The Wellington City Council makes the following bylaw under the authority of and in accordance with the provisions of the Local Government Act 2002 and the Bylaws Act 1910.
The Wellington City Council Trade Waste Bylaw 2004.
1.2 Commencement and application
- This Bylaw comes into force on 1 July 2004
- This Bylaw applies throughout the district of the Wellington City Council except the Northern Zone (refer Schedule 5 for details) where the Schedules I, II and III of the Porirua City Trade Waste Bylaw 1990 (refer Schedule 6) shall apply, rather than Schedules 2 and 3 of this bylaw.
1.3 Purpose of the bylaw
The purpose of the Trade Waste Bylaw is to control trade waste discharges into the wastewater system to protect:
- sewers, pumping stations, storage tanks, wastewater treatment plants and other related wastewater system structures
- workers operating in or with the wastewater system
- the environment by ensuring the necessary Resource consents are met.
The bylaw also provides a basis for charging persons who use the wastewater system and a basis for the introduction and implementation of the New Zealand Waste Strategy.
The following Bylaw is revoked: Wellington City Council: Wellington Trade Waste Bylaw 1992.
1.5 Scope of the bylaw
The Bylaw provides for the:
- acceptance of long-term, intermittent, or temporary discharge of trade waste to the wastewater system
- establishment of three grades of trade waste: controlled, conditional and prohibited
- evaluation of individual trade waste discharges to be against specified criteria
- correct storage of materials in order to protect the wastewater system from spillage
- installation of flow meters, samplers or other devices to measure flow and quality of the trade waste discharge
- pretreatment of waste before it is accepted for discharge to the wastewater system
- sampling and monitoring of trade waste discharges to ensure compliance with the Bylaw
- Council to accept or refuse a trade waste discharge
- charges to be set to cover the cost of conveying, treating and disposing of or reusing trade waste and the associated costs of administration and monitoring
- administrative mechanisms for the operation of the Bylaw
- establishment of waste minimisation and management programmes for trade waste producers.
1.6.1 For the purposes of the Wellington City Council Trade Waste Bylaw 2004 the following definitions shall apply:
Note: Words in italics in these definitions are also defined.
'Access point' means a place where access may be made to a private sewer for inspection (including sampling or measurement), cleaning or maintenance that meets the requirements of the New Zealand Building Code.
'Approval or approved' means approved in writing by an authorised officer of the Council.
'Authorised agent' means any person appointed by an authorised officer.
'Authorised officer' means any person appointed by the Chief Executive of the Council for the purposes of acting as an authorised officer under this Bylaw.
'BS 5728' means the latest edition, complete with any amendments, of British Standard 5728 - Measurement of flow of cold potable water in closed conduits:
Part 3:1997 Methods for determining principal characteristics of single mechanical water meters (including test equipment).
'Characteristic' means any of the physical or chemical characteristics of a trade waste referred to in Schedules 2 and 3.
'Condensing water or cooling water' means any water used in any trade, industry, or commercial process or operation in such a manner that it does not take up matter into solution or suspension.
'Conditional trade waste' means trade waste that has, or is likely to have, characteristics which exceed any of the controlled trade waste characteristics defined in Schedule 2, but which does not have any characteristics of a prohibited trade waste defined in Schedule 3.
'Consent' means a consent in writing given by the Council authorising a consent holder to discharge trade waste to the wastewater system.
'Consent holder' means a person who has obtained a consent for the discharge of trade waste to the wastewater system.
'Controlled trade waste' means a trade waste with physical and chemical characteristics that complies with the requirements of wastes in Schedule 2 of this Bylaw.
'Council' means the Wellington City Council.
'Discharge Management Plan' means a plan for the monitoring, programming and controlling of the production of trade waste by the consent holder that is acceptable to the Council.
'Disconnection' means the physical cutting and/or sealing of the private sewer from the wastewater system.
'Domestic Wastewater' means either wastewater that is typical of that discharged from premises that are used solely for residential activities or wastewater of the same character discharged from other premises.
'IANZ' means International Accreditation New Zealand.
'Independent Analyst' means an IANZ accredited test laboratory appointed for the purposes of sampling and testing wastewater in accordance with the requirements of this Bylaw.
