Explanatory note: This part of the Bylaw allows us to regulate the discharge of trade waste from trade premises into sewerage drains under our control. Under this part of the Bylaw, we can grant consent to occupiers allowing them to discharge trade waste. We may also set charges for trade waste discharged from any trade premises.
9.1 Introduction and purpose
This part of the bylaw covers the discharge of trade waste to North Shore City Council’s sewerage system and/or wastewater treatment plant.
This Bylaw sets out uniform requirements for contributors into the wastewater collection system of North Shore City Council and enables the Council to comply with all applicable consents required by the Resource Management Act of 1991.
The objectives of the of the bylaw are:
- To prevent the introduction of contaminants into the wastewater system which will interfere with the operation of the system or contaminate the resulting biosolids.
- To prevent the introduction of contaminants into the wastewater system, which will pass through the system, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system.
- To provide for the equitable recovery of the cost of the wastewater system.
- To protect persons who may come in contact with wastewater sludge and effluent in the course of their employment as well as protecting the general public.
This Bylaw provides for the regulation of contributors to the wastewater system through the issue of trade waste consents, which will define monitoring, and reporting requirements for North Shore City Council.
9.2 Definitions
9.2.1 In this Bylaw, unless inconsistent with context or where otherwise expressly provided:
Access Point - is a place where access may be made to a private sewer for inspection, cleaning or maintenance.
Approval or approved - means approval or approved in writing by an Officer of North Shore City Council for that purpose.
Authorised officer - means an officer or agent appointed by the Council irrespective of the designation given to that officer or agent and includes any officer for the time being appointed by the Council responsible for any of the following functions: the acceptance, collection, treatment, disposal of waste water, or the control, management or audit of waste water processes.
Batch discharge - means any discharge of accumulated trade waste over a short duration that has not been approved for discharge under any existing consent, and can include the discharge of tankered waste to designated points into the wastewater system.
Best management practice plan - means a plan as part of Tradewaste consent submitted by a trade premises occupier, showing how the occupier is to mitigate against the effects of the trades operational impacts on drainage discharge. This can include emergency management, and environmental management, and a spill control management plan.
Biosolids - means treated wastewater sludge, treated sufficiently so as to be suitable for beneficial re-use.
Characteristic - means any constituent of a trade waste referred to but not limited by this Bylaw.
Cleaner Production - 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.
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.
Consent - means consent in writing given by the Council to an occupier connected to the wastewater system.
Contaminant - includes any substance (including gases, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat -
a) When discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or
b) When discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged.
Council - means The North Shore City Council.
Cytotoxic - drugs may also be known as anti-neoplastic drugs or cancer chemotherapy drugs. The names refer to a category of drugs, which have the ability to kill or arrest the growth of living cells
Discharge management plan - means a plan agreed between the Council and the occupier for the monitoring, programming and controlling by the occupier, of the sources of trade waste from the occupier's premises, so that the discharge to the wastewater system complies with the Councils requirements.
Disconnection - means the physical cutting or sealing of the private sewer from the sewage system.
Destination - means the exact location at which the liquid or solid waste is discharged or dispatched from the vehicle that has collected and transported the liquid or solid waste.
Domestic wastewater - means liquid wastes (including matter in solution or suspension therein) discharged from premises used solely for residential purposes, or wastes of the same character discharged from other premises; but does not include any solids, liquids, or gases that may not lawfully be discharged into the wastewater system.
Drain - means that section of private drain between the occupier’s premises and the point of discharge through which wastewater is conveyed from the premises. This section of drain is owned and maintained by the occupier.
Emergency management plan - means a framework of strategies for preventing, reducing, responding to, or recovering from emergency situations.
Environmental management plan - means an overall management plan, which includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and monitoring the environmental policy.
Food premises - means any premises requiring registration under regulation 57 of the Food Hygiene Regulations, and includes factory canteens and kitchens.
Hazardous wastes - means hazardous substances as described by the Hazardous Substances and New Organisms Act, and Hazardous Waste as defined under the New Zealand classification system for Hazardous Wastes.
