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.
Wellington City Council Trade Waste Bylaw 2016 (197KB PDF)
2. Compliance with the Bylaw
3. Trade waste consents
4. Wastewater quality measurement
5. Sampling, testing and monitoring
6. Bylaw administration
Schedule 1 – Trade waste discharge characteristics
Schedule 2 – Prohibited characteristics
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 2016.
1.2 Commencement and application
(a) This Bylaw comes into force on 1 July 2016.
(b) This Bylaw applies throughout the district of the Wellington City Council.
1.3 Purpose of the Bylaw
The purpose of this Bylaw is to:
(a) Control trade waste discharges into the wastewater system to:
- (i) Protect the wastewater system
- (ii) Promote cleaner production
- (iii) Protect the stormwater system
- (iv) Protect workers operating in or with the wastewater system
- (v) Protect the environment by ensuring compliance with the Resource Management Act 1991 - in particular, ensuring the necessary resource consent requirements for the wastewater system are met.
(b) Provide a basis for:
- (i) Consenting and monitoring discharges from industry and trade premises;
- (ii) Charging trade waste users of the wastewater system to cover the cost of conveying, treating and disposing of or reusing their wastes; and
(c) Ensure that the costs of treatment and disposal are shared fairly between trade waste and domestic wastewater dischargers.
The Wellington City Council: Wellington Trade Waste Bylaw 2004 is revoked from Midnight on 30 June 2016.
1.5 Scope of the Bylaw
This Bylaw provides for:
- (a) The acceptance of long-term, intermittent, or temporary discharge of trade waste to the wastewater system
- (b) The establishment of four grades of trade waste discharge: permitted, controlled, conditional and prohibited
- (c) The evaluation of individual trade waste discharges against specified criteria
- (d) The correct storage of materials in order to protect the wastewater and stormwater systems from spillage
- (e) The installation of flow meters, samplers or other devices to measure flow and quality of the trade waste discharge
- (f) The pre-treatment of waste before it is accepted for discharge to the wastewater system
- (g) The sampling and monitoring of trade waste discharges to ensure compliance with the Bylaw
- (h) The Council to accept or refuse a trade waste discharge
- (i) 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
- (j) Administrative mechanisms for the operation of the Bylaw
- (k) The establishment of waste minimisation and management programmes for trade waste producers by way of trade waste discharge consent conditions
- (l) The power of the Council to enter into trade waste agreements with trade waste dischargers
1.5.2 Compliance with other Acts
Nothing in this Bylaw shall derogate from any of the provisions of the Health Act 1956, the Health and Safety in Employment Act 1992, the Health and Safety at Work Act 2015, the Resource Management Act 1991, the Building Act 2004, and the Hazardous Substances and New Organisms Act 1996 (including any Acts passed by way of amendment to or in substitution therefor) and any regulations made thereunder or any other relevant statutory or regulatory requirements. In the event of any inconsistency between legislation and this Bylaw the more stringent requirement applies.
For the purposes of this Bylaw the following definitions shall apply:
‘Approval or approved’ means approved in writing by an authorised officer of the Council.
‘Authorised officer’ means any person appointed by the Council for the purposes of acting as an authorised officer under this Bylaw.
‘Characteristic’ means any of the physical or chemical characteristics of a trade waste referred to in Schedules 2 and 3.
‘Cleaner production’ means the implementation on trade premises, of effective operations, methods and processes appropriate to the goal of reducing or eliminating the quantity and toxicity of wastes. “Cleaner Production” minimises and manages trade waste by:
- (a) Using energy and resources efficiently, avoiding or reducing the amount of wastes produced;
- (b) Producing environmentally sound products and services;
- (c) Achieving less waste, fewer costs and higher profits
‘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 a trade waste discharge that does not comply with one or more of the physical and chemical characteristics set out in Schedule 1 and/or has a maximum volume of trade waste of more than 5000L/day, but which does not have any characteristics of a prohibited trade waste defined in Schedule 2.
‘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 trade waste discharge consent from the Council under this Bylaw for the discharge of trade waste to the wastewater system.
‘Controlled trade waste’ means a trade waste discharge that complies with all the physical and chemical characteristics set out in Schedule 1 and has a maximum volume of trade waste of more than 100L/day but less than 5000L/day.
‘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 section of a sewer between the premises and 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.
‘Foul water’ means the discharge from any sanitary fixture
‘Independent analyst’ means an International Accreditation New Zealand accredited test laboratory appointed for the purposes of sampling and testing wastewater in accordance with the requirements of this Bylaw.
‘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.
'Office of Radiation Safety 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.
‘Permitted trade waste' means a trade waste discharge that complies with all the physical and chemical characteristics set out in Schedule 1 and does not exceed the maximum permitted volume of trade waste of 100L/day.
‘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.
‘Pre-treatment’ means any processing of trade waste designed to reduce any characteristic in a waste, before discharge to the wastewater system.
'Premises’ means either:
- (a) 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
- (b) 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
- (c) land held in public ownership (for example reserve) for a particular purpose, or
- (d) separately leased, individual units within buildings.
‘Prohibited trade waste’ means a trade waste having physical and chemical characteristics as defined in Schedule 2 of this Bylaw. A prohibited trade waste discharge cannot be undertaken and no consent can be sought for a prohibited trade waste discharge.
‘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.
‘Sewer’ means the pipework drainage system that conveys wastewater.
‘Stormwater’ means all surface water run-off resulting from precipitation.
‘Stormwater system’ means infrastructure for the provision and management of stormwater collection, treatment and disposal.
‘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 trade waste discharge consent and the discharge of tankered wastes.
‘Trade premises’ includes:
- (a) Any premises used or intended to be used for any industrial or trade purpose; and
- (b) Any premises used or intended to be used for the storage, transfer, treatment, or disposal of waste materials or for other waste management purposes, or used for composting organic materials; and
- (c) Any other premises from which a contaminant is discharged in connection with any industrial or trade process; and
- (d) Any other premises discharging other than domestic wastewater,
and includes any land or premises wholly or mainly used for agricultural or horticultural purposes, but does not include any part of the Council’s wastewater system or treatment facilities.
