Levin landfill
Environmental management review
August 2008
Parliamentary Commissioner for the Environment
Te Kaitiaki Taiao a Te Whare Paremata
PO Box 10-241, Wellington, Aotearoa New Zealand
www.pce.govt.nz
levin landfill: environmental management review
2
This report and other publications by the Parliamentary Commissioner for the Environment
are available on the Commissioner’s website: www.pce.govt.nz.
Investigation team
Yazmin Juned, Senior Researcher; Shaun Killerby, Researcher; Dana Moran, Researcher (to
6 February 2008) and those involved early in the investigation.
Internal Reviewer
Dr Simon Watts
External Reviewers:
Paul Beverley, Partner, Buddle Findlay; David Allen, Senior Associate, Buddle Findlay; Sarah
Jenkin, Associate Environmental Planner, URS New Zealand
External Comments:
Horowhenua District Council; Horizons Regional Council
Acknowledgements
The Parliamentary Commissioner for the Environment and her investigation team would
like to thank all those who assisted with the research and preparation of this report.
Layout
Sharon Cuzens
Bibliographic reference
Parliamentary Commissioner for the Environment. 2008. Levin landfill: Environmental
management review. Wellington: Parliamentary Commissioner for the Environment
This document may be copied provided that the source is acknowledged.
ISBN: Print version: 978-1-877274-19-0 print
Electronic version: 978-877274-20-6 pdf
ParliamentarY CommiSSioner for tHe environment
pce
3
Contents
Preface ...........................................................................................................5
The Commissioner’s decision to investigate ...............................................6
Remit and Terms of Reference .....................................................................7
Background ...................................................................................................8
Location of the Levin landfill ..................................................................8
Local concerns .......................................................................................9
Site history .............................................................................................9
Expert report ...............................................................................................11
HDC: compliance .........................................................................................12
Resource consent conditions ................................................................12
Monitoring requirements .....................................................................13
Local Government Act .........................................................................13
Section 17 RMA and other legal obligations .........................................14
Horizons: monitoring and enforcement ....................................................15
Site inspections ....................................................................................15
Monitoring and enforcement action taken ...........................................15
Community liaison ......................................................................................17
Consent condition requirements ..........................................................17
The future ...........................................................................................17
Looking to the future .................................................................................19
Alternatives .........................................................................................19
Waste policy ........................................................................................20
Enforcement ........................................................................................20
Commissioner’s recommendations ............................................................21
Horowhenua District Council ...............................................................21
Horizons Regional Council ...................................................................23
levin landfill: environmental management review
4
Appendix 1: Examples of historic non-compliance ..................................25
Appendix 2: Examples of historic monitoring and enforcement ............27
End notes .....................................................................................................29
Figures
Figure 1: Position of Levin landfill site ..............................................................8
ParliamentarY CommiSSioner for tHe environment
pce
5
Preface
The Levin landfill is located in the Horowhenua District, four kilometres west of
Levin. A landfill of some kind has existed on the site since the 1950s. For many years
local residents have been concerned about the environmental effects of the landfill
site, particularly given its proximity to the Hokio Stream. Some of those concerns
were addressed through resource consent conditions in 2002. However, others have
remained unresolved.
As a result of complaints made by concerned local citizens, my predecessor, Dr
Morgan Williams, initiated an investigation in 2004. On taking office in 2007, I
reviewed that investigation and, in light of ongoing concerns, decided to bring the
investigation to a conclusion. This report contains findings from the investigation and
recommendations for future landfill development and management.
The investigation has focused on the management of the site since resource consents
were granted in 2002. It is not a review of historic issues raised before those consents
were granted. The report aims to provide constructive guidance and advice to the two
local councils about future management of the Levin landfill site, and to address local
community concerns.
My recommendations to Horowhenua District Council, the consent holder for the
site, and to Horizons Regional Council, the regulating authority, are listed on pages
21 to 24. Particular note has been made of a proposed notified consent review.
This is an opportunity for the local community to participate in the decision-making
process, and for the councils to address identified operational issues and community
concerns via revised consent conditions. Recommendations have also been made
regarding long-term planning for waste in the district; both through the need to
plan for alternatives and the development of long-term policies that promote waste
minimisation and alternative disposal methods.
