Module 4: How is the HFSP integrated into district plans?
What, why and how|How is the HFSP integrated into district plans?|Overview of the HFSP in relation to district plans|The consent status matrix|Interface issues|Sub-facilities|Exceptions and exemptions|Minimum performance standards|Assessment criteria
What, why and how
What
- definition of “Hazardous Facility”
- how district plans deal with hazardous facilities
- how the HFSP fits in with other district plan controls
- the “meaning of screening”
- the role of the consent status matrix
- interface issues
- exceptions and exemptions
- minimum performance standards
- assessment criteria.
Why
- to see the HFSP as a screening tool for the land use planning of hazardous facilities
- to understand how the HFSP links in with the district plan and other relevant controls
- to understand how and when the HFSP needs to be applied
- to understand what happens when a resource consent is required
How
- presentation
- exercise and report in
We
can be knowledgeable with other people’s knowledge, but we cannot
be wise with other people’s wisdom
Montaigne, modified
How is the HFSP integrated into district plans?
Overview of the HFSP in relation to district plans
Overview
This module focuses on integrating the HFSP into district plans from a practical viewpoint.
It is noted that regional policy statements will also refer to responsibilities with respect to the land use of hazardous substances (refer Module 2), but the focus in this document will be on district plans.
Definition of “Hazardous Facility”
A “Hazardous Facility” includes all activities involving hazardous substances and sites, including vehicles for their transport, at which these substances are used, stored, handled and disposed of.
How District Plans deal with hazardous facilities
The storage, use transport and disposal of hazardous substances is a normal part of many activities in a district, including industrial, commercial, rural, and also home-based activities. Appropriate controls are needed within the framework of the RMA to minimise the risk of the unintentional release or loss of control of hazardous substances to avoid or mitigate:
- damage to the environment, including ecosystems
- damage to human health and safety
- damage to property
Planning tools for hazardous facilities controlling
Land use planning tools for controlling hazardous facilities include (Figure 4.1):
- Locational controls such as zoning indicate the preferred areas where hazardous facilities should locate. Locational controls include the HFSP which is a tool to determine maximum permissible hazardous substance quantities in different land use zones before a resource consent is required.
- Management and design controls: minimum standards covering other aspects of hazardous facilities such as design and operation of spill containment systems, irrespective of their consent status.
- Land use controls: additional requirements that are land use zone-specific and that may also be attached as conditions to resource consents for hazardous facilities
Figure 4.1 Land use planning controls for hazardous facilities
See
Figure 4.1 at its full size (including text description)
How the HFSP relates to other land use controls
Hazardous substances are used in all sorts of businesses not only in industrial areas, but throughout any District, including commercial, rural, and residential zones. Farming or home based enterprises are good examples of this.
Therefore, it is necessary to control the use and storage of hazardous substances across all land use zones of a District and not only in industrial areas.
The HFSP is applied to all hazardous facilities in all
land use zones throughout the District.
Normally, the HFSP is used as an “overlay” mechanism for hazardous facilities over and above any other specific controls applying to activities in a given land use zone.
In District Plans, the HFSP is often contained in a separate chapter on Hazardous Facilities and Substances. This then becomes an overlay chapter which contains controls over and above zone controls in other land use chapters. All the zone-based chapters are cross-referenced to it.
Overview of the HFSP in relation to district plans
When and how the HFSP is used
The HFSP is applied to:
- any new hazardous facility
- any existing hazardous facility planning an expansion or a change in its operation
An expansion or change of an existing hazardous facility applies where the effects of the proposed activity will not be the same or similar in character, intensity or scale as previously existed. Sections 10, 10A and 20 of RMA specifically address this issue.
Examples of a ‘change’ include:
- a change in the types of operations or processes used
- a change in the type and degree of hazard of the materials used on site
- an increase in the quantities of hazardous substances from the time a resource consent has been granted
The “meaning of screening”
The HFSP is used to screen all proposals involving hazardous substances to determine whether they are:
- permitted activities
- controlled (or restricted discretionary) activities
- discretionary activities
Permitted activities may proceed, subject to:
- adoption of minimum performance standards specified in district plans
- any other relevant requirements in a district plan
- any other requirements specified by the RMA
Where a resource consent is required, additional information must be provided on the environmental effects or risks presented by a hazardous facility.
