Land use planning for hazardous facilities
Abstract
The RMA requires councils to take an effects-based approach to managing hazardous facilities. A 'hazardous facility' is an activity involving hazardous substances on a site. District Plan provisions are aimed at avoiding, remedying, or mitigating the adverse effects of hazardous substances.
district plans can include minimum standards for the safety of hazardous facilities, and a method for deciding whether a hazardous facility needs a resource consent. The Hazardous Facilities Screening Procedure (HFSP) is a widely-used and recommended method. Many Councils have already adopted the HFSP into the District Plan as a way of addressing land use planning for hazardous facilities.
The HFSP allows Councils to compare the level of risk created by land use activities associated with hazardous facilities with the acceptable level of risk at a particular site. It also allows Councils to consider the cumulative, not just individual, effects of hazardous substances. It does not, however, address the transportation of hazardous substances nor sites for disposal.
Councils using the HFSP also need to develop consent status indices for specific sites. This is a complex process that requires specialist skills. This guidance note gives an overview of land use planning for hazardous facilities, with a particular focus on the HFSP and consent status indices procedures for new practitioners. An essential resource is Land Use Planning for Hazardous Facilities.
Guidance note
Planning for hazardous facilities: the context
Industrial operations, workshops, agricultural and horticultural activities, and some domestic activities can all involve the storage, use, and transport of hazardous substances. An activity that involves the use of a hazardous substance on a particular site is called a hazardous facility.
Councils must consider how to manage hazardous facilities to avoid, remedy, or lessen the adverse environmental effects of the hazardous substances at the facility. The accidental release of these hazardous substances, or the risk of too many hazardous substances on one site, could result in significant damage to the environment, human health and property.
District Plan provisions for the control of hazardous facilities have two main elements:
The adverse effects of hazardous substances
The handling of hazardous substances can have three main types of adverse effects:
The legislative context
The Hazardous Substances and New Organisms Act 1996 (HSNO) governs the management of hazardous substances. It sets minimum performance standards for all hazardous substances, regardless of where they are used, stored, transported or disposed of.
The Resource Management Act 1991 (RMA) governs the management of hazardous facilities at a regional and district level. The RMA is focused on site-specific controls on the use of land, and on managing risks to the local environment. It requires councils to take an effects-based approach to managing hazardous facilities. The threat of a fire, explosion or toxic gas release is the hazard; while the probability of this occurring and the consequences of such an incident is the risk. Risk can range from low to high levels of risk.
The two Acts work together. HSNO provides the framework for managing hazardous substances anywhere in New Zealand, and the RMA provides additional controls for hazardous facilities at the particular site. District Plan provisions for hazardous facilities are created under the RMA, and must also comply with HSNO.
Other relevant legislation dealing with aspects of hazardous facilities management includes the following (which are all under review):
The role of regional and district councils
Sections 30 and 31 of the RMA give local authorities shared responsibility and functions for managing hazardous facilities. The Regional Policy Statement is required to state whether the regional or district council has primary responsibility pursuant to Section 62 of the RMA. If the Regional Policy Statement doesn't state primary responsibility, it defaults to the district council. This should be achieved through agreement between the regional and district councils.
In practice, district councils are given primary responsibility for controlling the use of land for hazardous facilities through the District Plan. The regional council can, however, set out a management framework in its Regional Policy Statement. The HFSP does not address other regional council matters such as discharges to land, air or water.
Regional councils, along with the Minister of Conservation, are also required to control the effects of activities associated with hazardous substances in the coastal marine area.
Developing provisions for the district plan
Developing provisions for a hazardous facilities section in the district plan involves:
Model plan provisions have been developed as a guide for councils, using the Land Use Planning for Hazardous Facilities (which is often referred to as the red book). However, section 32 of the RMA requires Councils to make sure the plan provisions apply to their own circumstances. These model plan provisions in the Red Book also assume that councils will use the HFSP.
The hazardous facilities section must also include:
Identify the issues
To identify the hazardous facilities issues in your district or region, consider:
State the objective and policies
The objective is to: 'avoid, remedy, or mitigate the possible adverse effects on the environment, including risk, associated with the use, storage, transportation and disposal of hazardous substances'.
