Users’ Guide National Environmental Standard for Assessing ...

1 Users Guide National Environmental Standard for Assessing and managing Contaminants in soil to Protect Human Health April 2012 Prepared for the Ministry for the Environment by URS New Zealand Limited. This Guide may be cited as: Ministry for the Environment. 2012. Users Guide : National Environmental Standard for Assessing and managing Contaminants in soil to Protect Human Health. Wellington: Ministry for the Environment. Published in April 2012 by the Ministry for the Environment Manat M Te Taiao PO Box 10362, Wellington 6143, New Zealand ISBN: 978-0-478-37281-6 (print) 978-0-478-37282-3 (electronic) Publication number: ME 1092 Crown copyright New Zealand 2012 This document is available on the Ministry for the Environment s website: Users Guide .

2 NES for Assessing and managing Contaminants in soil to Protect Human Health iii Contents Terms used in the regulations 1 1 Introduction 4 Purpose of this document 4 Why the NES was developed 4 What the NES contains 7 When the NES applies 10 2 Overview of the regulations 12 Do the regulations apply? 13 How to determine applicable standards for contaminants in soil 21 Permitted activities 22 Activities requiring consent 27 3 Material incorporated by reference 31 HAIL 32 Methodology document 33 Petroleum Guidelines 34 CLMG Reporting 36 CLMG Hierarchy and Application of Guideline Values 37 CLMG Site Investigation and Analysis of Soils 38 Guideline documents not incorporated by reference 39 4.

3 How the NES relates to other statutory requirements 40 Resource Management Act 1991 40 Building Act 2004 43 5 Case studies 45 6 Good practice for councils 59 Sharing knowledge and experience 59 Information and database management 60 Interactions with landowners 62 Supporting templates 63 7 Monitoring and evaluation of the NES 65 Appendix A: Resource Management ( National Environmental Standard for Assessing and managing Contaminants in soil to Protect Human Health) Regulations 2011 70 iv Users Guide : NES for Assessing and managing Contaminants in soil to Protect Human Health Appendix B: soil contaminant standards 84 Appendix C: Hazardous Activities and Industries List (HAIL) 86 Appendix D: Reporting on contaminated sites under the NES 92 References 94 Users Guide : NES for Assessing and managing Contaminants in soil to Protect Human Health v Tables Table 1: Outcomes, indicators and preliminary monitoring plan 68 Table B1: Land-use scenarios 84 Table B2: soil contaminant standards for health (SCSs(health)) for inorganic substances 84 Table B3.

4 soil contaminant standards for health (SCSs(health)) for organic compounds 85 Figures Figure 1: Pathways by which contaminants in soil can affect human health 5 Figure 2: Key pillars of the NES 7 Figure 3: Determining resource consent requirements under the NES 12 Figure 4: Schematic example of how to establish the area to which the NES applies 14 Figure 5: Determining applicable Standard for soil contaminants under the NES 21 Figure 6: Reporting and consent requirements for activities involving subdivision or change of land use 52 Figure 7: Summary of permitted activity requirements 64 Figure 8: NES outcomes and objectives within the wider Ministry for the Environment policy framework 66 Figure 9: Reporting stages for activities under the NES 93 Users Guide : NES for Assessing and managing Contaminants in soil to Protect Human Health 1 Terms used in the regulations activity a.

5 For a current or proposed activity: one of the activities described in regulation 5 of the NES (subdivision, land-use change, soil disturbance, soil sampling or removing fuel storage systems) to which the NES applies. Examples of these activities are provided in Section of this Users Guide . b. For a hazardous activity: an activity listed in the HAIL that triggers application of the NES. Information on the HAIL is contained in Section , Section 3 and Appendix B of this Users Guide . applicable Standard The numerical value that is applicable for the current or intended land use. It is the concentration of a contaminant in soil , usually expressed as a weight of contaminant per weight of soil (eg, mg/kg), at or below which exposure to soil is acceptable for people.

6 Background concentration Naturally occurring ambient concentrations of the element in the area local to the land. See Section of this Users Guide for further discussion of the term. current edition Defined in regulation 3 of the NES as: the edition that has legal effect when the edition is being used. The current edition of documents that are referenced in the NES should be sourced from the Ministry for the Environment website: detailed site investigation Defined in regulation 3 of the NES as: an investigation that (a) is done by a suitably qualified and experienced practitioner; and (b) is done in accordance with the current edition of Contaminated Land Management Guidelines No.

7 5 Site Investigation and Analysis of Soils, Wellington, Ministry for the Environment; and (c) is reported on in accordance with the current edition of Contaminated Land Management Guidelines No. 1 Reporting on Contaminated Sites in New Zealand, Wellington, Ministry for the Environment; and (d) results in a report that is certified by the practitioner. A detailed site investigation involves intrusive techniques to collect field data and soil samples for analytical testing to determine the concentrations of contaminants of concern. 2 Users Guide : NES for Assessing and managing Contaminants in soil to Protect Human Health fuel storage system Defined in regulation 3 of the NES as: a system in which at least one of the following is underground: (a) a storage tank for aviation kerosene, diesel, kerosene, lubricating oil, or petroleum (b) the whole of the tank s ancillary equipment (c) part of the tank s ancillary equipment.

8 Guideline value Referred to in regulation 7(3)(a) and 7(4) of the NES as: soil contaminant concentration derived on a site-specific basis according to the Methodology, or a numerical value selected in accordance with the hierarchy described in the Contaminated Land Management Guideline Hierarchy and Application in New Zealand of Environmental Guideline Values. Once the appropriate value is selected for the land under the NES, this becomes the applicable Standard . See Section of this Users Guide for further discussion of the term. HAIL Defined in regulation 3 of the NES as: The current edition of the Hazardous Activities and Industries List, Wellington, Ministry for the Environment.

9 The HAIL is contained in Appendix C of this Users Guide , accompanied by a table that lists contaminants that are most likely used in each activity or industry. land use Defined in regulation 7 of the NES as: (a) the current use, if the activity the person wants to do is (i) to remove a fuel storage system from the piece of land or replace a fuel storage system in or on the piece of land (ii) to sample the soil of the piece of land (iii) to disturb the soil of the piece of land (b) the intended use, if the activity the person wants to do is (i) to subdivide land (ii) to change the use of the piece of land.

10 Methodology Defined in regulation 7 of the NES as: the current edition of the Methodology for Deriving Standards for Contaminants in soil to Protect Human Health, Wellington, Ministry for the Environment. See Section of this User s Guide for further discussion on the Methodology document. person Defined in regulation 3 of the NES as: The person referred to in regulation 5(1)(a). This is the person who wants to do one of the activities described in the NES on land to which the NES applies. Users Guide : NES for Assessing and managing Contaminants in soil to Protect Human Health 3 preliminary site investigation Defined in regulation 3 of the NES as: an investigation that (a) is done by a suitably qualified and experienced practitioner; and (b) is reported on in accordance with the current edition of Contaminated Land Management Guidelines No.