Chapter 14: Discharges to Land and Water

14.6 Rules - Stormwater

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The requirements specified in the Resource Management (National Environmental Standards for Freshwater) Regulations also apply, as rules, in addition to the following rules.  One Plan users must refer to the Regulations and they should be read in conjunction with the following rules.  Where there is conflict between the provisions of the Regulations and any of the following rules, the more stringent provision will apply.
 

Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
14-18 Discharges^ of stormwater to surface water^ and land^ The discharge^ of storm water into surface water^ pursuant to s15(1) RMA or onto or into land^ pursuant to ss15(1) or 15(2A) RMA, and any ancillary takes or diversions of stormwater pursuant to s14(2) RMA forming part of the stormwater system. Permitted
  1. The discharge^ must not include stormwater from any:
    1. industrial or trade premises^ where hazardous substances* stored or used may be entrained by the stormwater
    2. contaminated land^ where the contaminants^ of concern may be entrained by the stormwater
    3. operating quarry or mineral^ extraction site*

                 unless there is an interceptor
                 system* in place.

  1. The discharge^ must not cause or exacerbate the flooding of any other property*.
  2. The activity must not cause erosion of any land^ or the bed^ of any water body^ beyond the point of discharge^ unless this is not practicably avoidable, in which case any erosion that occurs as a result of the discharge^ must be remedied as soon as practicable.
  3. There must be no discharge^ to any rare habitat*, threatened habitat*, at-risk habitat*, or reach of river^ or its bed^ with a Schedule B Value of Natural State.
  4. For discharges^ of stormwater onto or into land^:
    1. the discharge^ must be below a rate that would cause flooding outside the design discharge^ soakage area, except in rain events equivalent to or greater than the 10% annual exceedance probability design storm. Any exceedance must go into designated overland flow paths
    2. there must not be any overland flow resulting in a discharge^ to a natural surface water body^, except in rain events equivalent to or greater than the 10% annual exceedance probability design storm
    3. the discharge^ must not contain concentrations of hazardous substances* that are toxic to aquatic ecosystems, or accumulate in soil.
  5. For discharges^ of stormwater into surface water bodies^ the discharge^ must not cause any permanent reduction of the ability of the receiving water body^ or its bed^ to convey flood flows.
  6. For discharges^ of stormwater into surface water bodies^ the discharge^ must not cause, after reasonable mixing*, any of the following effects^ in the receiving water body^:
    1. the production of conspicuous oil* or grease films, scums or foams, or floatable or suspended materials
    2. any conspicuous change in the colour or visual clarity of the receiving water^
    3. any emission of objectionable odour
    4. the rendering of fresh water^ unsuitable for consumption by farm animals
    5. toxicity to aquatic ecosystems.
  7. The activity must not be to any historic heritage^ identified in any district plan^ or regional plan^.
  
14-19 Discharges^ of stormwater to surface water^ or land not complying with Rule 14-18 The discharge^ of stormwater into surface water^ pursuant to s15(1) RMA or onto or into land^ pursuant to ss15(1) or 15(2A) RMA, which does not comply with Rule 14-18, and any ancillary takes or diversions of stormwater pursuant to s14(2) RMA forming part of the stormwater system. Restricted Discretionary
  1. There must be no discharge^ to any rare habitat*, threatened habitat*, at-risk habitat*, or reach of a river^ or its bed^ with a Schedule B Value of Natural State.
Discretion is reserved over:
  1. measures to control flooding and erosion
  2. contaminant^ concentrations and loading rates
  3. measures to avoid, remedy or mitigate adverse effects^ on groundwater quality
  4. measures to manage the level of soil contamination
  5. measures required to comply with s107(1) RMA
  6. measures to assist with maintaining or achieving the Schedule E water quality targets* for the relevant Water Management Sub-zones*
  7. management of odours arising from the stormwater discharge^
  8. stormwater system maintenance* requirements
  9. contingency requirements
  10. monitoring and information requirements
  11. duration of consent
  12. review of consent conditions^
  13. the matters in Policy 14-9.
 
Rule Guide:
  1. Some discharges in rare habitats*, threatened habitats* and at-risk habitats* are regulated by Rules 13-8 and 13-9.
  2. Discharges in a reach of a river with a Schedule B Value of Natural State or Sites of Significance - Aquatic are regulated by Rule 14-25.

Discharges at other locations are regulated as follows:
  1. Activities not covered by rules - Discharges of stormwater pursuant to s15(1) RMA that are not covered by the rules above are a discretionary activity under Rule 14-30. Stormwater discharges into network utility piped stormwater systems are not regulated by this Plan, however permission may be required from the system owner or operator. The system owner or operator is responsible for the quality of discharges exiting the system into receiving environments.
  2. Activities that do not comply - Discharges of stormwater that do not comply with Rule 14-19 are a discretionary activity under Rule 14-30.

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