Engineering Smoke - Raleigh WaitaraSt - Complaint TheresaWilcox

713 719 718 717 722 721 723 724 729 728 3301-15- IN/31999 3301-15- IN/32000 3301-15- IN/31994 3301-15- IN/32038 3301-15- IN/32001 3301-15- IN/32002 3301-15- IN/32004 3301-15- IN/32005 3301-15- IN/32006 3301-15- IN/32040 Job Number Number Job / IRIS ID Compliant Incidents for the period 23 May 2015 to 30 Jun 2015 Jun 2015 30 to 2015 May period 23 the for Incidents Compliant Incident Date 08 Jun 2015 08 Jun 2015 10 Jun 2015 13 Jun 2015 16 Jun 2015 16 Jun 2015 16 Jun 2015 18 Jun 2015 18 Jun 2015 18 Jun 2015

53 No Further Action Action Further No Action Further No Recommendation Issued Issued Action Taken Taken Action R2/5249-2 Inspection Notice No Further Action Consent Consent Number R2/0882-4 Inspection Notice No Further Action R2/9526-1 Inspection Notice No Further Action Inspection Notice No Further Action Inspection Notice No Further Action Alleged Responsible Responsible Alleged Party Council Dreaver Ltd Ltd Self-Notification New Plymouth District Plymouth Self-Notification New Complaint Complaint Unsourced Richard & Sharron Self-Notification Waste Management NZ Complaint Complaint Notice - No Inspection Whiting Edward Complaint Airport FarmTrust Limited R2/5280-2.0 R2/5280-2.0 Inspection Notice Complaint Inspection Notice Unsourced No Further Action No Further Action Complaint Mark Gwerder Farm Burkhart Equipment Notice - No Inspection Inspection Notice No Further Action Source Source Incident Type Incident Sewage overflows - New Plymouth WaitaraOdour - Road, Brixton Silt and sediment - Quarry - Kairau Road, Brixton Odour - Piggery - Midhirst Complaint Waste Management - - Moturoa spill fluid Hydraulic Richard Cooley Odour - Poultry farm - Bell Block Odour - Poultry Farm - Bell Block Discoloured stream - Castle Street, Eltham Dirt discharge- Kaupokonui River- Kaupokonui Beach - Burkhart Smoke Lepperton - Engineering

726 725 727 731 730 734 735 746 739 738 3301-15- IN/32007 3301-15- IN/32009 3301-15- IN/32010 3301-15- IN/32008 3301-15- IN/32024 3301-15- IN/32028 3301-15- IN/32033 3301-15- IN/32042 3301-15- IN/32023 3301-15- IN/32025 Job Number Number Job / IRIS ID Compliant Incidents for the period 23 May 2015 to 30 Jun 2015 Jun 2015 30 to 2015 May period 23 the for Incidents Compliant Incident Date 20 Jun 2015 20 Jun 2015 21 Jun 2015 22 Jun 2015 22 Jun 2015 22 Jun 2015 25 Jun 2015 25 Jun 2015 26 Jun 2015 26 Jun 2015

54 Recommendation Action Taken Taken Action Consent Consent Number Alleged Responsible Responsible Alleged Party Complaint Complaint Airport FarmTrust Limited R2/5280-2.0 Inspection Notice Complaint Remediation (NZ) Limited No Further Action Foreman Farms Inspection Notice R2/5248-2.0 Inspection Notice No Further Action No Further Action Source Source Incident Type Incident Odour - Poultry farm - Bell Block Odour/mercaptain - Remediation - Uruti Odour - piggery effluent - Road Davis

737 740 743 3301-15- IN/32034 3301-15- IN/32026 3301-15- IN/32032 Job Number Number Job / IRIS ID Compliant Incidents for the period 23 May 2015 to 30 Jun 2015 Jun 2015 30 to 2015 May period 23 the for Incidents Compliant Incident Date 27 Jun 2015 29 Jun 2015 29 Jun 2015

