Hypothetical Scenarios
Scenario 1
The landowner at a rural site has stored about 10,000 end-of-life tyres and further tyres are being brought to the site. The local Fire Service has issued guidelines for storage of end-of-life tyres that are similar to the recommendations issued by the Hamilton Fire District (refer to the appendix). These guidelines have not been followed. The site and the neighbouring area have a history of incidents of arson and attempted arson. There is a primary school and a number of residential houses within one kilometre of the tyre stockpile. There is no water supply at the site. The district council receives complaints from neighbours. There are no rules in the District Plan about storage of tyres. There are no rules in the Regional Plan about storage of tyres.
The district council should work together with the regional council. In this scenario, the criteria in section 17(3) can be established:
- that the risk of fire is 'likely', and
- if there is a fire it is likely that the fire will have an adverse effect on the environment.
The district council and the regional council should meet with the landowner and discuss the risk of fire with him and ask him to co-operate and remove the tyres. If the landowner does not agree to move the tyres, the councils have enforcement options as set out in the diagram on page 12.
The tyres stored at the site may also be a contravention of section 15(1)(d) (refer page 6 and 7) and if it is the regional council also has the enforcement options as set out in the diagram on the same page.
An example of an abatement notice for this scenario to enforce the duty in section 17 is Appendix 2A. An example of an infringement notice for breach of the abatement notice is Appendix 2B.
Scenario 2
About 20,000 end-of-life tyres have been dumped at a park owned by the regional council. The regional council has made extensive enquiries but has not been able to obtain any evidence to establish who dumped the tyres at the park. There are mosquitoes and rats in the tyre stockpile.
The regional council cannot take enforcement action under the RMA as the council cannot establish who is responsible for the dumping. The council should remove the tyres promptly.
Scenario 3
The owner of a lifestyle block on the outskirts of a city has dumped about 1,000 end-of-life tyres in a stream at his property. Some of the tyres have been partially shredded. The stream is a tributary to a river that is a habitat for trout and other fish. The regional council has collected samples downstream of the tyres and has a report from a chemist that confirms that the analyses of the samples shows that there has been leachate from the tyres and this is likely to have an adverse effect on fish. The landowner has told regional and district council staff that he will not move the tyres and he can do what he likes on his own land.
The tyres dumped in the stream are a contravention of section 15(1)(a) and also a contravention of section 13(1)(d).
The regional council has the enforcement options as set out in the diagram on page 7.
An example of an abatement notice for contravention of section 15(1)(a) is Appendix 2C. An example of an infringement notice for contravention of section 15(1)(a) is Appendix 2D.
