Waters Pollution Regulations, 1963

196:1/30 THE WATERS POLLUTION REGULATIONS 1963 BERNARD FERGUSSON, Governor-General ORDER IN COUNCIL At the Government Buildings at Wellington this 25th day of February 1963 Present: THE RIGHT HON. KEITH HOLYOAKE, C.H., PRESIDING IN COlTNCIL PURSUANT to the Waters Pollution Act 1953, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations. REGULATIONS 1. (1) These regulations may be cited as the Waters Pollution Regu lations 1963. (2) These regulations shall come into force on the 1st day of April 1963. 2. (1) In these regulations, unless the context otherwise requires, "The Act" means the Waters Pollution Act 1953: "Coastal waters" means all tidal saline waters within the territorial limits of New Zealand: "Controlled catchment area" means an area under the control of a local authority to which the public and domestic animals are prohibited from entry and from which waters are drawn for a public water supply or for use in the preparation and pro cessing of food for sale for human consumption: "Inland waters" means all waters other than coastal waters: "Outfall", with respect to any pollutant, means the point at which the pollutant is discharged into waters: "Uncontrolled catchment area" means an area to which the public or domestic animals are not prohibited from entry and from which waters are drawn or likely to be drawn for public con sumption or for use in the manufacture of food for sale for human consumption, whether or not it requires suitable treat ment for either of these uses under any other enactment. (2) Terms and expressions defined in the Act, shall, when used in these regulations, have the meanings so defined. 2 W all'/".( Poll ut ,» r eu lutio ns / .(16.? .~ 1%3/30 3. (1) The Council may from time to tim e carry out inve stig ati ons for th e purpose of ascertaining : (a) The extent of the pollution of waters in any locality: (b) The cause of any such poll ution : (c ) The number of outfalls from wh ich po llu tan ts are disch arged into the waters: (d) The persons or authorities by which any such outfnlls arc con trolled: (e) The type and amount of pollutants being discharged from each such outfall: (f) The uses for the time being made O !' likelv in the future to be made of the waters : (g) The extent to which any pollution found to exist should, in the circumstances, be con tro lled or mitigated : (h) An y other information necessa ry for the purposes of thes e regula tions. (2) Any such in vestigation ma y he carried out at the request of any person or authority having an int er est in the mitigation of pollu tion of the waters affected or the Council may decide to carry out an investiga tion on its own motion. (3) Investigations shall be carried out in such order of priority as the Council thinks fit. 4. (1) For the purpose of carrying out any investigation under these regulations the Council, or any person authorised specially or generally in that behalf in writing by the Council, may make surveys, in vesti-rations, tests, and measurements in respect of wa ters pollution, a nd for that purpose may (a) Enter and re-enter from tim e to time upon any land to 'which the authority relates with su ch assistants, gear, appliances, and equipment as may be necessary : ,', (b) Require any person to furnish such information and returns in respect of the pollution of waters as may be considered ncces sary: (c) Take samples of waters: (cD Generally do all things nec essary in respect of any such survey, investigation, test, or measurement. (2) Where practicable, reasonable notice of the intention to enter upon any land owned by another person sha ll be g iven to the owner and occupier thereof. ' (3) Every person who is authorisecl in writing as aforesaicl shall pro duce his authority when so required by the owner or occupier of any land on which he intends to enter or has en tered. (4 ) Every pe rsoll having any esta te or interest in land injuriously affected and ever y person sufTcril1f.{ an y darnaue wh enever from the exercise of any power under this regulation shall be entitled to full compensation 'from th e Council. Any such compensation may be claimed and may be determined in the manner provided by the Public .W orks Act 1928, 5. (1) The Council, after carrying out an investigation under these regulations in any locality, shall decide whether or not the waters should be classified for the purposes of these regulations. (2) Any classification under this regulanon shall specify the waters to which the classification relates by reference to a map or plan attached to the classification. 1963jJO Wains l'ollutiou R".!.!,lI!llli"n.1 Iy(j:t (3) Where inland waters are classified, they shall be classified as (a) Class A, being water-supply waters in " controlled catcluncnt area; or (b) Class 13. being water-supply waters ill all uncontrolled catchment area: or (c) Class C, being waters to which the public have ready access and used regularly for bathing; or (d) Class D. being inland waters ill classified areas not included in any of the foregoing classes. (4) Where coastal waters arc classified they shall be classified as (a) Class SA. being waters from which edible shellfish arc regularly taken for human consumption: or (b) Class SB, being waters to which the public have ready access and used regularly for bathing; or (c) Class SC, being coastal waters to which the requirements of the Seventh Schedule hereto arc applicable; or (d) Class SD, being coastal waters to which the requirements of the Eighth Schedule hereto are applicable. (5) Each of the foregoing classes of waters shall be subject to the requirements ill respect of pollution specified regarding that class ill the appropriate Schedule to these regulations, being (a) In respect of Class A, the First Schedule: (b) In respect of Class B. the Second Schedule: (c) In respect of Class C, the Third Schedule: (d) In respect of Class D, the Fourth Schedule: (e) In respect of Class SA, the Fifth Schedule: (f) In respect of Class SB. the Sixth Schedule: (g) In respect of Class SC. the Seventh Schedule: (h) In respect of Class SD, the Eighth Schedule. 6. The Council shall prepare a preliminary classification after con sidering such matters as it considers relevant. 