Mass limit - means the total mass of any characteristic that may be discharged to the wastewater system over any 24-hour period.
Maximum concentration - means the peak concentration of any characteristic that may not be exceeded.
Occupier - in relation to any trade premises or tradewaste discharge, means the person responsible for any trade, commercial or industrial activity undertaken on that trade premise or be consented as a bulk discharger.
Pathological waste - waste materials that are offensive to the senses or hazardous to public health. This applies mainly to anatomical wastes such as human tissue and organs or animal tissue organs and carcasses. Other wastes deemed to be pathological are materials that may be contaminated by highly infectious organisms.
Person - includes the Crown, a corporation sole and also a body of persons whether corporate or incorporate, and any successor.
Point of discharge - is the boundary between the wastewater system and a private sewer.
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 of 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 (e.g. reserve) for a particular purpose, or
(d) Individual units in buildings, which are separately leased.
Pre-treatment - means any processing of trade wastes waters by any processes, works, structures, equipment or machinery, intended to vary the character of trade wastes, or remove constituent matters from any trade wastes prior to their discharge into the Council's wastewater system.
Pre-treatment works - means any processes, works, structures, equipment, or machinery, which removes or varies any constituents, or varies the characteristics of trade waste, prior to its discharge into the Council's wastewater system.
Private sewer - means that section of a sewer between the occupier’s premises and the point of discharge into the wastewater system. This section of sewer is owned and maintained by the occupier.
Prohibitable trade waste - means any trade waste which has or is likely to have any Prohibitable constituents, or characteristics, or substances as described in, but not limited to, this bylaw.
Prohibitable characteristics or substances - means any constituents, characteristics or substances described but not limited by 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.
Scheduled sources - means liquid waste collected from:
(a) Grease traps
(b) Septic tanks
(c) Trade waste premises that would require a consent under the North Shore City Council Trade Waste Bylaw, if the trade waste was discharged into the Council’s sewerage system.
(d) Pre-treatment works
Sewage - means wastewater.
Sewage sludge - means the solid material settled out from wastewater during the treatment process.
Sewer/sewerage - means all wastewater pipes, tunnels, manholes, inspection chambers, either privately owned or part of the wastewater system, and can include and have the same meaning as Wastewater System
Spill management plan - means a plan to mitigate against accidental spillage of prohibited materials, or prohibited trade wastes entering drains
Standard methods for the examination of water and wastewater - means the 20th edition (including the Supplement) as published by the American Water Works Association and American Public Health Association or the most current subsequent edition of the publication.
Stormwater - means all surface water run-off resulting from rainfall.
Tankered waste - is water or other liquid, including waste matter in solution or suspension, which is conveyed by vehicle for disposal.
Trade premises - means any premises including premises as described in, but not limited to, Schedule Eight of this bylaw, used or intended to be used for carrying on any trade or industry, and includes any land or premises wholly or mainly used for agricultural or horticultural purposes, connected to the utility sewer, or for the purpose of this Bylaw batch discharges.
Trade waste - means any liquid, with or without matter in suspension or solution therein, that is or may be discharged into the wastewater system from batch discharge, or 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; but does not include condensing water, stormwater, and can include personal ablutions.
Toxic pollutants - can be divided into two groups organic and inorganic. Examples of toxic organic pollutants are PCB, DDT, and chlorinated hydrocarbons. The most common toxic inorganic pollutants are silver, arsenic, cadmium, chromium, copper, lead, mercury, nickel, and zinc. Inorganic pollutants are actively treated biologically and removed from sewage by cation exchange onto the surface of microorganisms.
Wastewater - means water or other liquid, including sewage and waste matter in solution or suspension, discharged to the wastewater system.
Wastewater system - means all reticulated disposal systems and sewers, pumping stations, storage tanks, sewerage treatment plants, outfalls and other related structures owned by, or under the control of, the Council, used for, or in the process of, or in connection with the reception, treatment and disposal of wastewater.
9.2.2 Any expression not defined in clause 2.1 of this Bylaw shall have the same meaning as in the Resource Management Act 1991, The Building Act, and the Local Government Act 1974, or the Health Act.