55 Recommendation No Further Action No Further Action No Further Action as undertaken and w Parade to Bell Block. Block. Bell to Parade w ernel and moved the palmkernel operation Action Taken Infringement Notice ($1,000) Infringement Notice ($1,000) Infringement Notice ($1,000) 14 Day Letter Infringement Notice ($1,000) 14 Day Letter No Enforcement Action - Insufficient evidence and accepted. Consent Number R2/8333-0 Inspection Notice R2/8333-0 Inspection Inspection Notice Alleged Responsible Responsible Alleged Party Limited (9982) (NZ) Limited Viterra (33569) (33569) Source Source Complaint Transport Bulk Colin Boyd (3013) & Complaint Freight Inspection Notice Complaint (NZ) Limited Viterra Incident Type Incident Burning - Inglewood Inglewood - Parts Loader Odour - Palm Kernel Store - New Plymouth Odour - ViterraWhitely - Street, New Plymouth liant incidents from previous agendas agendas previous from liant incidents

606 612 638 Job Number Number Job / IRIS ID 3301-15- 3301-15- 3301-15- IN/31768 IN/31789 IN/31833 A complaint was received regarding open air burning from an industrial premise on Mountain Road, Inglewood. Investigation founthatd unauthorised materials Several complaints were received regarding odour being emitted from a grain store on Ocean View Parade, New Plymouth. Investigation found that objectionable A complaint was received regarding odour from a palmkernel storage shed on Ocean View Parade, New Plymouth. An odour survey w objectionable odour foundwas beyond the boundary of the site. The Company hasmoved their palmkernel operation from Ocean Vie were being burnt on site. A resource consent is required for burning on industrial sites. A letter of explanation was received odour was discharging beyond the boundary of the site at the time of inspection. The Company had emptied the building of palm k Updates of Non-Comp Incident Date 23 Mar 2015 Update Comments: 25 Mar 2015 Update Comments: site.Thea newstore to on OceanView Parade willfor be usedstorage ofgrains. 10 Apr 2015 Update Comments:

56 Recommendation No Further Action/Costs Recovered Investigation Continuing No Further Action/Costs Recovered urce consent conditions at ne Road, Okato, it was found that rmwater drain. Tegel staff were environmental effects downstream. operator of the site. He explained that he had e. xplanation fromTegel was received and Action Taken 14 Day Letter 14 Day Letter 14 Day Letter No Enforcement Action - Insufficient evidence Consent Number R2/3470-3 Inspection Notice R2/3470-3 Inspection Notice R2/2333-3 Inspection Notice R2/4735-2 Inspection Alleged Responsible Responsible Alleged Party Tegel Foods Limited (9844) Taranaki Sawmills Limited (10015) Corlett Trucking Limited (4302) t works to a stock truck effluent disposal system, at Upper Pito Source Source TRC Staff Compliance Monitoring TRC Staff Compliance Monitoring TRC Staff Compliance Monitoring Incident Type Incident Breach of consent - Tegel Block Bell Road, - Paraite Suspended Solids breach - Taranaki Sawmills Ltd - Bell Block Stock truck effluent - Corlett Trucking - Upper Road Pitone liant incidents from previous agendas agendas previous from liant incidents

665 684 694 Job Number Number Job / IRIS ID 3301-15- 3301-15- 3301-15- IN/31907 IN/31943 IN/31915 During routine monitoring it was found that organic matter in and around the bird cage storage area was discharging into a sto During analysis of stormwater samples, taken on 7 May 2015, it was found that suspended solids were 230 g/m3 in breach of reso During a monitoring inspection undertaken to assess improvemen advised of the untidy drain and likely discharge and action takenwas to immediately clean up the organic matter. A letter of e accepted.Works have been undertaken to convert the storm drain water to a sump and pump all discharges to sewer. There were no 07 May 2015 Update Updates of Non-Comp Incident Date 04 May 2015 Update Comments: Comments: Comments: the effluent tank had overflowed and it was likely that the discharge had reached an unnamed tributary. Heavy rain had occurred the night before the inspection and no stormwater diversion was present on the system. A letter of explanation was received and accepted. A meeting was held with the only just taken over the site and was in the process of upgrading the system and transferring the resource consent into his nam Hudson Road, Bell Block.letterA ofexplanation was received. Enforcementactionisconsidered. being 08 May 2015 Update