Resource consent applications are assessed on a case-by-case basis and a consent is granted subject to considering a range of assessment criteria, and environmental effects and risks being adequately managed.
Specific land use consent conditions may be attached to resource consents. An outline of the HFSP consent procedure is shown in Figure 4.2.
Figure 4.2 HFSP consent procedure
See
Figure 4.2 at its full size (including text description)
The consent status matrix
The role of the Consent Status Table
The Consent Status Table is the main link between the
HFSP and the District Plan.
It contains a range of Consent Status Indices, which correspond to the numerical values generated by the HFSP called the Quantity Ratio (refer Module 3).
These Consent Status Indices reflect the acceptable level of risk presented by hazardous substances in different land use zones, for any of the assessed Effect Types.
The HFSP has been calibrated so that in a “Heavy Industrial Zone”, the Consent Status Index is set at a benchmark of 1. This arbitrarily chosen number represents an acceptable level of off-site risk in this land use zone.
Consent Status Indices for any other land use zones take on numerical values which are proportional to the benchmark of 1 for the Heavy Industrial Zone. For example, the Consent Status Index for a residential zone is normally set at around 0.02.
A number of factors are usually taken into account for calibrating the Consent Status Table for a specific District, as follows:
- council zoning and land use strategy
- location of special or environmentally sensitive features
- natural risks such as earthquakes or flooding
- the density of development
- access to transport routes
- community aspirations
- volume of potential applications
- other legislative controls
- cross-boundary issues.
Examples of Consent Status Tables are shown in Tables 4.1 and 4.2.
| Zone | Consent status indices for activities | Consent status indices for discretionary activities |
|---|---|---|
| Industrial | <1 | >1 |
| Rural Area |  0.75
|
>0.75 |
| Light Industrial | 0.5
|
>0.5 |
| Commercial | 0.2
|
>0.2 |
| Open Space | 0.1 |
>0.1 |
| Residential | 0.02
|
>0.02 |
| Zone | Consent status indices for permitted activities | Consent status indices for controlled activities | Consent status indices for discretionary activities |
|---|---|---|---|
| Heavy Industrial | <1 | 1 – 2 | >2 |
| Industrial | <0.75 | 0.75 - 1.5 | >1.5 |
| Light Industrial | <0.5 | 0.5 – 1 | >1 |
| Special Purpose | <0.3 | 0.3 - 0.6 | >0.6 |
| Business | <0.2 | 0.2 - 0.4 | >0.4 |
| Residential | 0.02 |
- | >0.02 |
| Open Space | 0.1 |
- | >0.1 |
How the Consent Status Matrix is used
When a proposed hazardous facility is submitted to the HFSP, the calculated Quantity Ratios are compared against the Indices in the Consent Status Matrix for the respective land use zone.
A decision is then made whether the proposed activity is permitted or whether it requires a resource consent, based on whether any Quantity Ratios calculated for the activity exceed the indices in the table for the zone in which the activity proposes to establish.
In this context, the following consideration apply:
Is the value for a permitted activity in the relevant land use zone exceeded?
- if no, the proposed activity is permitted, subject to minimum performance standards
- if yes, then the proponent will need to apply for a resource consent
If the proposed activity requires a resource consent, the proponent has two choices:
- either - submit the proposed quantities of hazardous substances to be used as part of a resource consent application, along with any additional information required to assist with assessing the proposed activity
- relocate to a less sensitive land use zone
- or - consider ways to reduce the risk of the activity.
Consent Status Tables such as the ones shown in Tables 4.1 and 4.2 can take on differing levels of detail and complexity. For example, many consent status tables adopt an intermediate activity status, such as controlled or restricted discretionary.