9.3 Classification of trade waste discharges
9.3.1 Consent types
Trade waste discharges shall be classified as either controlled, conditional or prohibited and each classification shall be subject to the following action:
(a) Controlled trade wastes – the Council shall grant a consent (controlled consent) to discharge subject to the general conditions contained in Schedule 1 of this part of the bylaw. It may also contain specific conditions in addition to the general conditions.
(b) Conditional trade wastes – the Council may decide to grant a consent (conditional consent) to discharge subject to specific conditions additional to the general conditions. The Council reserves discretion to decline consent to discharge.
(c) Prohibited trade wastes – the Council shall not grant consent for such discharge unless it is satisfied that the applicant has demonstrated by way of a report prepared pursuant to section 5.9 c) ii) that the discharge of prohibited wastes will not result in harm to the Council’s system.
9.3.2 No application for a trade waste consent shall be approved where the trade waste discharge would contain, or is likely to contain, characteristics which are prohibited unless it is satisfied that the applicant has demonstrated by way of a report prepared pursuant to section 5.9 c) ii) that the prohibited characteristics will not result in harm to the Council’s system.
9.3.3 No person shall discharge, or cause to be discharged, any trade waste to the Council sewer, that contains or is likely to contain prohibited characteristics, except in accordance with the provisions of this part of the bylaw.
9.4 Storage, transport, handling, use, spillage or management and control of hazardous materials
9.4.1 Hazardous materials
The occupier or batch discharger shall not store, transport, handle or use, or cause to be stored, transport, handled or used any of the materials listed in clause 4.3, in a way which may cause the material to enter the wastewater system and cause harmful effects.
9.4.2 The occupier or batch discharger shall take all reasonable steps to prevent entry of the materials listed in clause 4.3 of this Bylaw into the wastewater system as a result of leakage, spillage or other mishap, and shall produce and maintain a Spill Management Plan as part of the Trade Waste Consent Conditions per Schedule Four.
9.4.3 Hazardous wastes, raw materials, products or wastes containing corrosive, toxic biocide, radioactive, flammable or explosive materials, or any material which when mixed with the wastewater stream is likely to generate toxic, flammable, explosive or corrosive materials in quantities likely to be hazardous, or any other material likely to be harmful to the wastewater system, treatment processes or be deleterious to the health and safety of Council’s staff and the public.
9.4.4 The Wastewater Authority may refuse to accept classes of hazardous waste, or hazardous substance constituents thereof, that the Wastewater Authority considers will harm the wastewater system.
9.5 Application for a trade waste consent
9.5.1 Consent application required
Every occupier of trade premises who wishes to:
(a) Discharge into the sewer system any trade waste; or
(b) Vary the characteristics of a consent to discharge that has previously been granted; or
(c) Vary the conditions of consent to discharge that has previously been granted;
shall, if required by the Council, complete an application in the form provided in Schedule 11 of this part of the bylaw for the consent of the Council, to the discharge of that trade waste, or to the proposed variations.
9.5.2 The Council reserves the right to deal with the owner of a premises instead of the occupier.
9.5.3 Description process areas
Where the trade premises produces trade waste from more than one area, a separate copy of the “Description of trade waste and premises” shall be included in any application for trade waste discharge for each area. This applies whether or not the separate areas are part of a single or separate trade process.
9.5.4 Application execution
The occupier shall ensure that the application and every other document conveying required information is properly executed.
9.5.5 Discharge management plan
The Council may require an application to be supported by an independent and external auditor to verify any or all information supplied by the occupier, and/or a “Discharge Management Plan”.
9.5.6 Temporary discharge
Any discharge of an intermittent or short duration shall be applied for on the separate “Temporary discharge” form provided in Schedule 12 of this part of the bylaw. Such discharges include the short term discharge of an unusual waste from an occupier with an existing trade waste consent, and the discharge of tankered wastes to designated points in the Council systems.
9.5.7 Application fee
Every application shall be accompanied by a trade waste application fee in accordance with the Council’s schedule of rates and charges.
9.5.8 Acknowledgement
The Council shall acknowledge the application in writing within ten (10) working days of the receipt of the occupier’s application and fee.