57 Recommendation No Further Action Investigation Continuing at inert materials and some imitshad occurredat at a site d requiring the unauthorised materials be s were complied with. Reinspection found Action Taken Abatement Notice Inspection - No Notice Issued Abatement Notice 14 Day Letter Consent Number Inspection Notice R2/3470- 4.0 Alleged Responsible Responsible Alleged Party (52050) Tegel Foods Limited (9994) Source Source Complaint Taranaki Naturist Club TRC Staff Compliance Monitoring Incident Type Incident Dumping of rubbish - Waiongana Stream - Brixton Breach of consent - Tegel - Bell Block liant incidents from previous agendas agendas previous from liant incidents

676 691 Job Number Number Job / IRIS ID 3301-15- 3301-15- IN/31923 IN/31948 A complaint was received regarding the dumping of rubbish on the bankWaiongana of the Stream, Brixton. Investigation found th During the analysis of samples, taken during routine monitoring, it was found that a minor contravention of suspended solids l Updates of Non-Comp Incident Date 13 May 2015 Update Comments: unauthorised materials had been placed on the bank of the streammeasure as a to prevent erosion. An abatement notice was issue removed. Reinspection found that the abatement notice beingwas complied with at the time of inspection. 15 May 2015 Update Comments: Paraite Road, Bell Block. A meeting was held with the Company and solutions to the problem occur are beingwill implemented. compliance Further ascertain monit to oring during routine monitoring. An abatement notice issuedwas requiring works to be undertaken to ensure resource consent condition the abatement notice beingwas complied with.

58 Recommendation Continuing Investigation Continuing Investigation Continuing on found that the spill had that the consent limit for nt conditions. Level on consent ered. ncil is concerned about the continued non- ed 1,118 mg/l on 15 May 2015 and Action Taken Action 14 Day Letter 14 Day Letter fter discussion with staff clean up initiatedwas and Consent Consent Number R2/4657-2 Inspection Notice R2/4657-2 Inspection Inspection Notice Alleged Responsible Responsible Alleged Party Taranaki Galvanizers Limited (27836) (52132) Source Source Self-Notification Fonterra Limited (50606) R2/1450-2 14 Day Letter TRC Staff Investigation Compliance Monitoring Complaint Field Torque Taranaki Incident Type Incident Consent breach - Fonterra Whareroa - Hawera Consent non-compliance - Suspended solids - Taranaki Galvanizers Torque - Field Spill Oil Taranaki - Startford

742 749 710 3301-15- IN/32027 3301-15- IN/32045 3301-15- IN/31979 Job Number Number Job / IRIS ID Self-notification receivedwas that during analysis of samples (taken the by Company on 15 May and 23 May 2015), it was found During routine monitoring it was found that the level of suspended solids in stormwater discharge was breaching resource conse A complaint was received regarding a hydrocarbon sheen discharging frommachinery a maintenance yard in Stratford. Investigati suspended solids was contravened on both occasions. The consented limit for suspended solids is 1,000 mg/l and the results show 1,294 mg/l on 23 May 2015. These non-compliances are further to non-compliances reported in a previous incident (IN/31930). Cou compliances and a letter requesting explanation has been sent. Enforcement action is being considered. May 201521 Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date May 201515 Comments: Comments: 100 g/m3, level in sample was 440 g/m3. A letter seeking explanation was sent. Enforcement action is being considered. Jun 201504 Comments: occurred as a result of the unloading of a damaged tractor on site. At the time of inspection no clean up had been initiated. A hydrocarbons were contained and recovered. No adverse effects found were in the environment. Enforcement action is being consid

Recommendation Investigation Continuing Continuing No Further Action/Costs Recovered perty, at Hurford Road, New ound that a minor exceedance in ary to foam, at Derby Road, und downstream.monitoringFurther will be nd sediment controls have been put in place on ent action is being considered.

