14.2 Policies

Policy 14-1: Consent decision-making for discharges^ to water^

When making decisions on resource consent^ applications, and setting consent conditions^, for discharges^ of water^ or contaminants^ into water^, the Regional Council must specifically consider:

the objectives and Policies 5-1 to 5-5 and 5-9 of Chapter 5, and have regard to:
avoiding discharges^ which contain any persistent contaminants^ that are likely to accumulate in a water body^ or its bed^,
the appropriateness of adopting the best practicable option^ to prevent or minimise adverse effects^ in circumstances where:
1. it is difficult to establish discharge^ parameters for a particular discharge^ that give effect to the management approaches for water^ quality and discharges^ set out in Chapter 5, or
2. the potential adverse effects^ are likely to be minor, and the costs associated with adopting the best practicable option^ are small in comparison to the costs of investigating the likely effects^ on land^ and water^, and
the objectives and policies of Chapters 2, 3, 6, 9 and 12 to the extent that they are relevant to the discharge^.

Policy 14-2: Consent decision-making for discharges^ to land^

When making decisions on resource consent^ applications, and setting consent conditions^, for discharges^ of contaminants^ onto or into land^ the Regional Council must have regard to:

the objectives and policies of Chapter 5 regarding the management of groundwater quality and discharges^,
where the discharge^ may enter surface water^ or have an adverse effect^ on surface water^ quality, the degree of compliance with the approach for managing surface water^ quality set out in Chapter 5,
avoiding as far as reasonably practicable any adverse effects^ on any sensitive receiving environment^ or potentially incompatible land^ uses, in particular any residential buildings, educational facilities, churches, marae, public areas, infrastructure^ and other physical resources of regional or national importance identified in Policy 3-1, wetlands^, surface water bodies^ and the coastal marine area^,
the appropriateness of adopting the best practicable option^ to prevent or minimise adverse effects^ in circumstances where:
1. it is difficult to establish discharge^ parameters for a particular discharge^ that give effect to the management approaches for water^ quality and discharges^ set out in Chapter 5,
2. the potential adverse effects^ are likely to be minor, and the costs associated with adopting the best practicable option^ are small in comparison to the costs of investigating the likely effects^ on land^ and water^,
avoiding discharges^ which contain any persistent contaminants^ that are likely to accumulate in the soil or groundwater, and
the objectives and policies of Chapters 2, 3, 6, 9 and 12 to the extent that they are relevant to the discharge^.

Policy 14-3: Industry-based standards

The Regional Council will examine on an on-going basis relevant industry-based standards (including guidelines and codes of practice), recognising that such industry based standards generally represent current best practice, and may accept compliance with those standards as being adequate to avoid, remedy or mitigate adverse effects^ to the extent that those standards address the matters in Policies 14-1, 14-2, 14-4 and 14-5.

Policy 14-4: Options for discharges^ to surface water^ and land^

When applying for consents and making decisions on consent applications for discharges^ of contaminants^ into water^ or onto or into land^, the opportunity to utilise alternative discharge^ options, or a mix of discharge^ regimes, for the purpose of mitigating adverse effects^, applying the best practicable option, must be considered, including but not limited to:

discharging contaminants^ onto or into land^ as an alternative to discharging contaminants^ into water^,
withholding from discharging contaminants^ into surface water^ at times of low flow, and
adopting different treatment and discharge^ options for different receiving environments^ or at different times (including different flow regimes or levels in surface water bodies^).

Policy 14-5: Management of intensive farming land^ uses

In order to give effect to Policy 5-7 and Policy 5-8, intensive farming land^ use activities affecting groundwater and surface water^ quality must be managed in the following manner:

The following land uses have been identified as intensive farming land^ uses:
1. Dairy farming*
2. Commercial vegetable growing*
3. Cropping*
4. Intensive sheep and beef farming*
The intensive farming land^ uses identified in (a) must be regulated where:
1. They are existing intensive farming land^ uses, in the targeted Water Management Sub-zones* identified in Table 14.1.
2. They are new (ie., established after the Plan has legal effect¹) intensive farming land^ uses, in all Water Management Sub-zones* in the Region.
Nitrogen leaching maximums have been established in Table 14.2.
Existing intensive farming land^ uses regulated in accordance with (b)(i) must be managed to ensure that the leaching of nitrogen from those land^ uses does not exceed the cumulative nitrogen leaching maximum* values for each year contained in Table 14.2, unless the circumstances in Policy 14-6 apply.
New intensive farming land^ uses regulated in accordance with (b)(ii) must be managed to ensure that the leaching of nitrogen from those land^ uses does not exceed the cumulative nitrogen leaching maximum* values for each year contained in Table 14.2.
Intensive farming land^ uses regulated in accordance with (b) must exclude cattle from:
1. A wetland^ or lake^ that is a rare habitat*, threatened habitat* or at-risk habitat*.
2. Any river^ that is permanently flowing or has an active bed* width greater than 1 metre.
All places where cattle cross a river that is permanently flowing or has an active bed* width greater than 1 metre must be culverted or bridged and those culverts or bridges must be used by cattle whenever they cross the river.