Policies concern the location, design, and operation of hazardous facilities, systems to respond to accidents at facilities, and the disposal of hazardous wastes. The policies aim to avoid, remedy, or mitigate the possible adverse effects of hazardous substances.
- Make sure the policies are related directly to the stated objective and can guide resource consent decision making, and support an effects-based resource consent decision. Refer to the model planning provisions on page 77 in the Land Use Planning for Hazardous Facilities.
State the methods
Methods implement the policies. Although this guidance note is mainly focused on rules, other methods can achieve the policies and support the regulatory methods.
Regulatory methods
Rules for hazardous facilities management should include:
Methods for assessing whether a proposed hazardous facility needs a resource consent include:
The HFSP has the highest use in district plans, and is suitable for all Councils. However, it does not address other regional council matters such as discharges to land, air or water.
Other methods
Other methods that can implement and support the District Plan's objective and policies include:
Cross-boundary issues
Neighbouring district and regional councils need to work together on hazardous substances issues when:
In these cases, neighbouring councils need to make sure that their zoning and land use strategies are compatible, and that transport and disposal routes and procedures are compatible with each other's District or Regional Plans. Councils also need to work together when a resource consent is required for an activity that will affect neighbouring districts or regions.
Monitoring
The purpose of the monitoring programme is to provide good information on whether the methods in the plan are implementing the policies, achieving the objective, and resolving (or avoiding) the issues. This requires collecting information on the existing hazardous facilities in the district to develop an up to date inventory.
The hazardous facilities screening procedure
The HFSP is one method that can be used to assess whether a proposed hazardous facility needs a resource consent. This is a screening technique, like a sieve, which allows councils to distinguish between a low-risk and a higher-risk hazardous facility by:
The HFSP is suitable for all councils to use, and is particularly useful for councils of larger districts. Over 40% of councils have included the HFSP in their district plans. It incorporates the HSNO's hazard classification system for hazardous substances.
How the HFSP works
The steps set out below are a summary of how the HFSP works. Assessing a proposed hazardous facility with the HFSP can be done manually, or by using software, which has simplified the process and made calculations much quicker. Manual calculations are more appropriate for experienced practitioners.
To use the HFSP to assess a proposed hazardous facility:
1. Describe the proposed hazardous facility
2. Rate the hazardous substances
The ERMA website has HSNO ratings of substances previously controlled by repealed legislation, and HSNO ratings of new substances. If the hazardous substance is not listed here either (due to the HSNO provisions being new and still being updated), then use the default approach for an HFSP rating, or seek a more specific rating through further investigation.
3. Find the Base Quantity for each hazardous substance
The Base Quantity is the 'safe' amount of a hazardous substance on a site.
Refer to Table 1: Adjustment factors for all effect types, taken from the Land Use Planning for Hazardous Facilities, for the Base Quantities for different hazardous properties and ratings.
Table 1: Adjustment factors for all effect types
View Adjustment factors for all effect types (large table)
4. Calculate the adjusted quantity for each hazardous substance
The adjusted quantity for each hazardous substance is its base quantity multiplied by pre-calibrated adjustment factors. These adjustment factors take into account things like:
Refer to Table 2: Adjustment factors for all effect types, taken from the Land Use Planning for Hazardous Facilities.
