Contamination Spills and Response NZ Transport Agency Environment and Urban design team

Spillage and Contamination Unclear legislation No reporting requirements No manifest tracking Uncertain responsibility Little information No definitions

NZ Transport Agency response tailor solution to conditions plug gaps in legislation improve clarity and certainty

NZ Transport Agency approach Eight different guidelines depending on risk, contractual requirements and location.

How big is the problem?

Vehicle Incidents Involving Hazardous Substances

85% level 1 15% level 2 (< 1 death, low significant damage) most common substances: LPG ammonia petrol diesel and acids

Other spill incidents from: insecure loads, leaking fluids, stock trucks and tank wagons many remain undetected and unreported.

Spillage Definitions Dangerous Goods - Land Transport Rule Hazardous substances - HSNO Act Infectious substances - Health Act Radioactive substances - Radiation Protection Act RMA - Substances producing adverse effects- fine silty materials increase sedimentation cement related products, alkalinity milk reduces oxygen content of water fertilisers and stock effluent Waste – no definition

Spillage Legislation HSNO (1996) s135 an emergency means (a) actual or imminent danger to human health or safety; or (b) a danger to the environment or chattels so significant that immediate action is required to remove the danger arising from a hazardous substance or new organism s144(1), a transport operator is required to report an incident resulting in serious harm to any person or serious environmental damage to an enforcement officer.

Spillage Legislation Fire Service Act (1975) S28 shall endeavour by all practicable means stabilise and render safe the effects of the hazardous substance incident to which they have been called

Spillage Legislation Civil Defence Emergency Management Act (2002) requires local authorities to plan and provide for Civil Defence and Emergency Management Level 1: local Level 2: beyond locality Level 3: regional Level 4: national

Spillage Legislation Resource Management Act (1991) s 330 emergency works, preventive and remedial action network utility operator must notify within 7 days ongoing adverse effects require consent application within 20 days of the notification. applies to emergencies declared under CDEM Act 2002 accidental or intentional spill reporting not required

Spillage Legislation Land Transport Act (1998) s 9 must ensure that any load carried in or on the vehicle (or in or on a vehicle being towed), is secured and contained in such a manner that it cannot fall or escape from the vehicle

Spillage Legislation ERMA Incident Categories Minimal (Level 1) Little discernable effect on people or the environment, minor effect on property or some social disruption, controls adequate Minor (Level 2) Localised, short term, minor effect on people or the environment, property damage, some social disruption to surrounding area, controls adequate

Spillage Legislation ERMA Incident Categories Moderate (Level 3) Significant longer term damage to people, property or the environment, one death, disruption to surrounding community, controls appear adequate but may require follow-up Major (Level 4) Significant irreversible damage to people, property and the environment, more than one death, major social disruption, a system/control failure or lack of adequate controls, public and political interest

Spillage Legislation ERMA Incident Categories Massive (Level 5) Major damage to property, communities and the ecosystem, including species loss, multiple deaths, significant economic effect, substantial system/control failure resulting in public and political outrage While not directly aligned with the CDEM levels (Section 2.3) they are similar, with increasing support required as the incident category rises.

Interagency Response establish reinforce and regularly maintain COMMUNICATIONS for efficient and effective dissemination of information and resolution of issues

NZTA guidelines, agreements and requirements contract type / spill origin contractorhistoricalvehicle network Hazardous Substance and Spill Contingency Management Plan Network Contamination Management Plans X capital Hazardous Substance and Spill Contingency Management Plan Capital Contamination Management Plans property purchase and disposal X operational X bridge maintenanceNOC by laws stock truck effluent Spill Response SOP

NZTA Environmental and Social Responsibility Policy Guiding Principles Work in partnership with local authorities and government agencies Ensure environmental effects are avoided, remediated or mitigated If responsible party cannot or will not remediate conduct necessary works, cost recovery