‘Trade waste’ means any liquid, with or without matters in suspension or solution, that is or may be discharged from a trade premises to the wastewater system in the course of any trade, business or industry, or any industrial or commercial process or operation, or in the course of any activity or operation of a like nature; but does not include condensing water or surface water which is discharged directly into a surface-water drain; but may include condensing or cooling waters, tankered wastes, stormwater which cannot be practically separated, or domestic wastewater.
'Trade waste discharge consent' means a consent granted by Council under this Bylaw allowing the discharge of controlled or conditional trade waste to the wastewater system.
‘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.
$/kg – dollars per kilogram
$/L/s – dollars per litre per second
$/m3 – dollars per cubic metre
oC – degrees Celsius
B – Boron
BOD5 – Biochemical Oxygen Demand
Br2 – Bromine
Cl2 – Chlorine
CN – Cyanide
COD – Chemical Oxygen Demand
F – Fluoride
FOGs – fats, oils and greases
g/m3 – grams per cubic metre
H2S – Hydrogen Sulphide
hr – hour
kg/day – kilogram per day
L – litre
L/s – litre per second
LGA – Local Government Act 2002
m3 – cubic metre
mg/L – milligram per litre
mL/L – millilitre per litre
N – Nitrogen
P – Phosphorus
pH – measure of acidity/alkalinity
SO4 – Sulphate
SS – suspended solids concentration
UVT – ultra violet transmission
2. Compliance with the Bylaw
2.1 Control of trade waste discharges
2.1.1 Restrictions on discharges of trade waste
No person shall:
- (a) Discharge, or allow to be discharged, any permitted trade waste to the wastewater system, except in accordance with the provisions of this Bylaw.
- (b) Discharge, or allow to be discharged, any controlled trade waste or conditional trade waste to the wastewater system except in accordance with a trade waste discharge consent or in accordance with the provisions of a Trade Waste Agreement.
- (c) Discharge, or allow to be discharged, a prohibited trade waste into the wastewater system.
- (d) Add or permit the addition of condensing or cooling water to any trade waste, unless specific approval is given in a trade waste discharge consent.
- (e) Add or permit the addition of stormwater to any trade waste unless specific approval is given in a trade waste discharge consent.
2.1.2 Other requirements may apply
Granting a trade waste discharge consent or permitting any trade waste discharge under this Bylaw does not relieve the person discharging or allowing the discharge, from any obligations to obtain any other consent or permission for the discharge under any other statutory requirement.
2.2 Storage, transport, handling and use of harmful materials
- (a) No person shall store, transport, handle or use, or cause to be stored, transported, handled or used any of the materials listed in 2.2(c) in a manner that may cause the material to enter the wastewater system or stormwater system and cause harmful effects.
- (b) All persons in trade premises shall take all reasonable steps to prevent the accidental discharge of any of the materials listed in 2.2(c) of this Bylaw as a result of leakage, spillage or other mishap.
- (c) Materials referred to in 2.2 (a) and (b) are those:
- (i) products or wastes containing corrosive, toxic, biocidal, radioactive, flammable or explosive materials, or
- (ii) likely to generate toxic, flammable, explosive or corrosive materials in quantities likely to be hazardous, when mixed with the wastewater stream, or
- (iii) likely to be deleterious to the health and safety of the Council’s staff and the public or be harmful to the wastewater system, stormwater system or environment.
3. Trade waste consents
3.1 Classification of trade waste discharges
Trade waste discharges shall be classified as one of the following types:
- (a) Permitted trade waste - a trade waste discharge consent is not required provided that the discharge complies with all the physical and chemical characteristics set out in Schedule 1 and does not exceed a maximum volume of trade waste of 100L/day.
- (b) Controlled trade waste - trade waste that complies with all the physical and chemical characteristics set out in Schedule 1 and has a maximum volume of trade waste of more than 100L/day but less than 5000L/day.
- (c) Conditional trade waste - trade waste that does not comply with one or more of the physical and chemical characteristics set out in Schedule 1 and/or has a maximum volume of trade waste of more than 5000L/day, but which does not have any characteristics of a prohibited trade waste defined in Schedule 2. Conditional trade waste discharge consents shall include consents for temporary discharges.
- (d) Prohibited trade waste - trade waste that has, or is likely to have, any of the physical and chemical characteristics as set out in Schedule 2 of this Bylaw. A prohibited trade waste discharge cannot be undertaken and no consent can be sought for a prohibited trade waste discharge.
3.2 Application for a trade waste discharge consent
3.2.1 Formal application
Every person who does, or proposes or is likely, to:
- (a) Discharge or allow to be discharged into the wastewater system any controlled or conditional trade waste (either continuously, intermittently or temporarily); or
- (b) Vary the characteristics of a discharge for which a trade waste discharge consent has previously been granted; or
- (c) Want to vary the conditions of a trade waste discharge consent that has previously been granted; or
- (d) Change the method or means of pre-treatment for discharge under an existing trade waste discharge consent
shall, complete an application for consent to the discharge of that trade waste if that trade waste is a controlled or conditional trade waste, or to the proposed variations, in a form prescribed by the Council and accompanied by all relevant information required by the Council to make its decision.
3.2.2 Several trade waste discharges
Where the trade premises produces trade waste from more than one area, a separate description of each area of trade waste shall be included in any application for a trade waste discharge consent. This applies whether or not the separate areas are part of a single or separate trade process. Should the premises discharge trade wastes to the wastewater system at more than one point of discharge then a separate application is required for each point of discharge.
3.2.3 Applicant to be intended consent holder
The applicant must be the intended consent holder who is the person responsible for discharging the trade waste.
3.2.4 Payment of trade waste discharge consent application fee
Every application under 3.2.1 above shall be accompanied by the trade waste discharge consent application fee prescribed by the Council.
3.3 consent if discharge alters from a permitted trade waste discharge
The Council may at any time require a person discharging trade waste as a permitted trade waste discharge to apply for a trade waste discharge consent in accordance with clause 3.2 if that discharge ceases to be a permitted trade waste discharge and is not a prohibited trade waste discharge.