'ISO 5667' means the latest edition, complete with any amendments, of International Standard ISO 5667: 1994 Water quality - Sampling:
Part 1: 1980 Guidance on the design of sampling programmes.
Part 2: 1991 Guidance on sampling techniques.
Part 3: 1994 Guidance on the preservation and handling of samples.
Part 10: 1992 Guidance on sampling of waste waters.
'ISO TR 9824' means the latest edition, complete with any amendments, of International Standard ISO TR 9824: Measurement of liquid flow in open channels:
Part 1: 1990 Measurement of free surface flow in closed conduits - Methods.
Part 2: 1990 Measurement of free surface flow in closed conduits - Equipment.
'Local Government Act' means the Local Government Act 2002.
'Mass limit' means the total mass of any characteristic that is allowed to be discharged to the wastewater system over any twenty-four hour period from any single point of discharge or collectively from several points of discharge.
'Maximum concentration' means the peak concentration of any characteristic that may not be exceeded.
'National Radiation Guidelines' means the latest edition, complete with any amendments of NRL C1:1996 Code of safe practice for the use of unsealed radioactive materials, National Radiation Laboratory.
'New Zealand Waste Strategy' means a programme established by the Ministry for the Environment that requires effective waste management, recycling and reuse of waste.
'NZS 4304' means the latest edition, complete with any amendments, of New Zealand Standard 4304:2002 Management of healthcare waste.
'NZS 10012' means the latest edition, complete with any amendments, of New Zealand Standard NZS 10012:1993 Quality assurance requirements for measuring equipment:
Part 1: 1993 Metrological confirmation system for measuring equipment.
'Person' includes a corporation sole and also a body of persons whether corporate or incorporate.
'Point of discharge' is the physical point where a trade waste discharge enters the wastewater system.
'Pretreatment' means any processing of trade waste designed to reduce any characteristic in a waste, before discharge to the wastewater system.
'Premises' means either:
- a property or allotment which is held under a separate certificate of title or for which a separate certificate of title may be issued and in respect to which a building consent has been or may be issued, or
- a building that has been defined as an individual unit by a cross-lease, unit title or company lease and for which a certificate of title is available, or
- land held in public ownership (for example reserve) for a particular purpose, or
- separately leased, individual units within buildings.
'Private sewer' means that section of a sewer between the premises and the wastewater system.
'Prohibited trade waste' means a trade waste having physical and chemical characteristics as defined in Schedule 3 of this Bylaw.
'Publicly notified' means published on at least one occasion in a newspaper circulating in the Council's district, or under emergency conditions by the most practical means available at that time.
'Receiving waters' means coastal waters or any natural waters which will receive treated wastes.
'Sewage sludge' means the material settled out from wastewater during the treatment process.
'Standard methods for the examination of water and wastewater' means the latest edition, complete with any amendments and Supplements as published by the American Water Works Association/American Public Health Association/Water Environment Federation.
'Stormwater' means all surface water run-off resulting from precipitation.
'Tankered waste' is water or other liquid that has waste matter in solution or suspension and which is conveyed by vehicle for disposal.
'Temporary discharge' means any discharge of an intermittent or short duration. Such discharges include the short-term discharge of an unusual waste from premises subject to an existing consent and the discharge of tankered wastes.
'Trade premises' means any premises used or intended to be used (whether for profit or not) for carrying on any trade, business, education, research or industry and includes any land or premises wholly or mainly used for agricultural or horticultural purposes.
'Trade waste' means any liquid, with or without matter in suspension or solution therein, that is or may be discharged from trade premises in the course of any trade or industrial process or operation or in the course of any activity or operation of a like nature.
'Wastewater' means any water with matter in solution or suspension, domestic wastewater, or liquid trade waste.
'Waste minimisation' means the implementation on trade premises, of operations, methods and processes appropriate to the goal of reducing or eliminating the quantity and toxicity of wastes.
'Wastewater system' means all sewers, pumping stations, storage tanks, wastewater treatment plants, sea outfalls and other related structures owned by the Council and used for the reception, treatment and disposal of wastewater.
'Zones' means the drainage catchment areas of Wellington City that are served by separate wastewater treatment plants, see map in Schedule 5.