9.5.9 Information and analysis
On the receipt of any application for a trade waste consent to discharge from any premises or to alter an existing discharge, the Council may:
(a) Require the applicant to submit any additional information which it considers necessary to reach an informed decision; and
(b) Whenever appropriate shall have the discharge investigated and analysed as provided for in clauses 11.0 and 12.0 of this part of the bylaw.
(c) On receipt of any trade waste application for a trade waste consent, if the Council considers it necessary, the Council may require the applicant to:
(i) Submit a Best Management Practice Plan to control discharges into drains, or may also require a Spill Control Management Plan which may include cleaner production operation methods and processes or:
(ii) Produce a Waste Water System Impact Investigation Report, at the cost to the applicant, on the effects of any trade discharges specified characteristics, and more particularly Prohibitable Trade Wastes on the Waste Water Systems operation, Treatment Process Biosolids, and the quality of the dewatered and/or composted Biosolids, subject to the following;
(a) An Independent Qualified person acceptable to the Council shall carry out the investigation and produce the report.
(b) The scope of the investigation shall establish. The existing background level of the specified characteristics already contained in the wastewater into the Treatment Plant, and in the Process Treatment Biosolids and in the Dewatered and composted biosolids. The impact and effect of receiving the applications specified characteristics on the background levels, and the effect of this potential discharge on the function of the Treatment Plant and the quality of the composted biosolids. The impact and effect of receiving the applicants Trade Waste discharge on the ability of future applicants' ability to discharge into the Waste Water system.
d) Require the applicant to submit any additional information, at cost to the applicant, which it considers necessary to reach an informed decision.
e) Have the discharge investigated and analysed, at cost to the applicant, as provided for in this Bylaw.
The Council shall notify the applicant of any requirement under this clause within ten (10) working days of receipt of the application.
9.5.10 Consideration of an application / draft consent
Within fifteen (15) working days of receipt of an application complying with this part of the bylaw and/or all requirements under clause 5.9 of this part of the bylaw, whichever is the later, the Council shall, after considering the matters in clause 5.11 of this part of the bylaw do one of the following:
(a) Decline the application and notify the applicant of the decision giving a statement of the reasons for refusal; or
(b) Grant the application as a controlled trade waste consent and inform the applicant of the decision by issuing the appropriate notice of trade waste consent; or
(c) Grant the application as a conditional trade waste consent and inform the applicant of the decision and the conditions imposed on the discharge by issuing draft consent for consideration by the applicant and entering into consultation with the applicant as to the final form of the conditions to be applied.
Notwithstanding clause 5.10(c) of this part of the bylaw the Council reserves the right to make the final decision on what conditions shall be imposed.
9.5.11 Consideration criteria
In considering any application for a trade waste consent to discharge from any trade premises into the sewerage system 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 such premises in relation to:
(a) The health and safety of Council officers and the public;
(b) The limits and/or maximum values for characteristics of trade waste as specified in Schedules 1 and 2 of this part of the bylaw; and
(c) The extent to which the trade waste may react with other trade waste or domestic wastewater to produce an undesirable effect, e.g. settlement of solids, production of odours etc; and
(d) The flows and velocities in the sewer, or sewers and the material or construction of the sewer or sewers; and
(e) The capacity of the sewer or sewers and the capacity of any wastewater treatment works; and
(f) The nature of any wastewater treatment process and the degree to which the trade waste is capable of being treated in the wastewater treatment works; and
(g) Any statutory requirements relating to the discharge of raw or treated wastewater to receiving waters, the disposal of sewage sludges, the use or disposal of biosolids, and any discharge to air, (including the necessity for compliance with any regional plan or proposed regional plan, resource consent, discharge permit or water classification); and
(h) Consideration for other existing or future discharges; and
(i) Consideration for the Resource Management Act 1991 and any relevant requirements of the Auckland Regional Council.