3.4 Information and analysis
3.4.1 Power to require independent advice
The Council may require an application to be supported by an independent report/statement completed by a suitably experienced and external auditor to verify any or all information supplied by the applicant, and this may include a discharge management plan.
3.4.2 Requirement for further information
On the receipt of any application referred to in 3.2.1(a)-(d) above, the Council may do any one or more of the following:
- (a) Require the applicant to submit any additional information which it considers necessary to reach an informed decision;
- (b) Require the applicant to submit a discharge management plan to the satisfaction of the Council;
- (c) Have the trade waste discharge investigated and analysed as provided for in this Bylaw (at the consent holder’s expense).
3.5 Consideration of an application
Within 20 working days of receipt of an application complying with this Bylaw and/or all requirements under clauses 3.2 and 3.4, whichever is the later, the Council shall, after considering the matters in clause 3.6, do any one or more of the following:
- (a) Advise the applicant that the proposed discharge is a permitted trade waste discharge and therefore a trade waste discharge consent is not required; or
- (b) Grant the application as a controlled or conditional trade waste discharge consent and inform the applicant of the decision and the conditions imposed on the discharge; or
- (c) Decline the application and notify the applicant of the decision giving a statement of the reasons for refusal,
- (d) Reject the application on the basis that the discharge is a prohibited trade waste discharge, or
- (e) Reject the application on the basis that the discharge is a prohibited trade waste discharge.
3.6 Consideration criteria
In considering any application under 3.2.1(a)-(d) above and in imposing any conditions on such a consent, the Council shall take into consideration the quality, volume, and rate of discharge of the trade waste from the trade premises or tanker and may take into consideration:
- (a) The health and safety of Council’s staff, agents and the public;
- (b) The limits and/or maximum values for characteristics of trade waste as specified in Schedules 1 and 2 of this Bylaw;
- (c) The extent to which the trade waste may react with other trade waste or domestic wastewater discharges to produce an undesirable effect, e.g. settlement of solids, production of odours, accelerated corrosion and deterioration of the wastewater system etc.;
- (d) The flows and velocities in the sewer, or sewers and the material or construction of the sewer or sewers;
- (e) The capacity of the wastewater system
- (f) The nature of any sewage treatment process, the degree to which the trade waste is capable of being treated in the relevant wastewater system and any impacts on the relevant wastewater system;
- (g) The timing and balancing of flows into the wastewater system;
- (h) Any statutory requirements relating to the discharge of raw or treated wastewater to receiving waters, the disposal of sewage sludges, beneficial use of biosolids, and any discharge to air (including the necessity for compliance with any resource consent, discharge permit or water classification);
- (i) The effect of the trade waste discharge on the ultimate receiving environment;
- (j) The conditions on resource consents for the wastewater system and the residuals from it;
- (k) The possibility of unscheduled, unexpected or accidental events and the degree of risk these could cause to humans, the wastewater system and the environment;
- (l) Consideration for other existing or future discharges;
- (m) Amenability of the trade waste to pre-treatment;
- (n) The provision of suitable pre-treatment facilities on the premises and the potential for its future use;
- (o) Cleaner production techniques and waste minimisation practices;
- (p) Requirements and limitations related to sewage sludge disposal and reuse;
- (q) Control of Stormwater;
- (r) The applicant’s discharge management plan; and
- (s) Tankered waste being discharged at an approved location.
3.7 Compliance waiver
3.7.1 Application to waive need for trade waste discharge consent
An application to the Council can be made to waive compliance with the requirement to obtain a trade waste discharge consent under this Bylaw on the basis that due to the nature, volume or other circumstance/characteristic, it would needlessly affect the operation of any business or cause inconvenience to any person, without any corresponding reduction of impact on the operation of the wastewater system.
3.7.2 Decision of Council
On receipt of an application under clause 3.7.1, the Council may:
- (a) Waive the need to observe requirement for a trade waste discharge consent under this Bylaw, and
- (b) Impose such other terms or conditions consistent with the intention and purpose of the Bylaw as the Council may think fit.
3.8 Conditions of trade waste consent
Any trade waste discharge consent may be granted subject to any conditions the Council considers appropriate. Conditions that the Council may impose include, but are not limited to:
- (a) The particular public sewer or sewers to which the discharge will be made;
- (b) The maximum daily volume of the discharge, the maximum rate of discharge, and the duration of maximum discharge;
- (c) The maximum limit or permissible range of any specified characteristics of the discharge, including concentrations and/or mass limits determined in accordance with clause 4.3;
- (d) The period or periods of the day during which the discharge, or a particular concentration, or volume of discharge may be made;
- (e) The degree of acidity, or alkalinity of the discharge at the time of discharge;
- (f) The temperature of the trade waste at the time of discharge;
- (g) The provision and maintenance by, or for the consent holder (at the consent holder’s expense) of screens, grease traps, silt traps or other pre-treatment works to control trade waste discharge characteristics to the consented levels;
- (h) The provision and maintenance (at the consent holder’s expense) of inspection chambers, manholes or other apparatus or devices to provide reasonable access to drains for sampling and inspection;
- (i) The provision and maintenance of a sampling, analysis and testing programme and flow measurement requirements (at the consent holder’s expense);
- (j) The method or methods to be used for the measuring of flow rates and/or volume and taking samples of the discharge for use in determining the amount of any trade waste charges applicable to that discharge;
- (k) The provision and maintenance (at the consent holder’s expense) of such meters or devices as may be required to measure the volume or flow rate of any trade waste being discharged from the premises, and for the testing and certification of such meters;
- (l) The provision and maintenance (at the consent holder’s expense) of such services, (whether electricity, water or compressed air or otherwise), which may be required, in order to operate meters and similar devices;
- (m) The provision by the consent holder to the Council of all flow and/or volume records and results of analyses (including pre-treatment by-products e.g. sewage sludge disposal) at the times and in a manner and format approved by the Council;
- (n) The provision and implementation of a discharge management plan;
- (o) Risk assessment of damage to the environment due to an accidental discharge of a chemical or other contaminant;
- (p) Appropriate systems for waste minimisation and management;
- (q) Provision for cleaner production techniques;
- (r) Provision for third party treatment, carriage, discharge or disposal of by-products of pre-treatment of trade waste (including sewage sludge disposal);
- (s) Requirement to provide a bond or insurance in favour of the Council where failure to comply with the trade waste discharge consent could result in damage to the wastewater system, its treatment plants, or could result in the Council being in breach of any statutory obligation;
- (t) Provision for remote monitoring of discharges; and
- (u) Provision for Council’s monitoring costs to be recovered.