Table 2: Adjustment factors for all effect types
| Fire/explosion | Human health | Environment |
|---|---|---|
| FF1: Substance form | FH1: Substance form | FE1: Substance form |
| Solid = 1 | Solid = 3 | Solid = 3 |
| Liquid, powder = 1 | Liquid, powder = 1 | Liquid, powder = 1 |
| Gas (101.3 kPA and 20°C) = 0.1 | Gas (101.3 kPA and 20°C) = 0.1 | Gas (101.3 kPA and 20°C) = 0.1 |
| FF2: Separation distance from site boundary (sub-facility) | FH2: Separation distance from site boundary (sub-facility) (gases only) | FE2: Environmental sensitivity |
| < 30 m = 1 | < 30 m = 1 | Normal = 1 |
| > 30 m (>60 m)1 = 3 | > 30 m (>60 m)2 = 3 | Adjacent to water resource2 = 0.3 |
| FF3: Type of activity | FH3: Type of activity | FH3: Type of activity |
| Use = 0.3 | Use = 0.3 | Use = 0.3 |
| Above-ground storage = 1 | Above-ground storage = 1 | Above-ground storage = 1 |
| Underground storage3 = 10 | Underground storage3 = 10 | Underground storage3 = 3 |
| Final fire/explosion adjustment factor FF = FF1 x FF2 x FF3 | Final human health adjustment factor FH = FH1 x FH2 x FH3 | Final environment adjustment factor FE = FE1 x FE2 x FE3 |
1 If the facility is assessed as a sub-facility, the distance to the neighbouring sub-facility must be more than 60 metres (i.e. 2 x 30 metres) to qualify for an Adjustment Factor of 3 (refer Section 5.5.4).
2 Water resources include aquifers and water supplies, streams, springs, lakes, wetlands, estuaries and the sea, but do not include entry points to the stormwater drainage network. ‘Adjacent’ must be defined in respective district plans and will depend on the type of water resource potentially affected (adjacent is variably defined as between 30 and 100 metres).
3 Applicable to UN Class 3 substances (flammable liquids) only.
5. Calculate and add the quantity ratios
Proposed quantity divided by adjusted quantity = quantity ratio. Refer to example below:
a) Describe the proposed hazardous facility
A small facility storing 200 l (1 drum) of xylene solvent on site - outside, within 3 metres of the site boundary. The surrounding land use is light industrial. There is no watercourse in the vicinity.
b) Rate the hazardous substance
Xylene is rated Medium for the Fire/Explosion Effect Type, Low for the Human Health Effect Type and does not rate for the Environmental Effect Type.
c) Find the Base Quantity for each hazardous substance
The Base Quantity for Fire/Explosion is 30 tonnes, and for Human Health also 30 tonnes.
d) Calculate the Adjusted Quantity for each hazardous substance
The Adjusted Quantity for Fire/Explosion and Human Health remains at 30 tonnes as the only applicable Adjustment Factors are 1.
e) Calculate and add the quantity ratios
0.2 tonnes
30 tonnes
= 0.00666 (round up to 0.01)
f) Compare the quantity ratio with the consent status index
A quantity ratio of 0.01 in a light industrial zone is unlikely to require a resource consent.
6. Compare the quantity ratio with the consent status indices
The proposed hazardous facility needs a resource consent if any quantity ratio is higher than the consent status index.
Advantages of using the HFSP
The HFSP allows Councils to:
Using the HFSP means that all proposed hazardous facilities are initially assessed, regardless of their size, substances, or processes. However, only facilities that exceed specific levels of risk need more detailed assessment and controls, by way of a resource consent. This enables a consistent approach and reduces unnecessary workload.
The HFSP is not suitable for deciding the outcome of a resource consent application. It merely shows that greater assessment of risk is required. It is also not suitable for dealing with the transportation or disposal of hazardous substances, as these activities involve taking the hazardous substances offsite. Councils may also wish to exempt or except some activities from the HFSP, where it is unnecessary to use the whole calculation process, and alternative methods are available.
The transportation of hazardous substances is managed by other legislation and standards. The District Plan can include transportation controls, although they are not part of the HFSP. It is appropriate to consider transportation as part of the resource consent process. The disposal of hazardous substances is also not part of the HFSP.
Putting the HFSP in a plan
A hazardous facilities section that includes the HFSP needs the following content in addition to the hazardous facilities provisions described above:
Consent status matrix
The consent status matrix is a table that sets out the acceptable level of risk from hazardous substances in different land use zones. Each acceptable level of risk is called a consent status index, and is presented as a numerical value.
Table 3: Example Consents status matrix
| Zone | Consent status indices for permitted activities | Consent status indices for activities requiring a consent |
|---|---|---|
| Industrial | = 1 | > 1 |
| Business | = 0.2 | > 0.2 |
| Residential | = 0.02 | > 0.2 |
This table shows that a higher level of risk would be acceptable in Industrial areas, whereas a lower level is set in residential areas. An explanation of how to establish the appropriate levels is described in the Red Book.