9.6 Conditions of trade waste consent
9.6.1 Pre-treatment
Any trade waste consent to discharge may be granted subject to such conditions the Council may impose, including but not limited to:
(a) The particular public sewer or sewers to which the discharge will be made; and
(b) The maximum daily volume of the discharge and the maximum rate of discharge, and the dration of maximum discharge; and
(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 10.0 of this part of the bylaw; and
(d) The period or periods of the day during which the discharge, or a particular concentration, or volume of discharge may be made; and
(e) The degree of acidity, or alkalinity of the discharge at the time of discharge; and
(f) The temperature of the trade waste at the time of discharge; and
(g) The provision by the occupier, at the occupier’s expense, of screens, grease traps, silt traps or other pre-treatment works to prevent or control the discharge of solids or grease; and
(h) The provision and maintenance by the occupier, at the occupier’s expense, of partial or preliminary treatment processes, equipment or storage facilities, to regulate the quality, quantity and rate of discharge or other characteristics prior to the point of discharge.
(i) The provision and maintenance at the occupier’s expense of inspection chambers, manholes or other apparatus or devices to provide reasonable access to drains for sampling and inspection; and
(j) A sampling and testing program and flow measurement requirements; and
(k) Which of the methods set out in clauses 11.1, 11.8 and 12.1 of this part of the bylaw are to be used for measuring flow rates and taking samples of the discharge for use in determining the amount of any trade waste charges applicable to that discharge; and
(l) The provision and maintenance by and at the expense of the occupier 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 of such meters; and
(m) The provision and maintenance, at the occupier’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; and
(n) The provision by the occupier to the Council of all flow and/or volume records and results of analyses; and
(o) The provision and implementation of a “Cleaner Production Programme” to reduce and improve the trade waste quality or quantity; and
(p) The production, implementation, and maintenance, of an approved Best Management Practice (for pollution control to drains) Plan, and Spill Management Plan.
9.7 Duration
9.7.1 Expiry, ten year consent, and normal term
Trade waste consents granted under this bylaw shall expire at the end of a term fixed by the Council subject to the following:
Trade waste consents may be given for a term not exceeding ten (10) years to an occupier who at the time of 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 occupier has a demonstrated ability to meet the conditions of the trade waste 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 long period of certainty for the amortising of this investment is considered reasonable.
In all other cases the term of the trade waste consent shall not exceed five years.
9.8 Technical review and variation
9.8.1 The Council may at any time during the term of a trade waste consent, by written notice to the occupier (following a reasonable period of consultation), vary any condition to such extent as the Council considers necessary to meet any new resource consent imposed on the discharge from the Council’s treatment plant, or with any other legal requirements imposed on the Council.
9.8.2 The holder of a trade waste consent to discharge may at any time during the term of a consent, by written application to the Council, seek to vary any condition of consent, as provided for in clause 5.1 of this part of the bylaw.
9.8.3 The Council may at any time during the term of a trade waste consent, by written notice to the occupier (following a reasonable period of consultation) vary any condition of consent following a review of the technical issues considered when setting conditions of consent, due to new information becoming available.
9.9 Dilution
9.9.1 The occupier shall not, unless authorised by the Council, add, or permit the addition of, any water what so ever to any waste stream solely in order to vary the level of any characteristic of the waste.
9.9.2 The occupier shall not add or permit the addition of stormwater, condensing or cooling water to any wastewater. However, if for practical reasons it cannot be separated from the wastewater it may be included subject to specific approval.
9.10 Pre-treatment and mass limits
9.10.1 The Council may grant a trade waste consent to discharge subject to the provision and maintenance by the occupier at the occupier’s expense, of screens, grease traps, silt traps or other partial or preliminary treatment processes, equipment or storage facilities, to regulate the quality, quantity and rate of discharge or other characteristic prior to the point of discharge.
9.10.2 A trade waste consent to discharge may impose conditions on a trade waste discharge by specifying mass limits for any characteristics, for any controlled or conditional consent to discharge.
9.10.3 Mass limits may be imposed for any characteristic. Any characteristic controlled by mass limit shall also have its maximum concentration limited to the value scheduled unless approved otherwise.