3.9 Duration of trade waste discharge consents
Subject to clauses 2.1.2, 3.10, 3.11 and 6.1, controlled and conditional trade waste discharge consents shall remain in force until they expire at the end of the term prescribed in the trade waste discharge consent, being a term of no more than two years. However, the trade waste discharge consent may be granted for a term not exceeding five years where a consent holder, at the time of the application, satisfies the Council that:
- (a) The nature of the trade activity, or the process design and/or management of the premises are such that the consent holder has a demonstrated ability to meet the conditions of the trade waste discharge consent during its term; and/or
- (b) Cleaner production techniques are successfully being utilised, or that a responsible investment in cleaner production equipment or techniques is being made; and/or
- (c) Significant investment in pre-treatment facilities has been made, such that a longer period of certainty for the amortization of this investment is considered reasonable.
3.10 Technical review and variation
3.10.1 Reclassification or variation
The Council may at any time during the term of a trade waste discharge consent, after consulting with the consent holder and by written notice to the consent holder, reclassify the discharge and/or vary any condition of the trade waste discharge consent having regard to issues such as:
- (a) Changes in the quantity, nature and characteristics of the discharge
- (b) Changes in the wastewater system
- (c) Changes in circumstances that result in condition(s) becoming inappropriate or unnecessary
- (d) Any apparent or actual breach of trade waste discharge consent conditions or any breach of this Bylaw
- (e) Changes in the Council’s environmental policies or outcomes
- (f) Changes in resource consents for the wastewater system
- (g) Changes in the legal requirements imposed on the Council under any contract, statute or otherwise.
- (h) New information becomes available
3.10.2 Variation of conditions
The consent holder may seek to vary any condition of a trade waste discharge consent at any time during the term of a consent by written application to the Council, as provided for in 3.2.1 (c) of this Bylaw.
3.11 Suspension or cancellation of a trade waste discharge consent or right to discharge
3.11.1 Suspension or cancellation on notice
The Council may suspend or cancel any trade waste discharge consent or right to discharge at any time following 20 working days’ notice to the consent holder:
- (a) For the failure to comply with any condition of the trade waste discharge consent or trade waste agreement or with any provision of this Bylaw;
- (b) For the failure to maintain effective control over the discharge;
- (c) For the failure to limit the volume, nature, or composition of trade waste being discharged in accordance with the conditions of the trade waste discharge consent or this Bylaw;
- (d) For any acts or omissions which, in the opinion of the Council, threaten the safety of, or threaten to cause damage to any part of the wastewater system or threaten the health or safety of any person, or are likely to cause, or have caused, adverse effects on the environment;
- (e) For any acts or omissions which, in the opinion of the Council, may result, or have resulted, in the Council being in breach of a resource consent in relation to the wastewater system;
- (f) For any failure to pay any charges under this Bylaw; or
- (g) If any other circumstances arise which, in the opinion of the Council, render it necessary to cancel or suspend the right to discharge, and such suspension or cancellation shall take effect on the expiry of such period as the Council thinks fit (being not earlier than 20 working days’ after service of the notice on the consent holder or person discharging the trade waste).
3.11.2 Summary cancellation
Notwithstanding the provisions of clause 3.11.1, the Council may cancel any trade waste discharge consent or right to discharge (either as a permitted trade waste discharge or in terms of a trade waste agreement) with immediate effect by giving written notice to the consent holder or person discharging if any of the following occur:
- (a) That person discharges or permits to be discharged any prohibited trade waste; or
- (b) The Council is lawfully directed to withdraw or otherwise to terminate the trade waste discharge consent; or
- (c) That person discharges any trade waste unlawfully; or
- (d) In the opinion of the Council, the continuance of discharge endangers, or is likely to endanger, the health or safety of any person, damages or is likely to cause damage to the wastewater system, causes, or is likely to cause, adverse effects on the environment; or
- (e) The continuance of discharge may, in the opinion of the Council, result in a breach of a resource consent held by the Council for the wastewater system; or
- (f) In the opinion of the Council, the continuance of the discharge puts at risk the ability of the Council to comply with conditions of a resource consent for the wastewater system and/or requires identified additional treatment measures or costs to seek to avoid a breach of any such resource consent.
3.11.3 Physical prevention of discharge
In the event of failure to comply with clause 3.11.1 or 3.11.2 the Council may physically prevent discharge to the wastewater system, by whatever means it deems appropriate in the circumstances.
3.12 Trade waste agreements
3.12.1 Written agreement
The Council may, at any time and at its discretion, enter into a written agreement with any trade waste discharger for the discharge and reception of trade wastes into the wastewater system. Any such agreement will be in place of a trade waste discharge consent.
3.12.2 Agreement in force
Any agreement with the Council to discharge trade waste into the wastewater system which was in force immediately prior to the commencement of this Bylaw, is, for the purpose of this Bylaw, treated as if it were a trade waste agreement referred to in sub clause (1).
4. Wastewater quality measurement
4.1.1 Appropriate pre-treatment
The Council may approve a trade waste discharge consent subject to the provision of appropriate pre-treatment systems to enable the discharger to comply with the Bylaw. Such pre-treatment systems shall be provided, operated and maintained by the discharger at their expense.
4.1.2 Refuse or garbage grinders and macerators
Refuse or garbage grinders and macerators shall not be used to dispose of solid waste from trade premises to the wastewater system unless approved by the Council.
