Schedule 1 - General Conditions of Consent

Section contents

S1.1 Introduction
S1.2 Access
S1.3 Accidents
S1.4 Alteration of any chamber, manhole, meter or device used for measurement
S1.5 Compliance with the consent
S1.6 Disputes
S1.7 Duration of consent
S1.8 Fees, charges and costs
S1.9 Indemnity of the Council
S1.10 Offences and penalties
S1.11 Review of decisions
S1.12 Transfer or termination of rights and responsibilities

S1.1 Introduction

These general conditions of consent apply to all controlled and conditional consents issued by the Council under the Wellington City Council Trade Waste Bylaw 2004.

S1.2 Access

The consent holder shall allow the Council access to the property at all times for the purpose of ascertaining whether the discharge of waste is in accordance with the terms and conditions of this consent.

S1.3 Accidents

S1.3.1 The consent holder shall inform the Council of any accident, including spills or process mishaps which may cause a breach of their consent in particular, or this Bylaw in general.

S1.3.2 The notification to the Council required in S1.3.1 shall occur as soon as practicable after the event, certainly within 1 hour and preferably within 1 hour. During the hours of 8.00am to 5.00pm, Council shall be notified. Outside these hours both the Council and the relevant wastewater treatment plant shall be notified.

S1.4 Alteration of any chamber, manhole, meter or device used for measurement

S1.4.1 If the consent holder of any trade premises wishes to alter, replace, repair or move the position of any measuring chamber, manhole, meter or device, the consent holder shall apply to Council for consent for the proposed alteration, replacement, repair or movement.

S1.4.2 Council shall not unreasonably refuse consent to an application made under S1.4.1.

S1.4.3 Council as a condition of consent to the application made under S1.4.1, may:

  1. require any necessary work to be carried out in such a manner as the Council may reasonably direct; and
  2. specify the means by which any monitoring of the characteristics of the discharge may be continued whilst such alteration, replacement, repair or movement is in progress.

S1.5 Compliance with the consent

S1.5.1 Except as provided for in S1.5.4, the discharge of waste by the consent holder to the wastewater system shall at all times comply with the terms of the consent.

S1.5.2 The consent holder shall submit to the Council at such times as the Council may require details of total water usage on the property and of the quality of waste discharge to the wastewater drainage system.

S1.5.3 The consent holder shall ensure that his/her drainage system including any pretreatment works or apparatus is designed, installed, maintained and operated, both in its component parts and its entirety, in accordance with the Bylaw and in compliance with the New Zealand Building Code.

S1.5.4 If the consent holder is unable to meet the terms of the consent for reasons that could not reasonably be foreseen, the consent holder may discharge the trade waste provided that:

  1. the Council is notified immediately of the need for such a discharge; and
  2. reasons for the discharge are substantiated and
  3. the Council gives its express approval to the discharge; and
  4. the consent holder complies with any conditions for the extraordinary discharge specified by the Council when giving its approval.

S1.6 Disputes

S1.6.1 Where a dispute arises as to the validity of the methods or procedures used for sampling or testing, or results of sampling or testing, the dispute shall be referred to an independent mediator agreed upon by the parties.

S1.6.2 Where mediation does not resolve the dispute to the satisfaction of both parties, the dispute shall be referred to an independent arbitrator agreed upon by the parties. Failing agreement, the dispute shall be referred to two arbitrators (one to be appointed by each party) and an umpire to be appointed by the arbitrators before their entering upon the reference.

S1.6.3 The parties shall share equally the costs of mediation and, should the dispute require arbitration, the parties shall share the costs of arbitration subject to any award or order that may be made as a result of arbitration.

S1.6.4 The arbitrators ruling shall be final.

S1.7 Duration of consent

The duration of any consent shall be twelve months. The provisions of the consent shall be operative as and from the commencement date specified and shall expire on the date specified.

S1.8 Fees, charges and costs

S1.8.1 The consent holder shall pay all fees and charges payable to the Council for the administration of the consent and for the conveyance, treatment and disposal of trade waste.

S1.8.2 All sums payable for fees and charges for wastewater services under this Bylaw shall be recoverable as a debt of the consent holder to the Council.

S1.8.3 Failure to pay fees and charges for wastewater services under this Bylaw will result in the withdrawal of the trade waste consent and services.

S1.8.4 The consent holder shall pay all costs associated with the:

  1. installation or upgrading of pretreatment facilities
  2. alteration of plumbing or drainage
  3. installation of inspection chambers, manholes or sampling points
  4. installation of water meters or other meters and associated maintenance or calibration costs
  5. provision and maintenance of services needed to operate meters, samplers and associated devices
  6. sampling, testing and analysis of discharge samples.

S1.9 Indemnity of the Council

S1.9.1 The consent holder shall not instigate any claim for damage, loss or injury of any kind against the Council that may arise as a result of the consent holder discharging trade waste into the wastewater system. Further, the consent holder shall indemnify the Council and keep the Council indemnified against all legal actions by any person or body that may arise as a consequence of the consent holder discharging waste into a sewer.

S1.9.2 The consent holder shall not claim payment or compensation from the Council for or in respect of the exclusion of any trade waste from a sewer during the examination, alteration, repair or maintenance of the wastewater system.

S1.9.3 Where for any reason the consent ceases to be valid then the Council may request the consent holder to immediately disconnect the pipes and equipment used to discharge trade waste into the wastewater system. In the event of his failure to do so, the Council may enter upon such property and carry out works at the expense of the consent holder that may be necessary to prevent the discharge of waste into the sewer.

S1.9.4 The Council may repair any damage to any part of the wastewater system caused by the discharge of trade waste that failed to comply with the terms and conditions of its consent. The Council shall determine the cost and expense of such repair and such determination shall be final and conclusive to such the amount that shall be paid by the consent holder on demand to the Council.

S1.10 Offences and penalties

S1.10.1 Every person who fails to comply with this bylaw or breaches any condition of a consent granted under the bylaw, may be prosecuted under the Local Government Act 2002 and is liable for the penalties set out in the Local Government Act 2002.

S1.11 Review of decisions

If any person is dissatisfied with a decision of an authorised officer, that person may, request the Chief Executive Officer of the Council to review any such decision. The notice shall be delivered to the Chief Executive Officer not later than 20 days after the decision of the authorised officer has been received. The decision of the Chief Executive Officer shall be final.

S1.12 Transfer or termination of rights and responsibilities

S1.12.1 Unless written approval is obtained from the Council the consent holder shall not:

  1. transfer the rights and responsibilities provided for under this Bylaw and under their consent to any other party
  2. allow a point of discharge to serve another premises, or the private sewer to that point to be extended by pipe or any other means to serve another premises.

S1.12.2 The transfer of a consent on change of ownership of a premises shall be granted if the characteristics of the wastewater remain unchanged from those authorised by the consent.

S1.12.3 The consent holder shall give forty-eight hours notice in writing to the Council of their requirement for disconnection of the discharge connection and/or termination of the consent and shall notify the Council of any new contact details.

S1.12.4 When the consent holder of any property from which waste is discharged into a wastewater drainage system ceases to occupy such property then this consent shall, save and except for the terms and conditions still to be performed by the consent holder, be at an end.