¹ The Plan has legal effect in the case of dairy farming* from 24 August 2010 and for commercial vegetable growing*,
cropping* and intensive sheep and beef* it has legal effect from 9 May 2013.

Policy 14-6: Resource consent decision-making for intensive farming land^ uses

When making decisions on resource consent^ applications, and setting consent conditions^, for intensive farming land^ uses the Regional Council must:

Ensure the nitrogen leaching from the land is managed in accordance with Policy 14-5.
An exception may be made to (a) for existing intensive farming land^ uses in the following circumstances:
1. where the existing intensive farming land^ use occurs on land that has 50% or higher of LUC Classes IV to VIII and has an average annual rainfall of 1500 mm or greater; or
2. where the existing intensive farming land^ use cannot meet year 1 cumulative nitrogen leaching maximums* in year 1, they shall be managed through conditions on their resource consent to ensure year 1 cumulative nitrogen leaching maximums* are met within 4 years.
Where an exception is made to the cumulative nitrogen leaching maximum* the existing intensive farming land^ uses must be managed by consent conditions to ensure:
1. Good management practices to minimise the loss of nitrogen, phosphorus, faecal contamination and sediment are implemented.
2. Any losses of nitrogen, which cannot be minimised, are remedied or mitigated, including by other works or environmental compensation. Mitigation works may include but are not limited to, creation of wetland and riparian planted zones.
Ensure that cattle are excluded from surface water in accordance with Policy 14-5 (f) and (g) except where landscape or geographical constraints make stock exclusion impractical and the effects of cattle stock movements are avoided, remedied or mitigated. In all cases any unavoidable losses of nitrogen, phosphorus, faecal contamination and sediment are remedied or mitigated by other works or environmental compensation. Mitigation works may include (but are not limited to) creation of wetland and riparian planted zones.

Policy 14-7: Management of discharges^ of domestic wastewater*

When making decisions on resource consent^ applications, and setting consent conditions^, for on-site discharges^ of domestic wastewater*, the Regional Council must generally ensure that the discharge^ is in accordance with the Manual for On-site Wastewater Systems Design and Management (Horizons Regional Council 2010).

For discharges^ that are not in accordance with the Manual for On-site Wastewater Systems Design and Management (Horizons Regional Council 2010) the Regional Council must make decisions on resource consent^ applications, and set consent conditions^, for on-site discharges^ of domestic wastewater*, to ensure that:

the site* is suitable for the intended on-site wastewater management system,
the discharge^ does not result in actual or potential contamination of:
1. groundwater at any point of abstraction utilised for irrigation, stock or domestic drinking water^,
2. surface water bodies^,
3. stormwater drains,
4. artificial watercourses*, or
5. neighbouring property*,
the discharge^ does not constitute a public health threat,
the discharge^ does not cause any offensive or objectionable odour beyond the property* boundary, and
a sufficient area of land^ is set aside as a reserve disposal area.

Policy 14-8: Monitoring requirements for consent holders

Point source discharges^ of contaminants^ to water^ must generally be subject to the following monitoring requirements:

the regular monitoring of discharge^ volumes on discharges^ smaller than 100 m3/day and making the records available to the Regional Council on request,
the installation of a pulse-count capable meter in order to monitor the volume discharged^ for discharges^ of 100 m³/day or greater,
the installation of a Regional Council compatible telemetry system on discharges^ of 300 m³/day or greater, and
monitoring and reporting on the quality of the discharge^ at the point of discharge^ before it enters surface water^ and the quality of the receiving water^ upstream and downstream of the point of discharge^ (after reasonable mixing*) may also be required. This must align with the Regional Council’s environmental monitoring programme where reasonably practicable to enable cumulative impacts to be measured.

Policy 14-9: Consent decision making requirements from the National Policy Statement for Freshwater Management

This policy applies to any application for the following discharges^ (including a diffuse discharge^ by any person or animal):
1. a new discharge^; or
2. a change or increase in any discharge^ of any contaminant^ into fresh water^, or onto or into land^ in circumstances that may result in that contaminant^ (or, as a result of any natural process from the discharge^ of that contaminant^, any other contaminant^) entering fresh water^.
When considering any application for a discharge^ the Regional Council must have regard to the following matters:
1. the extent to which the discharge^ would avoid contamination that will have an adverse effect on the life-supporting capacity of fresh water^ including on any ecosystem associated with fresh water^; and
2. the extent to which it is feasible and dependable that any more than minor adverse effect on fresh water^, and on any ecosystem associated with fresh water^, resulting from the discharge^ would be avoided.
This clause of the policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management 2011 took effect on 1 July 2011.
When considering any application for a discharge^ the Regional Council must have regard to the following matters:
1. the extent to which the discharge^ would avoid contamination that will have an adverse effect on the health of people and communities as affected by their secondary contact with fresh water^; and
2. the extent to which it is feasible and dependable that any more than minor adverse effect on the health of people and communities as affected by their secondary contact with fresh water^ resulting from the discharge^ would be avoided.
This clause of the policy does not apply to any application for consent first lodged before the National Policy Statement for Freshwater Management 2014 took effect on 4 July 2014.

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Chapter 14: Discharges to Land and Water