Each council needs to develop its own consent status indices, based on land use zones and particular activities in its district. Developing indices can be a technical and complex process, and a hazardous substances expert engineer or scientist will need to be involved. The Land Use Planning for Hazardous Facilities (red book) contains examples of CSM tables developed by other councils.
Information on how to use the HFSP
Follow the process for using the HFSP as it is set out in this guidance note and in 'Land Use Planning for Hazardous Facilities.' Do not change this process; it has been assessed, peer-reviewed, and endorsed by technical and scientific experts.
Exceptions and exemptions
The HFSP is not suitable for all activities involving hazardous substances. The HFSP section in the District Plan needs to specify what activities the HFSP doesn't apply to (excepted activities) and what activities the HFSP will be waived for (exempted activities, where calculations are not required, but compliance with performance standards is still necessary).
Examples of excepted activities include: trade waste sewers and gas or oil pipelines (ie where they are already covered under the Gas Act), small-scale domestic and retail activities, and hazardous activities that don't involve hazardous substances (such as radio masts).
Some activities are already well-regulated by other controls or Codes of Practice. Councils can exempt these activities from undertaking the calculations, provided compliance with the performance standards can be achieved using such codes of practice. Examples of exempted activities include: fuel storage and sale, and the use, storage and disposal of hazardous substances as part of teaching activities.
Activities that are exempt from the HFSP are not exempt from other requirements relating to hazardous substances.
Best practice examples
The following examples illustrate best practice in particular aspects of plan preparation, as described in the guidance note.
HFSP-City of Lower Hutt Proposed District Plan (1995) [Reveal/Hide]
The City of Lower Hutt Proposed District Plan (1995), Section 14 D, Hazardous Substances, incorporates the HFSP with all related worksheets and completed examples. Ruled 14D 2.1 (b) considers the Interface Provisions and Buffer Strip concept.
Contact Robyn Fisher, Team Leader Environmental Policy. Email robyn.fisher@huttcity.govt.nz
HFSP-Hamilton City Proposed District Plan (1999) [Reveal/Hide]
The Hamilton City Proposed District Plan (1999),Section 6.6, Hazardous Substances, incorporates the HFSP with all related worksheets and completed examples. It also includes rules and controls for radioactive substances, and addresses the issue of hazardous sub-facilities for the University Laboratories and Research Centres.
Contact Dale Arbury, Environmental Technical Officer, Environmental Health. Email dale.arbury@hcc.govt.nz
HFSP-Palmerston North City Operative District Plan [Reveal/Hide]
The Palmerston North City Operative District Plan is another example of where the HFSP has been used for a wide range of activities, and provides details on teaching/research laboratories using hazardous substances being Controlled Activities. Details are also provided for service stations as being exempt from the HFSP, but treated as a Controlled Activity for compliance with performance standards.
Contact: Peter Frawley, ph (06) 356 8199 ext 7735, email peter.frawley@pncc.govt.nz
HFSP-Tasman District Council [Reveal/Hide]
Tasman District Council has applied the HFSP calculation package as part of their web-based internal procedures.
For more information, contact Bob Askew at Tasman District Council on (03) 528-7700 or at bob.askew@tdc.govt.nz
HFSP-Tauranga District Plan (2002) [Reveal/Hide]
The Tauranga District Plan (2002) includes the HFSP and refers applicants to the 'Red Book' to calculate the effects ratio. The Plan also informs applicants that the calculation may require assistance from council staff.
Contact Roy Jackson, Monitoring Officer, Environmental Services. Email royj@tauranga.govt.nz
HFSP-Whakatane District Plan [Reveal/Hide]
The Whakatane District Plan Review of Business Zones: Plan Change No 50 to the Transitional District Plan (Underline Strikeout Version, January 2001), includes the HFSP with all worksheets, and has some references to the Environment Court yet to be resolved.