Action Taken Action 14 Day Letter No Enforcement Action - evidence Insufficient

Consent Consent Number R2/7407-1 Inspection Notice R2/7407-1 Inspection Alleged Responsible Responsible Alleged Party Colin Boyd (3013) R2/6900-2 Inspection Notice Todd Energy Limited (22566) Source Source

TRC Staff Compliance Monitoring Complaint Aude Martin (52059) TRC Staff Compliance Monitoring Inspection Notice Investigation Incident Type Incident Foaming unnamed - Derby - Boyd tributary Road Dam - Martin - Hurford Road Exceedance of suspended soilds - wellsite, Mangahewa-D Inglewood

745 733 697 3301-15- IN/32041 3301-15- IN/32014 3301-15- IN/31963 Job Number Number Job / IRIS ID During routine monitoring it was found that the discharge from a site used to store drilling mud was causing an unnamed tribut A complaint was received concerning a dam on a neighbouring property which was causing water to back onto the complainants pro During analysis of samples taken during routine monitoring, at the Mangahewa-D wellsite, Rimutauteka Road, Inglewood, it was f Inglewood. At the time of inspection the consent holder undertook works to cease the discharge. This stopped the tributary fromfoaming. The contaminated storm water was discharged onto land to prevent further effects on the unnamed tributary. A letter requesting an explanation was sent. Enforcem Jun 201525 Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date Jun 201523 Comments: Comments: May 201515 Plymouth. Investigations found that a dam outlet had been filled in, causing the flooding. An abatement notice will be issued. Comments: the suspended solid levels in the skimmer pit discharge had occurred. Discussions were held with the Company and further silt a site. The Company have also engaged a silt and sediment expert to address the issue long term. No environmental effects fo were undertaken during routine monitoring to ascertain compliance.

60 Recommendation No Further Action At This Stage No Further Action/Costs Recovered No Further Action/Costs Recovered levels at the New PlymouthWaste wasaccepted. outlined It was the that ated prior to being discharged from site. A Action Taken Action Abatement Notice No Enforcement Action - Statutory defence 14 Day Letter No Enforcement Action - evidence Insufficient Consent Consent Number R2/0882-4 R2/0882-4 Notice R2/5248-1 Inspection Alleged Responsible Responsible Alleged Party Council (9565) (19623) Auto Salvage (52126) R2/8552-0 Inspection Notice Source Source Self-Notification New Plymouth District Plymouth Self-Notification New Complaint Limited Farms Foreman TRC Staff Compliance Monitoring Incident Type Incident Consent breachWWTP - - NP Odour - Piggery - Mountain Road, Inglewood Hydrocarbon discharge- Auto Salvage - NP

706 699 702 IN/31973 3301-15- 3301-15- IN/31965 3301-15- IN/31968 Job Number Number Job / IRIS ID Self-notification receivedwas from Plymouth New District Council regarding a consent breach in relation to elevated chlorine A complaint was received about odour emanating from a piggery on Mountain Road, Inglewood. Investigation found noticeable odours at the complainants During routine monitoring it was found that a separator system not was installed at a auto salvage site in New Plymouth. Discu ssionsthe held were with occupier property. An odour survey was undertaken on SH3A and constant noticeable odours with intermittent objectionable odours foundwere to be occurring. A letter of explanation was received and accepted. Jun 201502 during the inspection. An abatement notice was issued requiring works to be undertaken to ensure contaminated stormwater is tre Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date May 201527 Comments: WaterTreatment Plant at Rifle Range Road, New Pymouth. An incident report was received from Plymouth New District Council and likely cause for the elevated levels was mechanical failure. The contingency plan was complied with. May 201529 Comments: Comments: reinspection will take place after 4 October 2015.

