RESOURCE CONSENT ACTIVITIES FOR MAY 2013 THE FACTS AND FIGURES Interesting Facts May received comparison: 1. The year continues to be busy for 11-12 year 10-11 year 09-10 year the Consents Team. 59 69 37 2. During May the Consents Team has May resolved comparison: received 40 applications and 11-12 year 10-11 year 09-10 year granted 47 consents. 67 59 53 3. As at 31 May 2013 the consents team had 167 applications to process compared to 175 applications that were reported last Environment Committee. 4. The consent activity continues to be steady and we expect that trend to continue as we are nearing the end of the financial year. 5. The team is continuing to progress matters on the Territorial Authority Wastewater Treatment Plants and industry applications, a summary of which is provided later in this item. NOTIFIED APPLICATIONS IN MAY 2013 6. In May we publicly notified the suite of applications received from Tararua District Council relating to the Woodville Wastewater Treatment Plant. Submissions closed on 11 June 2013 and a total of three submissions were received. PRE-HEARINGS HELD IN MAY 2013 7. A joint pre-hearing meeting for the suite of Fonterra Co-Operative Group applications relating to the Pahiatua factory expansion was held on Thursday 16 May 2013. This joint pre-hearing covered issues raised in submissions on both the Horizons suite of applications and the Tararua District Council application. HEARINGS HELD IN MAY 2013 8. The reconvened hearing for the application made by Rangitikei District Council relating to the Hunterville Wastewater Treatment Plant was held on 13 May 2013. The hearing was adjourned as the Hearing Panel required additional information around the discharge frequency and required a statement from Iwi with regards to their submission. On receipt of these items the Hearing was formally closed on 30 May 2013 and we await the decision. 9. The hearing schedule remains busy with the preparation for the Fonterra Pahiatua Expansion hearing being held in June, and the Feilding Wastewater Treatment Plant, Mt Munro Windfarm, and NZ Energy hearings. FEILDING WASTEWATER TREATMENT PLANT 10. The current consent remains on hold. The applicant is currently securing additional land for irrigation. The applicant had held a meeting with submitters and a new consent including additional land for irrigation is expected in the middle of the year and is likely to be re-notified. PALMERSTON NORTH CITY SEWAGE TREATMENT PLANT CONSENT REVIEW 11. Members will be aware of the progress with the PNCC STP review of consent conditions. Attached as Appendix Two to this item is the timetable for the review and a letter received from PNCC requesting an extension to the notification date. 12. The reasons for the extension are outlined in the letter at Appendix Two which can be summarised as follows: a. The monitoring investigations have (recently) confirmed that treating phosphorous alone to control peryphyton growth is insufficient. Nitrogen is also a limiting factor at low flows. b. Mitigation of the nitrogen influence may require considerable financial investment. c. Before committing to a proposal to address the effects of the discharge on periphyton and hence on macroinvertebrates, this would be required when the review goes to hearing commissioners anyway. PNCC seeks to reassure itself that the monitoring investigation conclusions are founded on a sound scientific platform and therefore PNCC will peer review these findings. d. Any peer review will not be completed before the end of August. e. PNCC then require some time to put forward a response to the proposed review conditions based on the findings of the peer review. 13. On that basis we advise that public notification of the review of conditions will now occur mid October 2013. OBJECTION ON COSTS 14. No cost objections have been received. APPEALS 15. The table below outlines the consents currently under appeal. Applicant Status A significant amount of work is being undertaken by Genesis Power Limited the various parties to resolve these appeals out of (T/A Genesis Energy) court. Mediation has taken place and on-going Castle Hill Wind Farm negotiations are occurring to amend conditions, with Consents 105949-105959 the hope of resolving the appeals via a consent order out of court. Fonterra has raised concern over the validly of the appellant’s case and has requested a security Fonterra Co-Operative Group against costs of $30,000. The judge agreed and Pahiatua Diary Factory ordered a payment of $30,000 or the appeal would be struck out. The appellant has made this payment Consents 104660, 106045- and so the appeal will be heard in court in 106046 August/September. Evidence from Fonterra and Council has been circulated and evidence from the appellant is due mid June. With Environment Court A pre-mediation meeting was held 15 November 2012. This was not successful. Judicial sitting with the Judge has occurred. Horowhenua District Council Appeal is set down