4.1.3 Additions to trade waste stream
The consent holder shall not, unless approved by the Council, add or permit the addition of any potable, condensing, cooling water or stormwater to any trade waste stream in order to vary the level of any characteristic of the waste.
4.2 Measurement of waste quality
Wastewater quality shall be determined by either:
- (a) Measuring the concentration of its characteristics alone, refer to Schedules 1 and 2; or
- (b) Measuring both mass and concentration of its characteristics.
4.3 Mass limits
4.3.1 Consents may specify mass limits
A controlled or conditional trade wastes discharge consent may specify a mass limit for any characteristic.
When setting mass limit allocations for a particular characteristic the Council will consider:
- (a) The operational requirements of and risk to the wastewater system,
- (b) Potential risks to occupational health and safety, public health, and the ultimate receiving environment;
- (c) Whether or not the levels proposed pose a threat to the planned or actual beneficial reuse of biosolids or sewage sludge;
- (d) Conditions in the wastewater system near the trade waste point of discharge and elsewhere in the wastewater system;
- (e) Whether or not the applicant uses or proposes to use cleaner production techniques within a period satisfactory to the Council;
- (f) Whether or not there is any net benefit to be gained by the increase of one characteristic concurrently with the decrease of another to justify any increased application for industrial capacity;
- (g) Any requirements of the Council’s resource consents to reduce any contaminant discharge of the wastewater system;
- (h) How great a proportion the mass flow of a characteristic of the discharge will be of the total mass flow of that characteristic in the wastewater system;
- (i) The total mass of the characteristic allowable in the wastewater system, and the proportion (if any) to be reserved for future allocations; and
- (j) Whether or not there is an interaction with other characteristics which increases or decreases the effect of either characteristic on the sewer reticulation, treatment process, or receiving water or land.
5. Sampling, testing and monitoring
5.1 Flow metering
5.1.1 Requirement for flow metering
Flow metering may be required by the Council in the following circumstances:
- (a) Where the Council determines that there is not a reasonable relationship between a metered water supply to the premises, and the discharge of trade waste; and/or
- (b) Where the Council does not approve a method of flow estimation provided by an applicant or the consent holder; and/or
- (c) When the discharge from particular premises represents a significant proportion of the total flow/load received by the wastewater system.
5.1.2 Consent holder is responsible for meters
The consent holder or permitted trade waste discharger shall be responsible for the supply, installation, reading and maintenance of any meter required by the Council for the measurement of the rate or quantity of discharge of trade waste from its premises. These devices shall be as approved by the Council, but shall remain the property of the consent holder or discharger.
5.1.3 Flow metering records
Records of flow and/or volume shall be available for inspection at any time by the Council, and shall be submitted to the Council at prescribed intervals by the consent holder in a format and by a method approved by the Council.
5.1.4 Location of flow meters
Meters shall be located in a position approved by the Council to be readily accessible for reading and maintenance. The meters shall be installed according to the manufacturer’s installation instructions to the satisfaction of an authorized officer.
5.1.5 Calibration of flow meters
The consent holder or permitted trade waste discharger must arrange for in situ calibration of the flow metering equipment in accordance with best practice upon installation and at least once a year thereafter to ensure its performance. The meter accuracy must be ±10% but with no greater a deviation from the previous meter calibration of ± 5%. A copy of independent certification of each calibration result must be submitted to the Council following installation of the flow metering equipment and then within one month of each annual inspection or otherwise in accordance with any trade waste discharge consent conditions.
Should any meter installed for the specific purpose of measuring a trade waste discharge, be found, after being calibrated, to have an error greater than that specified in clause 5.1.5 as a repeatable measurement, the Council may:
- (a) Make an adjustment to the fee calculation in accordance with previous readings and the consent holder must pay or be credited according to such adjustment; or
- (b) Where the consent holder can explain the reason for the error and establish a reasonable basis for an adjustment, make a reasonable adjustment to the fee calculation.
5.2 Estimating discharge
5.2.1 No meter warranted
Where no meter or similar apparatus is warranted, the Council may require that a percentage of the water supplied to the premises, or other such basis as seems reasonable, be used for estimating the rate or quantity of flow.
5.2.2 Meter out of repair
Should any meter be out of repair, or cease to register, or be removed, the Council shall estimate the discharge for the period since the previous reading of such meter, based on:
- (a) The average of the previous four measurement periods, or
- (b) Any other factors for the purpose of arriving at a reasonable estimate when there is reasonable evidence that the average of the previous four measurement periods would be an unreasonable estimate of the discharge.
5.2.3 Tampering with meter
Where, in the opinion of the Council, a meter has been tampered with, the Council (without prejudice to the other remedies available) may declare the reading void and estimate discharge as provided above.
5.3 Sampling and analysis
5.3.1 Sampling, testing and monitoring
The Council may sample, test and monitor trade waste discharges, and/or may require that the discharge be sampled, tested and monitored by the trade waste discharge consent holder to determine:
- (a) If a discharge complies with the provisions of this Bylaw; or any conditions of a trade waste discharge consent;
- (b) If a discharge should be classified as permitted, controlled, conditional, or prohibited (refer to clause 3.1);
- (c) If a trade waste discharge complies with the provisions of Schedule 1 for a permitted discharge or any trade waste discharge consent; and/or
- (d) What trade waste charges are applicable to that trade waste discharge.
5.3.2 Best Industry Standards
The sampling, taking, preservation, transportation and analysis of the sample shall be undertaken in accordance with best industry standards and methods, and otherwise as approved by the Council. The consent holder shall be responsible for all reasonable costs.
5.3.3 Provision of certificate by analyst
Every independent analyst shall provide the Council with a certificate signed by the analyst at the time any sample or finding is provided to the Council, and that certificate shall:
- (a) Describe the source of any sample, the time and date it was taken, and the method used to take it;
- (b) Certify that the sample has been taken in accordance with the provisions of this Bylaw or the relevant trade waste discharge consent;
- (c) Describe the findings of any analysis, their source and methods used to determine them; and
- (d) Certify that the analysis has been made in accordance with the provisions of this Bylaw or the relevant trade waste discharge consent.