It is up to each territorial authority to design their own Consent Status Matrix, as this will reflect district or city specific environmental circumstances.
How about non-complying or prohibited activities?
It is Important to note that the Consent Status Matrix should not identify:
- non-complying or
- prohibited activities
This is because the HFSP is intended only to act as a screening tool. Territorial authorities can only decide whether a proposed facility is non-complying or prohibited once the necessary background information has been completely scrutinised and evaluated.
back to topInterface issues
Background
Interface issues arise where land use zones of differing sensitivity border each other. This may be the case where industrial areas are closely integrated with commercial or residential activities.
It is important to manage these interface areas so that
hazardous facilities do not pose an unacceptable risk to the more sensitive
neighbouring activity areas.
Interface issues may also arise where neighbouring districts share a boundary, and where there are different land use zones on each side of the boundary. These will usually have to be resolved in discussion between the neighbouring councils.
How the HFSP deals with interface issues
The HFSP is able to deal with interface issues by creating separation distances between facilities and sensitive environmental resources, or buffer zones between incompatible land use zones.
Interfaces with sensitive environmental resources
The HFSP applies an Adjustment Factor of 0.3 to hazardous substance Base Quantities in the Human Health and Environmental Effect Groups if a hazardous facility is located close to sensitive water resources, effectively reducing acceptable quantities by 70%.
This Adjustment Factor is applied in the case of a specified distance from the facility to the water resource, as specified by a territorial authority in the district plan (generally assigned between 30 - 100 metres). The nature and capacity of the stormwater system in the area may need to be taken into account in specifying an appropriate distance.
Interfaces between incompatible land use zones
Where incompatible land use zones abut each other – for example, and industrial land use zone next to a residential land use zone, it is possible to implement buffer zones between the two land use zones.
This buffer zone is applied within a defined strip on the inside of the more hazardous land use zone, at a width to be defined, but usually ranging between 20 and 50 metres.
Within this buffer zone, the Consent Status Indices are scaled down, according to the sensitivity of the adjacent land use zone. Figure 4.3 shows the concept of buffer zones.
Figure 4.3 Buffer zone concept (CSI = Consent status index)
See
Figure 4.3 at its full size (including text description)
Sub-facilities
The HFSP is used to screen hazardous facilities and their sites. Where two separate hazardous facilities are located on the same legal site, the HFSP treats them as a single facility.
However, there are some situations where this concept presents problems – particularly where large sites or sites with multiple owners are concerned. Good examples of such situations include hospitals or teaching institutions.
A possible solution to deal with this problem is to introduce the concept of ‘sub-facilities’. This concept is based on the assumption that if multiple hazardous facilities present on the same site are separated by more than 30 metres from each other, they may be dealt with as sub-facilities and thus be assessed separately.
If a territorial authority decides to adopt the concept of a sub-facility, an appropriate definition will have to be provided in the district plan. It will also need to provide further guidance in rules and explanations to make the underlying concept clear.
back to topExceptions and exemptions
Exceptions
The HFSP can handle any hazardous facility. However, in some specific circumstances it is neither necessary nor practical to apply the HFSP.
Exceptions to the HFSP are outlined in greater detail below in Table 4.3.
Table 4.3 Example of a consent status table for a metropolitan area with heavy industrial activity
| Exceptions | Explanation |
|---|---|
| Trade waste sewers | Difficult to cover as trade waste sewers transect land use zones. Also, trade waste sewers normally form part of larger developments requiring resource consents and are therefore already captured under the RMA. |
| Storage and use of hazardous consumer products for private domestic purposes | This is deemed to be an insignificant activity. |
| Retail outlets for the domestic-scale usage of hazardous substances such as supermarkets, hardware shops and pharmacies. This does not include wholesale outlets or outlets for the supply of trade. | The scale of these activities is deemed to be insignificant. However, activities which serve both the retail and wholesale trade are not excepted. |
| Developments that are or may be hazardous but do not involve hazardous substances (e.g., high voltage transmission lines, radio masts, natural hazard areas) | These activities do not involve hazardous substances and need to be covered by other land use planning provisions. |
| Facilities presenting a dust explosion risk of non-hazardous substances | This risk arises from the presence of finely powdered organic material such as milk powder or coal dust present in a building due to inadequate housekeeping practices. Such dust does not represent a contained storage of hazardous substances. |
| Gas or oil pipelines | Refer to trade waste sewers. |
| Fuel in motor vehicles, boats and small engines. | This is deemed to be an insignificant activity. |
Exemptions
Some activities may become exempt from the HFSP (but not any other provisions in the District Plan relating to hazardous substances) in cases where there are well established codes of practice or standards already in place.