More recently, I have become aware of local concerns about waste being imported
to the site from outside the district. I have also received a complaint about piping
leachate from the site. Both of these issues are outside the terms of reference for this
report. However, there would be merit in the two local authorities considering these
issues further when looking at the consent conditions for this site, as well as the long-
term plans for waste in the district more generally.
The completion of this report has been helped greatly by the cooperation of both
the local councils and the local community, and I would like to thank them for their
assistance throughout the investigation.
Dr Jan Wright
Parliamentary Commissioner for the Environment
levin landfill: environmental management review
6
The Commissioner’s decision to investigate
In 2004 the then Parliamentary Commissioner for the Environment, Dr Morgan Wil iams,
received complaints from several members of the local community expressing concern
about the management and environmental effects of the Levin landfill.
In September 2004, following preliminary analysis of background material, members
of the Commissioner’s office visited the landfill and met with tangata whenua, other
representatives from the local community, and staff from Horowhenua District Council
(HDC) and Horizons Regional Council (Horizons). On the basis of the visit and concerns
about the management and effects of the landfill, the Commissioner decided to
investigate further.
On 27 April 2005 the Commissioner wrote to Horizons (copied to HDC), recommending
that Horizons, as the regional council, should carefully consider the merits of initiating
a review of certain conditions of permits. Following the Commissioner’s letter, Horizons
initiated a non-notified review of consent conditions for the landfill in April 2005 and
began negotiations with HDC.
The Commissioner had original y planned to wait until the consent review was completed
before deciding whether to investigate this matter further. However, given the delay in
progressing the consent review, in July 2007 the new Commissioner, Dr Jan Wright,
decided to start an investigation. She prepared this report in accordance with the terms
of reference set out on page 7.
Horizons is likely to decide to publicly notify a new consent review that will supersede
previous negotiations between Horizons and HDC. It is understood that a final decision
on this will be made in August 2008, with hearings to be held in November 2008.
Notwithstanding the proposed review, the Commissioner considers that there is significant
merit in releasing this report now, given the concerns of the local community and the
importance of the outcome of the proposed review.
ParliamentarY CommiSSioner for tHe environment
pce
7
Remit and Terms of Reference
Pursuant to s 16(1)(b) of the Environment Act 1986, the Parliamentary Commissioner
for the Environment (the Commissioner) has the function:
…where the Commissioner considers it necessary, to investigate
the effectiveness of environmental planning and environmental
management carried out by public authorities, and advise them on any
remedial action the Commissioner considers desirable.
This report has been prepared in accordance with s 16(b) to provide information and
guidance to HDC, Horizons, and members of the community. This information and
advice relates to the following matters:
• assessing the performance of those responsible for the Levin landfill subsequent
to the granting of resource consents for the site in 2002, in relation to:
– concerns raised by tangata whenua
– community consultation
– compliance with resource consent conditions
– monitoring and enforcement of consent conditions
– compliance with the requirements of the Resource Management Act 1991
(RMA) and other relevant legislation
• assessing governance and operational changes which could improve the future
performance of the landfill
• how these changes may be achieved, under the existing legislative framework and
including the proposed consent review.
The purpose of this report is not to re-investigate the issues in the 1994–2002
application and appeal process. Nor does it intend to address the wider questions
regarding waste importation, except to the extent that this could affect the service
life of the current site. Rather, the intention is to consider the management of the
site since the consents were granted, with a focus on matters relating to “avoiding,
remedying or mitigating any adverse effects of activities on the environment” and
community consultation. Consideration is also given to the need for appropriate
future planning, preferably well before the operative landfill reaches design capacity.
Apart from access to information, the Environment Act 1986 provides the
Commissioner with advisory powers only. This report is therefore limited to making
recommendations.
levin landfill: environmental management review
8
Background
Location of the Levin landfill
The Levin landfil is located on Hokio Beach Road in the Horowhenua District,
4 kilometres west of Levin. The landfill site is in undulating sand country surrounded by
pastoral farming, with the Hokio Stream (the single outlet of Lake Horowhenua) close to
the northern boundary. This stream flows west to the sea, 2.5 kilometres away.