5.3.4 Right of Council to appoint analyst
When an independent analyst appointed by the consent holder or person with a right to discharge trade waste fails for whatever reason, to carry out their functions, then the Council may appoint an independent analyst to carry out those functions.
5.3.5 Dispute Resolution
Where any dispute arises as to the validity of the methods or procedures used for sampling or analysis, with the approval of the Council, the dispute may be submitted to a mutually agreed independent arbitrator for resolution.
5.3.6 Entry into premises
All authorised officers of the Council, or any analyst (accompanied by an authorised officer) may enter any premises believed to be discharging trade waste at any time in order to determine any characteristics of any actual or potential discharge by:
- (a) Taking samples, readings and measurements; and/or
- (b) Carrying out an inspection; and/or
- (c) Taking samples for testing, of any solid, liquid, or gaseous material or any combination or mixture of such materials being discharged.
5.4.1 Monitoring for compliance
The Council may require the holder of a trade waste discharge consent or anyone who has a right to discharge a trade waste (including under a trade waste agreement) to monitor the discharge of trade wastes under the terms of its trade waste discharge consent, this Bylaw or trade waste agreement. The details of the monitoring required to be undertaken shall be determined by the Council, and may include, without limitation, all or any of the following:
- (a) Samples will be taken by the Council or by an independent analyst approved by the Council (whether or not appointed by the Council or the consent holder), and will be analysed in a laboratory approved by the Council;
- (b) The independent analyst will take samples and make measurements at times and in a manner determined by the Council;
- (c) Where a trade waste discharge is monitored by the consent holder, the Council may audit the samples and review the analysis carried out for that consent holder, and such analysis must be performed by a laboratory approved by the Council, and inter-laboratory checks may also apply.
5.4.2 Costs of monitoring
At the discretion of the Council all costs of monitoring will be met by the consent holder either through direct payment to the laboratory or to the Council in accordance with the Council’s charging policy.
5.4.3 Splitting of samples
Where required, a grab or composite sample can be split equally into three as follows:
- (a) One portion of the sample goes to the trade waste occupier for appropriate analysis and/or storage;
- (b) A second portion of the sample will be analysed at a laboratory approved by the Council;
- (c) A third portion of the sample is retained by the Council for 20 working days, for additional analysis if required.
5.4.4 Mitigation against changes
Due consideration will be applied to any changes that could occur in retained trade waste samples and provisions to mitigate against changes will be adopted where practicable.
5.4.5 Handling of samples
In all cases the samples will be handled in an appropriate manner such that the characteristics being tested for are, as far as reasonably possible, preserved properly.
5.4.6 Delivery to approved laboratory
All samples will be preserved, handled, transported and delivered to an approved laboratory according to approved standards.
5.4.7 Monitoring not specified
In situations where monitoring is not specifically required, it is the responsibility of the consent holder to ensure that any discharge from the trade waste premises complies with this Bylaw, and any other related Bylaw.
5.4.8 Right of Council to monitor
The Council may independently monitor any person with a right to discharge trade waste or consent holder’s compliance with this Bylaw, a trade waste agreement or trade waste discharge consent.
6. Bylaw administration
6.1 Review of decisions
If any person is dissatisfied with any decision by an authorised officer made under this Bylaw, that person may, by notice delivered to the Chief Executive of the Council not later than 20 working days after the decision by the authorised officer is served upon that person, request the Council to review any such decision and provide its determination as soon as reasonably practicable. The determination must set out the reasons why the review should be undertaken.
6.2 Accidents and non-compliance
6.2.1 Notice to Council
The consent holder shall inform the Council immediately on discovery of any accident including spills or process mishaps which may cause a breach of this Bylaw or trade waste discharge consent under it.
6.2.2 Trade waste discharge consents
In the event of any accident occurring when the person holds a trade waste discharge consent, then the Council may review the consent or may require the consent holder, within 20 working days of the date such requirement is notified to the consent holder in writing, to review the contingency management procedures and re-submit for approval the discharge management plan with the Council.
6.2.3 Permitted trade waste discharges
In the event of an accident occurring on the premises of a permitted trade waste discharge, the Council may require the person discharging to apply for a trade waste discharge consent.
6.3 Charges and payments
6.3.1 Setting of fees and charges
The Council may, by resolution, prescribe or vary fees and charges in respect of any matter provided for in this Bylaw. This includes, but is not limited to fees and charges for the application process, administration and monitoring of trade waste discharge consents and for the conveyance, treatment and disposal of trade waste.
6.3.2 Payment of fees and charges
The trade waste discharge consent holder and any permitted trade waste discharger shall pay all fees and charges prescribed by the Council by the 30th of the month following receipt of an invoice issued under 6.3.3.
All charges referred to in clause 6.3.2 or otherwise recoverable under this Bylaw shall be invoiced in accordance with the Council’s standard commercial practice. The invoice shall provide each consent holder with a copy of the information and calculations used to determine the extent of any charges and fees due, in regard to a discharge.
6.3.4 Cease to discharge
The trade waste discharge consent holder or permitted trade waste discharger shall be deemed to be continuing the discharge of trade waste and shall be liable for all charges relating to the discharge, until written notice of disconnection is given to the Council in accordance with clause 6.5.2.
6.3.5 Failure to pay
All fees and charges payable under this Bylaw shall be recoverable as a debt. If the person discharging fails to pay any fees and charges under this Bylaw the Council may suspend or cancel the right to discharge in accordance with clause 3.11.
6.4 Authorised officers
All authorised officers shall possess and produce on request warrants of authority and evidence of identity.
6.5 Transfer or termination of rights and responsibilities
The consent holder shall not, unless written approval is obtained from the Council:
- (a) Transfer to any other person the rights and responsibilities provided for under the trade waste discharge consent;
- (b) Allow a point of discharge to serve any other premises, whether directly or indirectly; or
- (c) Allow trade waste from any other person who is not the consent holder entitled to discharge under any trade waste discharge consent from the premises to be conveyed or discharged to the wastewater system at the point of discharge specified in the consent.