Overall, the exemption of specific hazardous facilities from the HFSP is reliant on industry-driven initiatives, and the recognition that the codes of practice or standards adequately contain the risks in the short and the long term.
Examples of exemptions
- the retail sale of liquid fuel, up to a storage of 100,000 litres of petrol in underground storage tanks and up to 50,000 litres of diesel, provided that the Code of Practice for the Design, Installation and Operation of Underground Petroleum Systems (Department of Labour OSH, 1992) is adhered to.
- retail LPG outlets, with storage of up to 6 tonnes (single vessel storage) of LPG, provided that the Australian/New Zealand Standard AS 1596:1997 - Storage and Handling of LP Gas is adhered to.
Other exemptions which are occasionally applied in district plans include teaching and research laboratories (particularly where there are major) teaching or research institutions, and temporary military training activities.
As ERMA New Zealand will progressively approve Codes of Practice to assist with compliance with HSNO controls, territorial authorities may consider that these approved HSNO Codes of Practices provide an appropriate basis for exempting a hazardous facility.
Accounting for the voluntary status of standards and codes of practice
One problem with accepting codes of practice or standards as a means of compliance is that these have no statutory power, unless they have been specifically referenced in legislation such as the HSNO Act.
To circumvent this problem, some territorial authorities have adopted the approach that activities which are exempt from the HFSP become controlled (rather than permitted) activities. This gives councils the opportunity to check applications and compliance with relevant codes of practice or standards.
Consent is then granted subject to a number of matters of controls which are specified in the district plan. This approach also makes it possible to deal with issues not fully addressed by the exemption, for example spill management on the forecourt of a service station (even though the underground storage facilities are exempt).
back to topMinimum performance standards
Overview
Minimum performance standards comprise a set of minimum management and design requirements to which every hazardous facility must adhere to ensure that the risk of spills or loss of control of activities involving hazardous substances is minimised.
Minimum performance standards apply to all hazardous facilities, irrespective of their consent status.
This means that all hazardous facilities have to comply with these standards, irrespective of whether they are a permitted, controlled, or discretionary activity.
In the case of permitted hazardous facilities, adherence to minimum performance standards will need to be checked through monitoring by territorial authorities.
Minimum performance standards - principal elements
Minimum performance standards focus on outcomes rather than prescriptive controls. The emphasis is therefore on defining the outcome, rather than the means of achieving it, even though guidance can be provided to signal which types of tools provide a means of compliance. This follows a similar approach to that adopted in the HSNO Act for controls on hazardous substances.
Consequently, hazardous facilities may use a range of specific design, operational, or process controls to achieve the same outcome. The benefit of this approach lies in affording hazardous facility operators greater flexibility and allowing new technologies to be developed and implemented.
The Land Use Planning Guide for Hazardous Facilities (MfE, 2002) provides both an explanation of the expected outcomes, as well as possible means to achieve these outcomes. Table 4.4 provides a summary of recommended minimum performance standards.