Contact David Bewley: davidb@whakatane-dc.govt.nz
RMA provisions
Under section 30, regional councils are to control:
...the use of land for the purposes of the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances.
Under section 31, territorial authorities are to control:
... any actual or potential effects of the use development or protection of land, including for the purpose of the avoidance or mitigation of natural hazards and the prevention or mitigation of the adverse effects of the storage, use, disposal, or transportation of hazardous substances
Section 15 is relevant for discharges of contaminants into the environment.
Section 62 requires the regional policy statement to state which local authority has primary responsibility for:
... controlling the use of land for the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances
Section 62 has been amended through the provisions of the HSNO Act 1996 and now requires the district councils to take primary responsibility for hazardous substances, not the regional councils.
Section 65 describes how a regional council may have other regional plans, also prepared in the manner set out in the First Schedule of the RMA.
Case law
No case law has yet been developed that specifically relates to the HFSP. However, the following cases may be of interest.
Auckland Regional Council v AFFCO Allied Products Ltd. CRN 9048006616-19
The company was prosecuted for the discharge of a hazardous substance (trade waste) into a stormwater system that discharged to an estuary. The court found that companies dealing with toxic substances must make every effort to ensure that the environment is protected.
Wrightson Seeds Ltd v Selwyn District Council. C032/01
An appeal was lodged against subdivision and land use consents on the grounds of reverse sensitivity, and the effects of an intensive spray programme on sensitive crops and on residential activity. This involved various hazardous facilities issues, and the research centre is a quarantine facility used for testing and monitoring genetically modified seed, new plant genetics and herbicides.
Bay of Plenty Regional Council v Claymark Industries Ltd. CRN 507007613
The company was prosecuted for the discharge of a hazardous substance onto an industrial site. The incident involved storage of highly toxic liquid where there was no bunding. The court ordered the company to develop an environmental site management plan.
Work in progress
The HFSP is constantly evolving. Get updates and changes through the HFSP Newsletter. Subscriptions are coordinated through the Ministry for the Environment, or email hfsp@mfe.govt.nz
Relevant publications
Land Use Planning Guide for Hazardous Facilities
Published by Ministry for the Environment - February 2002
A review of the 1995 document Land Use Planning for Hazardous Facilities, which introduced planning guidelines for hazardous facilities and the Hazardous Facility Screening Procedure.
Assessment guide for hazardous facilities
Published by Ministry for the Environment - March 2000
This guide provides the basis for assessing hazardous facilities which require a resource consent under the Resource Management Act 1991.
Information and guidance about working with the HSNO 1996 Act is available from:
Current challenges in practice
Transportation and disposal
The transportation of hazardous substances is difficult to enforce in a District Plan. The HFSP is related to hazardous facilities on a site, and does not easily address issues relating to transportation and disposal of hazardous substances.
Staff training
Using the HFSP is a specialised skill that requires scientific and engineering expertise. It is not a simple planning tool. Staff applying the HFSP may require some technical training, and must develop good working relationships with the relevant statutory planners, dangerous goods inspectors, and resource consent staff.
Contaminated sites
The HFSP is a screening tool for new hazardous facilities to prevent future site contamination i.e. the HFSP will identify which activities need further assessment by way of a resource consent. The HFSP does not address existing contaminated sites and associated land use issues. The challenge for contaminated site management is in relation to site remediation and changes in land use.
Monitoring
It is important to identify whether all sites with hazardous facilities comply with the relevant District Plan provisions, particularly HFSP levels set through the consent status indices. This involves monitoring of facilities - both known and those yet to be identified ie: where operators were unaware or in breach of District Plan provisions.
Addressing local circumstances
District Councils intending to use the HFSP model are to keep the HFSP methodology intact, but they must localise the consent status indices, and review the exceptions and exemptions for their particular district. The consent status indices are to be set accurately for each sector, zone or environmental area; and specialist help may be needed for this task.
District Councils also need to address any legislative linkages relevant to managing hazardous facilities in their district. This includes:
Acknowledgements and editorial comments
This guidance note was prepared by Richard Harkness, MWH New Zealand Ltd.
This guidance note was prepared in March 2003.