61 Recommendation No Further Action/Costs Recovered No Further Action/Costs Recovered Action/Costs Recovered st side) to the Methanex Motonui CDS units, sealing of log yards and and thereadverse no were environmental no further action deemedwas necessary. The Action Taken Action portunity on 8 June 2015. Given the measures that No Enforcement Action - Statutory defence No Enforcement Action - Statutory defence Consent Consent Number R2/2339-3 14 Day Letter No Further R2/3399-2 R2/0198-2 Alleged Responsible Responsible Alleged Party New PlymouthNew District Council (9565) Limited (10050) Limited Taranaki Port (26226) Source Source TRC Staff Compliance Monitoring Self-Notification Methanex New Zealand TRC Staff Compliance Monitoring Incident Type Incident Unauthorised discharge - - NP Centre Aquatic Potential leak from waste water pipeline - Methanex Motonui Consent breach - Port Taranaki - NP

750 707 748 IN/31970 3301-15- 3301-15- IN/31975 3301-15- IN/32044 Job Number Number Job / IRIS ID During routine monitoring it was found that a discharge of swimming pool water, from the Todd Energy Aquatic Centre, into the Tasmancontravention in Sea was Self-notification received was concerning area possibly a wet indicatinga bursttreated wastewaterpipeline adjacent (southwe During analysis of samples taken during routine monitoring (on 4 June 2015), it foundwas that the The consent limit contravened. for suspendedwas solids of resource consent conditions. The resource consent condition allows for the discharge within two hours either side of high ti de. At 3.30pm four it was hours outside of that limit. A letter of explanation was received and accepted. No environmental impacts were found as a result of the discharge. Jun 201502 consented limit is 100mg/l and the results showed 220 mg/l. Port staff advised that between 1 June to 7 June 2015 two log vessels were at the Port back-to-back, during which time Port staff unable were to clean up the log foryards safety reasons. The log yards were thoroughly cleaned at the first op Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date Jun 201502 Comments: Comments: plant. Investigation found that a pipeline had leaked and treated wastewater had discharged to land only. The pipe repairedwas effects. Jun 201504 Comments: the Port Company have implemented in order to reduce suspended solids concentrations in stormwater discharges (installation of implementation of thorough cleaning procedures) and the safety implications relating to clean up during log vessel operations, suspended solids limit has been discussed with the Port Company. A change in consent condition might be required in future.

62 Recommendation No Further Action/Costs Recovered No Further Action/Costs Recovered Action/Costs Recovered nto the Rum Keg Creek at the need for emergency repair. atere Road, New Plymouth. he repair work and adverse effects to ical failure. Immediate repairs to the pump Action Taken Action No Enforcement Action - Statutory defence Abatement Notice Consent Consent Number R2/5249-2 Inspection Notice R2/5249-2 Inspection Notice R2/4475-2 Inspection R2/0882-4 Inspection Notice No Further Alleged Responsible Responsible Alleged Party Genetics Limited (36880) Katere Surface Coatings Limited (20564) Council (9565) Source Source Complaint NZ Pure Bred Pig TRC Staff Compliance Monitoring District Plymouth Self-Notification New Incident Type Incident - piggery overflow- Sump Midhirst Katere Surface Coating - Breach of consent - New Plymouth - NPDC main rising Sewer - NP

714 712 715 3301-15- IN/31990 3301-15- IN/31988 3301-15- IN/31991 Job Number Number Job / IRIS ID A complaint was received concerning pig effluent overflowing a sump and discharging onto land where it may have been flowing i During routine monitoring it was found that an abrasive blasting site was not complying resourcewith consent conditions, on K Block and Bell at leaking, main rising sewer Mangati the concerning Council District Plymouth New by received was Notification