- (a) The consent holder shall give 48 hours prior notice in writing to the Council of their requirement for disconnection of the discharge connection and/or termination of the trade waste discharge consent, except where demolition or relaying of the discharge drain is required, in which case the notice shall be seven working days prior notice. The person discharging shall notify the Council of the new address details for final invoicing.
- (b) On permanent disconnection and/or termination the consent holder may at the Council’s discretion be liable for trade waste charges to the end of the current charging period.
6.5.3 Cessation of occupation
When a consent holder ceases to occupy premises from which trade wastes are discharged into the wastewater system any trade waste discharge consent granted shall terminate on the date occupation ceases, unless the consent holder has transferred the trade waste discharge consent in accordance with clause 6.5.1(a) of this Bylaw to any new occupier. Any obligations existing at the date of termination of the trade waste discharge consent shall remain in place.
6.6 Service of documents
6.6.1 Method of service
Any notice or other document required to be given, served or delivered under this Bylaw may (in addition to any other method permitted by law) be given or served or delivered by being:
- (a) Sent by pre-paid ordinary mail, courier, or facsimile, or email to the consent holder to their last known place of residence or business;
- (b) Sent by pre-paid ordinary mail, courier, or facsimile, or email to the consent holder at any address for service specified in a trade waste discharge consent;
- (c) Where the consent holder is a body corporate, sent by pre-paid ordinary mail, courier, or facsimile, or email to, or left at its registered office; or
- (d) Personally served on the consent holder.
6.6.2 Deemed receipt
If any notice or other document is:
- (a) Sent by post it will be deemed received on the third day (excluding weekends and public holidays) after posting;
- (b) Sent by facsimile or email and the sender’s facsimile or email machine produces a transmission report indicating that the facsimile or email was sent to the addressee, the report will be prima facie evidence that the facsimile or email was received by the addressee in a legible form at the time indicated on that report; or
- (c) Sent by courier and the courier obtains a receipt or records delivery on a courier run sheet, the receipt or record of delivery on a courier run sheet will be prima facie evidence that the communication was received by the addressee at the time indicated on the receipt or courier run sheet, or left at a conspicuous place at the trade premises or is handed to a designated person(s) nominated by the consent holder then that will be deemed to be service on, or delivery to the consent holder at that time.
6.6.3 Authorised officer signature
Any notice or document to be given, served or delivered will be signed by an authorised office if or by the consent holder (depending on who is providing the notice or document).
6.7.1 Prosecution under the LGA
Every person who:
- (a) Fails to comply with or acts in contravention of any provision of this Bylaw; or
- (b) Breaches a condition of any trade waste discharge consent; or
- (c) Fails to comply with a notice served under this Bylaw, or
- (d) Fails to comply with any provision of a trade waste agreement entered into under clause 3.12 of the Bylaw.
commits an offence against this Bylaw and under section 239 of the Local Government Act 2002.
6.7.2 Recovery of costs
Nothing in this Bylaw affects the rights and remedies of the Council to recover costs associated with damage to the Council’s wastewater system and/or breach of this Bylaw under other legislative provisions or otherwise.
6.8 Transitional provisions
6.8.1 Application made before Bylaw
Any application for a trade waste discharge consent made under the Wellington City Council Trade Waste Bylaw 2004, before this Bylaw commences, but which Council has made no decision on by that date, shall be deemed to be an application made under 3.2 of this Bylaw and will be processed in accordance with this Bylaw.
6.8.2 Existing consents
Every existing trade waste discharge consent shall continue in force as if it were a consent under this Bylaw until it reaches its expiry date.
Schedule 1 – Trade waste discharge characteristics
The nature and levels of the characteristics of any trade waste discharged to the wastewater system shall comply at all times with the following requirements, except where the nature and levels of such characteristics are varied by the Council as part of an approval to discharge a trade waste.
The Council shall take into consideration the combined effects of trade waste discharges and may make any modifications to the following acceptable characteristics for individual discharges the Council believes are appropriate.
Mass limits for characteristics in tables 1, 2 and 3 may be applied by the Council as required, refer clause 4.3 of the Bylaw.
The nature and levels of any characteristic may be varied to meet any new resource consents or other legal requirements imposed on the Council, refer to clause 3.9 of this Bylaw.
S1.2 Physical characteristics
- (a) The 24 hour flow volume shall be less than 5 m3.
- (b) The maximum instantaneous flow rate shall be less than 2.0 L/s.
The temperature shall not exceed 40 °C.
- (a) Non-faecal gross solids shall have a maximum dimension which shall not exceed 15 mm.
- (b) The suspended solids content of any trade waste shall have a maximum concentration which shall not exceed 1000 g/m3. For significant industry this may be reduced and if so the permitted concentration or mass limit will be specified in the conditional trade waste discharge consent.
- (c) The settleable solids content of any trade waste shall not exceed 50 mL/L.
- (d) The total dissolved solids concentration in any trade waste shall be subject to the approval of the Council having regard to the volume of the waste to be discharged, and the suitability of the drainage system and the treatment plant to accept such waste.
- (e) Fibrous, woven, or sheet film or any other materials which may adversely interfere with the free flow of sewage in the drainage system or treatment plant shall not be present.
S1.2.4 Fats, oil and grease
- (a) There must be no free or floating layer.
- (b) There must be no discharge of fats, oils or greases containing substances that will become viscous between 0°C and 65°C.
- (c) A trade waste containing fats, oils or greases must not exceed 200g/m3.
S1.2.5 Solvents and other organic liquids
There shall be no free layer (whether floating or settled) of solvents or organic liquids.
S1.2.6 Emulsions of paint, latex, adhesive, rubber, plastic
- (a) Such emulsions whether treatable or not may be discharged into the sewer subject to:
- (i) The total suspended solids not exceeding 1000 g/m3 or the concentration agreed with the Council and
- (ii) The organic strength of the wastewater must comply with the provisions of S1.3.2.