Figure 1: Position of Levin landfill site
ParliamentarY CommiSSioner for tHe environment
pce
9
Local concerns
Of concern to local iwi is the potential effect of the landfill on Hokio Stream and
waahi tapu in the area. The Ngaatokowaru marae (Ngaati Pareraukawa, Ngaati
Raukawa) is located about 500 metres northeast of the landfill property, while the
Kawiu marae (Muaupoko) is on the northern shore of Lake Horowhenua to the east.
Tangata whenua have a special connection to both the groundwater and surface
water. The Hokio Stream has traditionally been a source of food such as eels, drinking
water, recreation, identity and cultural learning. Shellfish are gathered from the coast
near the stream mouth. Archaeological sites in the area include shell middens and
possible burial sites.
Site history
Pre-1994
In the 1950s a small rubbish dump was developed next to the area now occupied by
the modern landfill. This was one of many dumps in the district, each servicing the
town nearby. Upon reaching capacity in the mid-1970s, a second dump was opened
on the site. By this stage there was local concern about degrading environmental
quality in the area, as the sewage scheme for the growing town of Levin included
discharge through Lake Horowhenua and Hokio Stream to the coast. This concern
eventually led to the Lake Horowhenua and Hokio Stream Catchment Management
Strategy in 1997, which aimed to improve in-stream water quality. Groundwater
continues to be used, particularly as stock-water on farms in the area.
Before 1992, most New Zealand landfills were no more than local dumps that were
often poorly sited, designed and managed. It is estimated that there were more than
1,000 such landfills.1 With the introduction of the RMA, more stringent requirements
began to be introduced. As a result, many small dumps were closed; nationally, the
number of dumps decreased from 327 in 1995 to 115 in 2002.2 Closing the old
landfill at Levin, and constructing a new one, was part of this rapid adjustment.
A discussion paper for a draft Solid Waste Management Strategy for the Horowhenua
District was developed in 1992. This paper, which discussed possible future options,
was released for public comment with the 1992/93 Annual Plan. The Foxton, Foxton
Beach, Tokomaru and Shannon landfills were then closed by 1996, with Levin retained
as the one landfill for the district.
Post-1994: the consent process
As the old Levin landfill site was scheduled to reach capacity in the late 1990s, HDC
lodged an application for resource consents for a new landfill site (adjacent to the old
one) in September 1994. The district also needed an immediate replacement for the
closed dumps.
levin landfill: environmental management review
10
As part of the consent application process, a hui was held at the Kawiu marae in
February 1995. Members of the public, including tangata whenua, were invited to
attend and to provide feedback on the Council’s proposed landfill extension. The
proposal was strongly opposed, with calls for alternative sites to be investigated. In
response to various concerns expressed at the hui, several major changes were made
to the consent application, including adding a synthetic liner. These changes were
presented at a second hui at Kawiu marae in October 1995, but there was continuing
opposition to the proposal from tangata whenua.
As HDC needed to develop a new landfill immediately, the revised applications were
lodged with Horizons in October 1995. At this time there were disputes over the
extent to which:
• the two hui met legal requirements for consultation with tangata whenua
• appropriate steps were being taken to identify and protect potential waahi tapu
• alternative sites had been considered.
As a consequence, Horizons deferred hearing the resource consent applications until
their Iwi Liaison Officer had prepared a report on the first two matters.
Horizons reached a decision in favour of all but one resource consent application for
the new landfill in 1997. The decisions on all five consents were, however, appealed
to the Environment Court. At this point the Parliamentary Commissioner for the
Environment was called upon to investigate matters relating to consultation and
protection of waahi tapu. Several Court mediation meetings were held in 2000,
with the resource consents finally being approved in 2002 via an Environment Court
consent order (Judge Allin).
The outcome of the application and appeal process involved three aspects:
1. protecting waahi tapu (discharge permit 6009, specific condition 30)
2. forming a Neighbourhood Liaison Group (discharge permit 6009, specific
conditions 32, 33 and 34)
3. monitoring leachate into groundwater (various consent conditions).
The new landfill was completed and opened in 2004. At that time the old landfill,
which had reached its original intended capacity around 1997, was closed and
capped. The 1998/99 National Landfill Census Report3 acknowledges, however,
that landfills continue to affect the environment for 30–50 years after closure. As a
consequence, the objectives of the National Landfill Census include:
• closed landfills to be monitored and managed effectively
• all operative landfills to be consented and compliant with conditions
• these conditions to reflect nationally consistent standards of environmental
management.