Midhirst. Investigation found that effluent from a sumpwas flowing onto land and ponding. The discharge was a result ofmechan were undertaken and the effluent was pumped back into the system. No effluent was found to be discharging to any waterbody. Jun 201508 NPDC undertook repairs under emergency works provisions in the Resource Management Act 1991. Monitoring was undertaken during t the environment were minimised. Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date Jun 201506 Comments: Comments: Comments: Abatement Notice EAC-20798 was issued requiring that all special conditions of resource consent are complied with at all times. Reinspection found that the abatement notice was being complied with at the time of inspection. Jun 201510

63 Recommendation At This Stage No Further Action At This Stage No Further Action At This Stage/Costs Recovered s and other household rubbish efence emergency was declared in ing works to be undertaken to ensure uth Taranaki District Council were Council District Taranaki uth lows. Inspectionlows. notices were issuedtothe rred across the region. Various companies and and companies Various region. the across rred Action Taken Action (16 issued) Abatement Notice Consent Consent Number R2/0720-4 Inspection Notice R2/0720-4 Inspection Alleged Responsible Responsible Alleged Party Whitaker Civil Engineering Limited (14442) Source Source TRC Staff Compliance Monitoring Complaint Unsourced (9768) Self-Notification Natural Event (10430) Inspection Notice EmergencyWorks Notices No Further Action Incident Type Incident Consent breach - WhitakersWaiwhakaiho - Road Dumped Rubbish- Rakaupiko Road FloodingWeather - event - Taranaki wide

736 720 747 3301-15- IN/32015 3301-15- IN/31996 3301-15- IN/32031 Job Number Number Job / IRIS ID During analysis of samples taken during routine monitoring it was found that the quarry was not operating within resource consent conditionsWaiwhakaiho at A complaint was received regarding rubbish being dumped over a bank at Rakaupiko Road, Patea. Inspection found that television Due to an extreme rainfall event in the Taranaki region causing severe flooding in some areas throughout the region, a civil d Taranaki. As a result of this heavy rainfall/flooding, many slips, road blockages and displacement of culverts and bridges occu landowners contacted this Council regarding emergency works required to open roads and reinstate bridges, culverts and stream f affected parties stating that the works allowed were by Section 330(B) of the Resource Management Act 1991 (civil defence emerg ency works) and outlining the works to be undertaken and the timeframes formajority the of the works. Road, New Plymouth. Analysis found that suspended solids limits had been exceeded. Abatement Notice EAC-20801 was issued requir Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date Jun 201510 Comments: that the consent conditions are met. Reinspection will be undertaken after 3 August 2015. Jun 201511 Comments: Comments: had been dumped over the bank from Rakaupiko Road. The rubbish inertwas and no immediate threat to water quality was found. So contacted and informed of the rubbish and they undertook to clean up the area. Jun 201522

64 Recommendation No Further Action At This Stage No Further Action At This Stage ound that during the recent flood tion. An abatement notice was issued p to be removed from the stream bank. dvised of the matter. They will assess if the Action Taken Action Abatement Notice Abatement Notice Consent Consent Number Inspection Notice Inspection Alleged Responsible Responsible Alleged Party (33647) Source Source Complaint Unsourced (9768) Complaint Aaron Bryce Harvey Inspection Notice Complaint No Further Action Robert Cartwright (31998) R2/2630-1 Inspection Notice Incident Type Incident Vegetation in Stream - New Plymouth Silage wrap - Mangahia Stream - Mokau Road Silage wrap - Makara Stream - Kaimata