9.10.4 When setting mass limit allocations for a particular characteristic the Council shall consider:
(a) Conditions in the wastewater system near the trade waste discharge point and elsewhere in the wastewater system; and
(b) The extent to which the available industrial capacity was used in the last financial period and is expected to be used in the forthcoming period; and
(c) Whether or not the applicant uses cleaner production techniques; and
(d) Whether or not the applicant has established to the satisfaction of the Council a programme to achieve cleaner production techniques within a satisfactory period; and
(e) 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; and
(f) Any requirements of the Council to reduce the pollutant discharge of the wastewater system; and
(g) 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; and
(h) The total mass of the characteristic allowable in the wastewater system, and the proportion (if any) to be reserved for future allocations; and
(i) 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).
9.11 Flow metering
9.11.1 Flow metering shall be required:
(a) On conditional discharges when there is not a reasonable relationship between a metered water supply to the premises, and the discharge of trade waste; or
(b) When the occupier and the Council cannot agree on a suitable method of flow estimation.
9.11.2 Meter installation
The occupier shall be responsible for the supply, installation and maintenance of any meter required by the Council for the measurement of the rate or quantity of discharge of trade waste. These devices shall be subject to the approval of the Council, but shall remain the property of the occupier. Measurement of flow shall be carried out by the occupier in accordance with BS 3680: Part 11A, BS 3680: Part 11B and BS 5728:Part 3 (refer Schedule 6).
9.11.3 Records
Records of flow and/or volume shall be available for viewing at any time by the Council, and shall be submitted to the Council at prescribed intervals.
9.11.4 Location
Meters shall be located in a position, which is readily accessible for reading and maintenance, and as close as practicable to the point of discharge.
9.11.5 Meter calibration
The occupier shall arrange for confirmation of the flow metering equipment and instrumentation by a company with appropriate accreditation in accordance with NZS 10012:Part 1 (refer Schedule 6) upon installation and at least once a year thereafter to ensure performance within ±10 % of its reading. A copy of independent certification of each calibration result shall be submitted to the Council.
9.11.6 Meter in error
Should any meter, after being calibrated, be found to register a greater or lesser discharge than the quantity of wastewater actually passed, the Council may make an adjustment in accordance with the results shown by such tests backdated for a period at the discretion of the Council but not exceeding twelve (12) months, and the occupier shall pay a greater or lesser amount according to such adjustment.
9.11.7 Where the metered water supply to a premise is used to assess the trade waste discharge the Council shall ensure that flow meters are calibrated in accordance with an appropriate calibration programme.
9.11.8 Estimating discharge
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 for the purposes of charging.
9.11.9 Faulty meters
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 the average of the previous four billing periods charged to the occupier) and the occupier shall pay according to such estimate. Provided that when by reason of a large variation of discharge due to seasonal or other causes, the average of the previous four billing periods would be an unreasonable estimate of the discharge the Council may take into consideration other evidence for the purpose of arriving at a reasonable estimate, and the occupier shall pay according to such estimate.
9.11.10 Interference
Where 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.
9.12 Sampling and monitoring
9.12.1 Sampling and analysis
Sampling shall be in accordance with the procedure contained in Schedule 6 of this part of the bylaw or some other procedure designed in accordance with BS 6068: Section 6.10 (refer Schedule 6).
Any analysis shall use methods or procedures in accordance with, or validated against, the AWWA Standard methods for the examination of water and wastewater by an IANZ accredited laboratory, or a laboratory approved in writing by the Council.
9.12.2 Monitoring
The Council shall monitor the compliance of the occupier in discharging trade waste under the terms of its consent.
9.13 Disputes
9.13.1 Sampling and analysis
Where a dispute arises as to the validity of the methods or procedures used for sampling or analysis, the dispute may be submitted to a mutually agreed independent arbitrator. The arbitrator’s ruling shall be final.
9.13.2 Review of decisions
If any person is dissatisfied with any decision of an Authorised Officer of the Council made under this part of the bylaw, that person may, by notice delivered to the Principal Administrative Officer not later than twenty (20) working days after the decision of the Authorised Officer is served upon that person, request the Principal Administrative Officer to review any such decision.