Table 4.4 Example minimum performance standards
| Minimum performance standard | Explanation |
|---|---|
| Site design | Any part of a facility where
hazardous substances are used or stored must be designed and operated
to:
|
| Stormwater drainage | All stormwater grates shall be clearly labelled “Stormwater only” |
| Wash down areas | Any part of a site where vehicles, equipment, or containers contaminated with hazardous substances are washed, must be designed and operated to prevent any discharge to the environment, or the stormwater and sewage systems unless permitted to do so. |
| Underground storage tanks | Underground tanks for the storage of petroleum products must be designed and operated to prevent any leakage or spills. |
| Signage | Any hazardous facility shall be adequately sign posted and materials adequately labelled to indicate the nature of substances stored, used, or otherwise handled. |
| Waste management | Any process waste or waste containing hazardous substances shall be managed to prevent:· any unauthorised discharge to the environment, or the stormwater or sewage systems unless permitted to do so· disposal at an unauthorised facility |
Assessment criteria
What are assessment criteria?
Assessment criteria form the basis for territorial authorities to evaluate resource consent applications for hazardous substances, to decide whether a resource consent can be granted for a specific hazardous activity at a given location, and to identify appropriate resource consent conditions.
Framework for assessment criteria
In accordance with the type, scale, and resulting consent status of a specific hazardous facility, the type and detail of information required varies. As a general rule, more information is required for a discretionary activity than for a controlled activity.
An overview of assessment criteria is provided below.
Evaluation of alternatives
Documentation on the proposal needs to include an evaluation of whether there are any reasonable alternatives, particularly where it is likely that the activity will result in significant environmental effects.
Risk assessment
An assessment of risks may need to be carried out, in accordance with the type and scale of the proposed facility, and using a range of qualitative and quantitative techniques. A risk assessment will be evaluated with particular emphasis on the following issues:
- separation distances to people sensitive activities (residential zones and facilities such as schools, rest homes, hospitals, shopping centres, etc.)
- location in relation to the nearest environmental resources (i.e., aquifers and/or surface water bodies, terrestrial and aquatic ecosystems, the nature of soils and subsoils, etc)
- location in relation to environmentally sensitive areas
- the systematic identification of hazards and potential exposure pathways, and assessment of associated risks
- potential cumulative risks arising in conjunction with neighbouring activities or in the receiving environment
- transportation of hazardous substances.
Risk management
Special focus should be placed on risk management, and the following aspects:
- implementation of a management system. A range of management systems are considered suitable, including the NZCIC (New Zealand Chemical Industry Council) Responsible Care Programme, the BS (British Standard) 7750 system, the ISO (International Standard Organisation) 9000 and 14001 management systems standards, the IRSR (International Safety Rating System), or any other recognised or accepted system which achieves the same objectives
- fire safety and fire water management
- monitoring and maintenance schedules and plans· contingency plans for spills and other accidental releases of hazardous substances· emergency procedures and plans
- site management systems for waste disposal and transportation of hazardous substances.
Transport of hazardous substances
The assessment of environmental effects must also consider any risks associated with the transportation of hazardous goods on the local road network. It must be demonstrated that vehicles carrying hazardous substances will use the safest routes possible and will minimise utilisation of local and residential roads. Conditions may be imposed which specify transport routes.
Application of assessment criteria
Not all of the above assessment criteria will apply to every hazardous facility. Therefore, the level of detail required for each assessment criterion may vary, depending on the type of resource consent required and the nature of the hazardous facility in question. In many cases, an initial discussion between the applicant and Council Officers will be necessary to determine the scope and content of the information required.
Conditions may be applied to a resource consent related to any of the above matters.
How
to find out more
The Ministry for the Environment funded the development of an ‘Land
Use Planning Guide for Hazardous Facilities – A Resource for Local
Authorities and Hazardous Facility Operators’ (2001) – this
can be downloaded from the Ministry’s website.
Exercise
4.1
- Describe the difference between an exception and an exemption from the HFSP
- Why should exempt hazardous activities become controlled activities?
- Provide a couple of suitable means of compliance to meet the minimum standards outlined in Table 4.4
- What is the difference between a hazardous facility and a hazardous sub-facility?
- How can territorial authorities resolve issues related to hazardous facilities at district boundaries?
Key
application
Identify a key application of the information you’ve learnt in your day-to-day working environment.
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