ContaminationSpills and Response

NZ Transport AgencyEnvironment 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?

Incidents involving Hazardous Substances

0

100

200

300

400

500

600

700

800

900

1000

2001/02

2002/03

2003/04

2004/05

2005/06

2006/07

2007/08

year

Nu

mb

er

Total vehicle Linear (Total vehicle )

Vehicle Incidents Involving Hazardous Substances

85% level 1 15% level 2 (< 1 death, low significant damage)

most common substances:

LPGammoniapetroldiesel andacids

Other spill incidents from:

insecure loads, leaking fluids,stock trucks andtank wagons

many remain undetected and unreported.

Spillage DefinitionsDangerous Goods - Land Transport RuleHazardous substances - HSNO ActInfectious substances - Health ActRadioactive substances - Radiation Protection ActRMA - Substances producing adverse effects-• fine silty materials increase sedimentation• cement related products, alkalinity• milk reduces oxygen content of water• fertilisers and stock effluentWaste – no definition

Spillage LegislationHSNO (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)S28shall 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: localLevel 2: beyond localityLevel 3: regionalLevel 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 LegislationERMA Incident CategoriesModerate (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

establishreinforce and regularly maintain

COMMUNICATIONS

for efficient and effective dissemination of information and resolution of issues

NZTA guidelines, agreements and requirements

contract type/spill origin

contractor historical vehicle

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

Xoperational X bridge maintenance NOC

by lawsstock truck effluentSpill Response SOP

NZTA Environmental and Social Responsibility Policy

Guiding PrinciplesWork in partnership with local authorities and government agenciesEnsure environmental effects are avoided, remediated or mitigatedIf responsible party cannot or will not remediate conduct necessary works, cost recovery