Safe storage and transport of hazardous wastes

The policy objective is to ensure hazardous wastes are safely stored and transported. This objective will be achieved if the policy framework provides rules, guidance and compliance provisions that adequately cover storage and transport of solid and liquid wastes. Hazardous wastes commonly move from a waste generator, via a waste transporter to a waste receiver at which point the waste is treated and/or disposed. The steps in this chain should be safe and verifiable.

Most hazardous wastes transported (other than wastes carried by sewers) in New Zealand are by land but some are also transported by air or sea. If classified as dangerous goods, there are controls on the transport of those hazardous wastes under the respective land, maritime and air rules for the transport of dangerous goods. Ships carrying any hazardous wastes to or from New Zealand would be subject to the Basel Convention as well as the maritime rule.

Elements in place

  • Building Code (issued under the Building Act) and requirements of the Health and Safety in Employment Act (HSE Act). Clause F3 of the Building Code requires construction of buildings to provide for the safe storage of hazardous substances and the protection of people. Measures have to be taken to prevent hazardous substances and other ‘unacceptable material’ from entering sewers or public drains. The HSE Act also influences the storage and movement of hazardous wastes by placing legal obligations on employers to identify and manage (eliminate, isolate, or minimise) hazards in the work place.
  • Land Transport Rule (Dangerous Goods) 2005. The prime objective of the rule is to provide a workable regime enabling dangerous goods (including categories of hazardous wastes) to be transported safely on land and, thereby, minimise the risk to people, to property and to the environment. The rule aligns New Zealand requirements with United Nations recommendations and international codes of practice for sea and air transport.
  • Maritime Rule Part 24A promulgated by Maritime New Zealand, which sets out the responsibilities of seafarers, ship owners, shippers and other parties, with respect to dangerous goods to be carried by sea.
  • In the unlikely event that hazardous wastes were transported by air, they would be subject to Civil Aviation Rule 92 and any relevant codes of practice for the carriage of dangerous goods issued by the International Civil Aviation Organization.
  • Hazardous Substances (Classes 1-5 Controls) Regulations 2001 and HSNO (Classes 6, 8 and 9 Controls) Regulations 2001, (available on the NZ Legislation website, in the Regulations database) which provide detailed controls on different classes of hazardous substances. These are principally relevant to pre-waste stages but can apply to waste hazardous substances.
  • Hazardous Substances (Emergency Management) Regulations 2001 (available on the NZ Legislation website, in the Regulations database). These regulations cover the preparation of emergency response plans and other measures to deal with emergencies.
  • The Liquid and Hazardous Waste Code of Practice. This code of practice has been developed by the NZWWA and provides detailed guidance to waste operators and relates to liquid hazardous wastes and hazardous wastes requiring transport by road from the generator to its treatment and/or disposal point. A system for audits under the code of practice is now in place with contractors being certified as ‘code compliant’. To view a list of the currently code complaint operators visit the WasteMINZ website.
  • The Land-Use Planning Guide for Hazardous Facilities. This is a tool for assessing when a land-use consent is needed under the RMA.
  • The HSNO (Approvals and Enforcement) Amendment Act 2005 (enacted in December 2005) provides a group standard mechanism that will enable HSNO controls to be applied to a range of hazardous wastes. These controls would include disposal controls, a requirement for waste tracking and other controls e.g. storage or transport controls, to improve the management of hazardous wastes.
  • The RMA provides tools that enable local authorities to place controls on the use of land for the purposes of addressing adverse effects of the storage and transportation of hazardous wastes. These tools are only able to control the environmental effects that storage and transport of hazardous wastes may have.

Elements under development

  • An accreditation system for liquid waste operators that gives recognition to those that meet an accreditation standard is currently being investigated by the Ministry and industry. Once developed, the use of accredited contractors for waste transport may be required similar to the way code compliant contractors are currently being required through trade waste bylaws. 
  • Implementation of the waste tracking system described above will contain information on the transport and storage of liquid and hazardous wastes. This is a tool that will allow for waste carriers and storage sites to be identified and checked for compliance.
  • Group Standards for hazardous waste. The HSNO (Approvals and Enforcement) Amendment Act 2005, discussed earlier, will provide a group standard mechanism that will enable HSNO controls to be applied to a range of hazardous wastes. Work has started on the application of the group standards mechanism to hazardous wastes. The conditions of a group standard are able to place controls on the storage and transport of hazardous wastes.

Last updated: 1 November 2012