On the receipt of such a notice, the decision of an Authorised Officer shall be suspended provided that the occupier complies with the provisions of this part of the bylaw at all times. A decision relating to the matter in the request shall be made within twenty (20) working days by the Principal Administrative Officer in accordance with the relevant provisions of this part of the bylaw. Where a decision, which is the subject of a request for a review, imposes a time limit, the time shall not begin to run until such time (if any) as the Principal Administrative Officer notifies the occupier of his or her decision.
Nothing in this clause shall affect any right of appeal under the Local Government Act.
9.13.3 Emergency provisions
Further to clause 13.2 of this part of the bylaw, summary cancellation of a trade waste consent in accordance with clause 18.1 of this part of the bylaw shall not be suspended on receipt by the Council of a notice to review any such cancellation.
9.14 Accidents and non-compliance
9.14.1 Accidents
The occupier shall inform the Council immediately on discovery of any occurrence, accident, spill or process mishap which may alter the quality or quantity of the final effluent discharging to the Council’s sewer and which may cause a breach of their trade waste consent in particular, or this part of the bylaw in general.
9.15 Payment and Charges
9.15.1 Basis of charges and special order
The consent holder shall be liable to pay for the discharge of trade wastes and any related material in accordance with Schedule 7 of the bylaw, which covers rates and charges and fees.
The items included in Schedule 7 of the bylaw are covered by Section 494 of the Local Government Act and will be set by Special Order.
9.15.2 Treatment charges
The amount of trade waste charges payable in respect of the treatment of a particular trade waste discharge shall be in the sum of:
(a) Management Fees:
(i) Administration
(ii) Compliance monitoring
(iii) Inspection of premises
(iv) Non compliance re-inspection
(b) Volume charge; and
(c) Chemical oxygen demand charge; and
(d) suspended solids charge; and
(e) nitrogen treatment charge
(f) less a portion of the sum paid as pan tax (sewerage charge for each toilet/urinal connected to a sewer) in the case of combined domestic and trade waste discharges.
9.15.3 Invoicing
All charges determined in accordance with clause 15.1 of this part of the bylaw shall be invoiced as follows:
(a) Major Consent Holders – three monthly by the last day of the month after the billing period. The occupier shall pay this invoice by the 20th day of the next month.
(b) Other Consent Holders – six monthly or 12 monthly as above.
The invoice shall provide each occupier with a copy of the information and calculations used to determine the extent of any charges and fees due in regard to a discharge.
9.15.4 Cease to discharge
The occupier shall be deemed to be continuing the discharge of trade waste and shall be liable for all charges, until such time as notice is given of disconnection in accordance with clause 17.3 of this part of the bylaw.
9.15.5 Failure to pay
All sums payable for charges and rates for wastewater services under this part of the bylaw shall be recoverable as a debt and failing recovery such monies shall become a charge on the land/property.
9.16 Authorised Officers
9.16.1 Identification
Authorised Officers, acting under this part of the bylaw, shall possess and display on demand, formal proof of identification and rights of entry.
9.16.2 Sampling
Authorised Officers or any independent person approved in accordance with this Bylaw, acting under this part of the bylaw, may at any reasonable time enter any premise believed to be discharging trade wastes to determine any characteristic of any discharge by:
(a) Taking readings and measurements; or
(b) Taking samples of any solids, liquids or gaseous material or any combination or mixtures of such materials being discharged.
9.17 Transfer or termination of rights and responsibilities
9.17.1 A trade waste consent to discharge shall be issued in the name of the given occupier. The occupier shall not, unless written approval is obtained from the Council:
(a) Transfer to any other party the rights and responsibilities provided for under this part of the bylaw, and under their consent;
(b) Allow a point of discharge to serve another premises, or the private drain to that point to extend by pipe or any other means to serve another premises;
(c) In particular and not in limitation of the above allow wastewater from any other party to be discharged at their point of discharge.
9.17.2 Transfer of consents
Transfer of a trade waste consent on change of ownership of a premises shall not be unreasonably withheld by the Council if the characteristics of the wastewater remain unchanged.