for court mediation on Shannon Wastewater 15 March 2013. HDC have shown good faith Treatment Plant and purchased 85 hectares of land for a land Consents 105893-105894, discharge. They are consulting with their 105891-105892 community over the cost of a land discharge but have clearly committed to at least part of the wastewater going to land for the long term. It is hopeful that this positive step will go some way to alleviating the appellants concerns Richard Munneke POLICY AND CONSENTS MANAGER APPENDIX ONE MAY 2013 – OVERVIEW OF CONSENTS LODGED AND RESOLVED Graph 1 reflects the number of consents lodged and resolved in May 2013. Graph 1. Lodged and resolved consents in May 2013. Graph 2 provides a comparison of the number of consents lodged in May 2013. Graph 2. A comparison of the consents lodged in May for the years 2007-13 Graph 3 provides a comparison of the number of consents resolved in May each year from 2007 to 2013. Graph 3. A comparison of the consents resolved in May for the years 2007-13 Graph 4 provides a summary of the type of consents that were granted in May 2013. Graph 4. A summary of the type of consents granted in May 2013 PNCC Action Plan Investigations and Preparation for Consent Review Consent Review Process as advised Formalise Notification Submissions by Horizons RC conditions of Review close End March and 30 July PNCC’s response to proposed conditions 30 June Task Dec 2012 Jan 2013 Feb Mar April May June July 1 Changes to DRP as effluent mixes with river & lab results 2 Periphyton biomass monitoring & lab results 3 Sorption/Desorption investigation & lab results 4 Bioassay of nutrients & lab results 5 Analysis & documentation of results 6 Preliminary groundwater studies - possible pond seepage 7 Current treatment process improvement investigations 8 Consent condition implications & advice 9 Identification & analysis of options for improving ww quality 10 PNCC Response to proposed conditions 11 Preparation of evidence for hearing 12 Consultation with stakeholders January 2013 - DM 921044 APPENDIX THREE LIST OF APPLICATIONS FOR TERRITORIAL AUTHORITY SEWAGE TREATMENT PLANT DISCHARGES When Common Receiving Applicant consent Current Status Proposed Action Name Environment expired Ruapehu District Taumarunui 1/03/2003 Whanganui River All submissions have been resolved. Decision to be granted by end of July 2013. Council WWTP RDC lodged a new application on 18 January 2012 however We are currently awaiting a revised application. With the Ruapehu District Rangaataua Mangaehuehu 20/12/2005 it was considered deficient under section 88 of the Act and resolution of Taumaranui WWTP consent, staff will work with Council WWTP Stream returned to the applicant. RDC to get a new application lodged later this year. TDC will be lodging a new application for the long term Tararua District Pahiatua Town Creek / Application has been notified and there are outstanding discharge of treated wastewater. This is to include proposed 30/06/2005 Council WWTP Mangatainoka River submissions. upgrades. Progress continues with their staff to get this application lodged. Tararua District Woodville Application has been notified, submission period closes on 31/03/2011 Mangaatua Stream Consider submissions and appropriate next steps. Council WWTP 12 June 2013. The application is still on hold. RDC are currently designing Once the Hunterville and Taihape applications have been Rangitikei the proposed upgrades to the plant. RDC are also resolved which is expected to be by mid this year, work will Bulls WWTP 7/10/2006 Rangitikei River District Council discussing the option of including Riverlands and Ohakea begin on preparing a new application for the Bulls WWTP discharges. which is expected to be lodged later this year.. Rangitikei Hunterville All information has been heard. The hearing has been 30/04/2007 Porewa Stream A decision is expected by 21 June 2013 District Council WWTP closed and a decision is expected. Following resolution of the Hunterville WWTP hearing, Rangitikei The application has been notified and submissions closed. Taihape WWTP 27/04/2011 Hautapu River attention will be focused on getting submitters agreement or District Council Work is continuing with submitters on consent conditions. proceeding to a hearing. The applicant is preparing a revised application which Manawatu The application is currently on hold. The applicant is in the Feilding WWTP 1/06/2009 Oroua River includes additional land for wastewater irrigation. A revised District Council process of acquiring additional land. application is expected to be lodged in June.. When Common Receiving Applicant consent Current Status Proposed Action Name Environment expired The applicant is proposing to pipe the discharge to the PNCC Palmerston Longburn WWTP. Landowner settlements are required before this can North City 31/05/2010 Manawatu River The application is on hold. WWTP occur. It is proposed to allow PNCC time to acquire these Council settlements.