732 741 744 3301-15- IN/32043 3301-15- IN/32029 3301-15- IN/32030 Job Number Number Job / IRIS ID A complaint was received regarding vegetation obstructing the flow in a stream on Junction Street, New Plymouth. Investigation found that it appeared that there A complaint was received regarding silage wrap washed into and down the Mangahia Stream at Mokau Road. Investigation found the likely source for the A complaint was received regarding silage wrap discharging into the Makara Stream at Kaimata Road North, Kaimata. Inspection f could be vegetation obstructing the stream flow. New Plymouth District Council were contacted, as the adjacent landowner, and a discharge fromwas a historical dumping area on the stream bank. Abatement Notice EAC-20806 was issued requiring the silage wra Non-Compliant incidents for the period 23 May 2015 to 30 Jun 2015 2015 Jun 30 2015 to May 23 period the for incidents Non-Compliant Incident Date Jun 201522 Comments: vegetation needs to be removed. Jun 201524 Comments: Reinspection will be undertaken after 30 September 2015. Jun 201530 Comments: event the Makara Stream had breached it banks and carried silage wrap down stream which had become entrained in riparian vegeta requiring the silage wrap to be removed. Reinspection will be undertaken after 14 July 2015.

Agenda Memorandum

Date 21 July 2015

Memorandum to Chairperson and Members Consents and Regulatory Committee

Subject: Prosecution update – Fonterra Sentencing Decision

Item: 5

Approved by: A D McLay, Director Environment Quality

B G Chamberlain, Chief Executive

Document: 1537601

Purpose The purpose of this memorandum is to update Members on the prosecution of Fonterra for its part in a breach of section 15(1)(c) of the Resource Management Act 1991(RMA). Odorous compounds were intermittently discharged into the atmosphere, from Eltham Wastewater Treatment Plant, between 6 March 2014 and 16 May 2014.

Background

The incident report was considered by the Chief Executive, acting under delegated authority from the Council, and the decision to prosecute was presented to Council for information purposes. The Council took legal advice from two experienced resource management enforcement lawyers before initiating the prosecution.

Incident

In summary, the prosecution relates to South Taranaki District Council (STDC) receiving butter milk and milk from Fonterra, during peak milk production in late 2014, and storing and treating it in a disused EADER facility at the Eltham Wastewater Plant site. Intermittent offensive and objectionable odour arose from the decomposing butter milk in 2014 and affected neighboring residents in Eltham over a prolonged period.

STDC pleaded guilty and were sentenced in November 2014 and received a fine of $115,000. The early guilty plea reduced the fine by 25 %. The Judge’s sentencing notes were presented to this Committee on 3 February 2015.

Fonterra pleaded not guilty and a defended hearing was held in New Plymouth late in June 2015.

It is this Council’s practice following legal advice to prosecute all alleged offenders in the causal chain who have contributed to the breach of the RMA. An example of this is the

Ravensdown Fertiliser Co-operative Ltd, AA Contracting Ltd and G Blackstock prosecution in 2011, which arose following a significant fish kill in the lower Mangaone Stream.

Prosecution outcome

On 2 July Judge Dwyer provided a verbal decision and convicted Fonterra on the charge and also decided there were no defences under the RMA against prosecution.

Judge Dwyer’s written sentencing decision became available on 14 July and is attached. It provides his assessment of the evidence and the rational for the decision reached.

Sentencing is scheduled for 3 August 2015 and at that time the Judge will provide further comment on the offending.

Recommendation That the Taranaki Regional Council: 1. receives this report and notes the successful outcome of the Council’s enforcement action against Fonterra under section 15(1)(c) of the Resource Management Act 1991.

Legal considerations This memorandum and the associated recommendations comply with the appropriate statutory requirements imposed upon the Council.

Appendices/attachments Document #1539681 – Fonterra – Oral decision of Judge B P Dwyer – 2 July 2015.

67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Agenda reports

Consents and Regulatory Committee, July 2015

Item 3: Consent monitoring reports

Irrigation compliance (1 MB)

Taranaki Thoroughbred Racing groundwater abstraction (570 KB)

Tawhiti Catchment (2 MB)

Dow AgroSciences (2.1 MB)

New Plymouth Wastewater Treatment Plant marine outfall and sludge lagoon (4.7 MB)

Greymouth Petroleum Kaimiro-A hydraulic fracturing (1.3 MB)

Tag Oil Cheal-C hydraulic fracturing (1.1 MB)

Todd Energy Mangahewa-C hydraulic fracturing (1.5 MB)