9.17.3 The occupier shall give 48 hours notice in writing to the Council of a requirement for disconnection of the discharge connection and/or termination of the discharge consent, except where demolition or relaying of the discharge drain is required, in which case the notice shall be seven (7) working days. The occupier shall notify the Council of the new address details for final invoicing.
9.18 Cancellation
9.18.1 Summary cancellation
Any trade waste consent may at any time be cancelled by the Council on giving to the occupier written notice of summary cancellation if:
(a) The Council is lawfully directed to withdraw or otherwise to terminate the trade waste consent summarily; or
(b) The occupier discharges any trade waste other than in full accordance with a trade waste consent, and where in the opinion of North Shore City Council damage to any part of the waste water system or treatment process is likely to occur as a result of the discharge or the discharge is likely to present a danger to the health and safety of any person or
(c) The occupier discharges any prohibited substance.
9.18.2 Grounds for cancellation
Further to clause 18.1 of this part of the bylaw the Council may cancel any trade waste consent at any time following 25 working days notice to the occupier for:
(a) Failure to comply with any condition of the consent; or
(b) Failure to maintain effective control over the discharge; or
(c) Failure to limit in accordance with the requirements of a consent the volume, nature, or composition of trade waste being discharged; or
(d) Any negligence of the occupier which, in the opinion of the Council, threatens the safety of, or threatens to cause damage to any part of the sewer system or the treatment plant or threatens the health or safety of any person; or
(e) The existence of any other circumstances which, in the opinion of the Council, render it necessary in the public interest to cancel the consent.
(f) Failure to pay charges and rates for waste water services under this Bylaw
9.19 Service of Documents
9.19.1 Delivery or post
Any notice or other document required to be given, served or delivered under this part of the bylaw to an occupier may (in addition to any other method permitted by law or contained in these bylaws) be given or served by delivery to or by registered post addressed to:
(a) The occupier of the trade premises at the occupier’s last known place of residence or business; or
(b) The occupier of the trade premises at any address for service specified in a trade waste consent to discharge; or
(c) In the case of an occupier, which is, a body corporate, sent to its registered office.
9.19.2 Deemed service
Further to clause 19.1 of this part of the bylaw, if any notice or other document is left at a conspicuous place at the trade premises or is handed to an employee of the occupier at those premises then such delivery shall be deemed to be service upon or delivery to the occupier.
9.19.3 Service date
Any document given or served in accordance with clauses 18.1 or 18.2 of this part of the bylaw shall be deemed to have been served upon the occupier one (1) day after the date of posting or delivery.
9.19.4 Signature
Any notice or document to be given, served or delivered shall be signed by an Authorised Officer for that purpose.
9.20 Offences
9.20.1 Every occupier of trade premises commits an offence and is liable to a fine as specified in Section 493 of the Local Government Act 1974 who:
(a) Fails to comply with or acts in contravention of any provision of this part of the bylaw; or
(b) Breaches the conditions of any consent to discharge granted pursuant to this part of the bylaw; or
(c) Fails to comply with a notice served under this part of the bylaw.
This clause shall be in addition to clause 11 and clause 13.
9.21 Recovery of Costs of Works
9.21.1 The Council may at the expense of the occupier of trade waste premises repair, remedy and make good any damage or blockage to a sewer or drain or the sewerage system caused by or arising out of or resulting from the discharge of waste which:
(a) Fails to comply with or contravenes any provision of this part of the bylaw; or
(b) Breaches the conditions of any consent to discharge granted pursuant to this part of the bylaw; or
(c) Fails to comply with a notice served under this part of the bylaw.
9.21.2 The Council will determine the cost and expense of such repair, remedy or making good and such sum determinant will be recovered from the occupier as allowed for in Section 695 of the Local Government Act 1974.
9.22 Transitional Provisions
9.22.1 Applications
Any application for a consent to discharge trade waste made under the North Shore City Council 2000 Trade Waste Bylaw for which a consent has not been granted at the time of coming into force of this bylaw shall be deemed to be an application made under clause 5.0 of this part of the bylaw.
9.22.2 Existing trade waste consents
Every existing trade waste consent shall continue in force as if it were a consent under this part of the bylaw until it reaches its expiry date.