- (b) The Council may determine that the need exists for pre-treatment of such emulsions if they consider that trade waste containing emulsions unreasonably interferes with the operation of the Council treatment plant e.g. reduces % UVT (ultra violet transmission).
- (c) Such emulsions of both treatable and non-treatable types, shall be discharged to the sewer only at a concentration and pH range that prevents coagulation and blockage at the mixing zone in the public sewer.
Radioactivity levels shall not exceed the Office of Radiation Safety Guidelines.
No waste shall have colour or colouring substance that causes the discharge to be coloured to the extent that it impairs wastewater treatment processes or compromises the treated sewage discharge consent.
S1.2.9 Liquid waste from pharmacies
These are generally products returned by customers in accordance with the Health and Disability Services Standards – Pharmacy Services Standard NZS 8134.7:2010.
Limits (except where they contain cytotoxic compounds or materials, which are prohibited, refer S2.4(j))
125mg / 5 ml
250mg / 5 ml
Above 250mg / 5ml
S1.2.10 Inhibitory substances
Should any characteristic of a discharge be found to inhibit the performance of the wastewater treatment process, such that the Council is significantly at risk or prevented from achieving its environmental statutory requirements, then the Council reserves the right to amend the corresponding trade waste discharge consent summarily.
S1.3 Chemical characteristics
S1.3.1 pH value
The pH shall be between 6.0 and 10.0 at all times.
S1.3.2 Organic strength
The organic strength (measured as either Chemical Oxygen Demand (COD) or as Biochemical Oxygen Demand (BOD5)) of any waste may require to be restricted where the capacity for receiving and treating the organic strength is limited. A COD or BOD5 restriction may be related to mass loading and the lesser of the following mass limits shall apply:
Organic Strength – COD and BOD
Where no means for the measurement of organic loading exists (e.g. presence of continuous flow metering with data logging) then the lesser of the following maximum concentrations shall be applied:
Significant Industry dischargers may require additional limitations to the total daily mass of COD or BOD discharged and also to the timings of discharges in order to reduce the risk of adverse effects upon the Council’s sewerage system. Where this is necessary, appropriate limits will be specified in the conditional trade waste discharge consent. In no case under a mass limit conditional trade waste discharge consent shall any discharge have a maximum COD concentration of greater than 30,000 g/m3 or BOD of greater than 12,000 g/m3.
NOTE – For biological process inhibiting compounds refer to the Guidelines for Sewerage Systems: Acceptance of trade wastes (industrial waste) 12.
Table 1 General chemical characteristics
(Mass limits may be imposed, refer to clause 4.3)
Maximum concentration (g/m3)
Methylene blue active substances
- free ammonia
- ammonium salts
With good mixing
1500 (with good mixing)
H2S on acidification
- Free chlorine
CN weak acid dissociable
Table 2 Heavy metals
(Mass limits may be imposed, refer to clause 4.3)
|Inorganic compound of
Maximum total concentration* (g/m3)
|Chromium – Total i.e. includes all valent forms
Table 3 Organic compounds and pesticides
Maximum concentration (g/m3)
- measured as HCHO
- measured as phenols, excluding chlorinated phenols
Halogenated aliphatic compounds†
Monocyclic aromatic hydrocarbons
Polycyclic (or polynuclear) aromatic hydrocarbons (PAHs)
Halogenated aromatic hydrocarbons (HAHs)
Polychlorinated biphenyls (PCBs)
Polybrominated biphenyls (PBBs)
Pesticides (general)* †
- includes insecticides, herbicides, fungicides but excludes organophosphate, see below, and organochlorine, refer S2.4(e) of Schedule 2
0.2 in total
Schedule 2 Prohibited characteristics
This schedule defines prohibited trade waste discharges.
S2.2 Prohibited characteristics
A discharge has prohibited characteristics if it has any solid, liquid or gaseous matters or any combination or mixture of such matters which by themselves or in combination with any other matters will immediately or in the course of time:
- (a) Interfere with the free flow of wastewater in the wastewater system
- (b) Damage any part of the wastewater system
- (c) In any way, directly or indirectly, cause the quality of the treated sewage or residual biosolids and other solids from any sewage treatment plant in the catchment to which the waste was discharged to breach the conditions of a consent issued under the Resource Management Act 1991, or water right, permit or other governing legislation
- (d) Prejudice the occupational health and safety risks faced by workers in the wastewater system
- (e) After treatment be toxic to fish, animals or plant life in the receiving waters
- (f) Cause malodorous gases or substances to form which are of a nature or sufficient quantity to create a public nuisance
- (g) Have a colour or colouring substance that causes the discharge of any wastewater treatment plant to receiving waters to be coloured.
S2.3 Further prohibited characteristics
A discharge has prohibited characteristics if it has any characteristic which exceeds the concentration or other limits specified in Schedule 1 unless specifically approved for that particular trade waste discharge consent.
S2.4 Specific prohibitions
A discharge has a prohibited characteristic if it has any amount of:
- (a) Harmful solids, including dry solid wastes and materials that combine with water to form a cemented mass
- (b) Except as allowed for in Schedule 1, liquid, solid or gas which could be flammable or explosive in the wastes, for example including oil, fuel, solvents (except as allowed for in Schedule 1), fuels, calcium carbide and any other material which is capable of giving rise to fire or explosion hazards either spontaneously or in combination with wastewater.
- (c) Asbestos
- (d) Organo-metal compounds:
- (i) tin (as tributyl and other organotin compounds)
- (ii) chromium (as organic compounds)
- (e) Organochlorine pesticides
- (f) Genetic wastes being all wastes that contain or are likely to contain material from a genetically modified organism that is not in accordance with an approval under the Hazardous Substances and New Organisms Act. The material concerned may be from premises where the genetic modification of any organism is conducted or where a genetically modified organism is processed.
- (g) Any health care waste prohibited for discharge to the wastewater system or any pathological or histological wastes.
- (i) Radioactivity levels in excess of the Office of Radiation Safety Guidelines.
- (j) Any waste containing or contaminated by cytotoxic compounds.