7. Where the Council proposes to classify or reclassify any waters, a preliminary classification shall be advertised and circulated J9jn1er~led local authorities and other interested parties in such manner as the Council thinks fit. 8. (1) The Council may hear such evidence and consider such sub missions, whether in writing or otherwise, as it considers relevant. (2) After considering any objections and representations with respect to a preliminary classification ~tlie Council shall decide whether or not it will make a classification, and if it decides to do so it shall prepare a final classification. (3rThe -Council shall have the right to reclassify any waters from time to time. 9. Where a final classification is made under these regulations, the following provisions shall apply: (a) Details of the classification shall be made public by advertising and by notifying all local authorities and other persons respon sible for discharging pollutants and all bodies considered by the Council to have a substantial interest in the classification: (b) Every existing outfall from which pollutants are directly or indirectly discharged into the waters to which the classification relates shall be registered in accordance WIth these regulations: (c) Every person proposing to establish a new outfall after a final classification has been made shall apply for registration of the proposed outfall in accordance With these regulations. 4 Watas Pollution Regulatiolls 1963 1963/30 10. Every application for the registration of an outfall and for the issue of a permit in respect thereof shall be made to the Council through the Medical Officer of Health on a form provided for the purpose by fhe Council. Every such application concerning an existing outfall shall be made within three months after the date of the public notification of the final classification. 11. No pollutant shall be discharged from any registered outfall except pursuant to a permit issued by the Council under these regulations. 12. (1) The Council, after duly considering an application for a permit to discharge any pollutant into any classified waters, may refuse tb.~ermit, or grant the permit subject to such terms and conditions as it considers necessary for the maintenance of the water quality requirements specified in these regulations in respect of waters of that class. (2) When considering any such application the Council shall have regard to the effect of other discharges for which permits have been or may be issued on the waters that will be affected by the discharge in respect of which the permit is sought. (3) Where an application for a permit relates to an outfall from which pollutants are already being discharged, the Council, in its absolute dis cretion, may grant a temporary permit authorising the continuation of the discharge subject to such terms and conditions (if any) as may be prescribed in the temporary permit, Any such temporary permit shall cease to have effect when the application is finally dealt with by the Council under subclause (1) hereof. 13. (1) Every person, being the owner or user of an outfall in respect of which a permit is required under these regulations, who discharges or permits the discharge of any pollutant from the outfall otherwise than pursuant to the authority and in conformity with the terms of a permit issued under these regulations commits an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and, if the offence is a continuing one, to a further fine not exceeding ten pounds for every day during which the offence has continued. (2)Every person, being the owner or user of an outfall in respect of which a permit is issued, shall advise the Council if at any time it is proposed to discharge a volume of waste larger than, or waste of a character different from, that stated in the permit. 14. (1) Every person who causes or knowingly permits any chemical, metallic, or organic wastes, or any unsightly or odorous litter or refuse to enter any classified waters other than by way of a registered outfall commits an offence and shall be liable on summary conviction to a fine not exceeding £100, and, if the offence is a continuing one, to a further fine not exceeding £ 10 for every day during which the offence has continued. (2) For the purposes of subclause (1) of this regulation a person shall be deemed to cause matter to enter waters if he places it or causes it to be placed in a position where it is liable to fall, or descend, or be washed, or to percolate into, or be carried by wind, tide, or current into the waters. 15. Where for the purposes of these regulations it is necessary to take samples of waters, the samples shall be taken in such manner and in such places as may be required or approved by the Council, and all analyses of samples shall be made in accordance with procedures accept able to the Council. 1963/30 Willers Pollution Regulations IV6:1 16. (1) Every permit under these regulations shall remam lIJ force until it is revoked. (2) The Council may amend or revoke any of the terms and conditions of a permit or add any new terms and conditions which in its opinion are necessary in the public interest: Provided that if the terms and conditions imposed in any permit have been complied with, no new or altered terms or conditions shall, without the consent of the holder, be imposed for a period of three years after the date of the issue of the permit. (3) The Council shall give to the holder of the permit and to every other person who in its opinion is likely to be affected three months' notice of its intention to vary or revoke a permit. 17. The Council, if it is satisfied after due inquiry that the holder of a permit under these regulations has not complied with any of the terms and conditions of a permit, may vary or revoke the permit. 18. Any permit under these regulations Illay be transferred to any person. 19. Every person, being the owner or user of a registered outfall in respect of which a permit is required under these regulations, shall keep such records as may reasonably be required by the Council by notice in writing addressed to that person. 20. ( 1) Every applicant for a permit or person to whom a permit is granted, if he is dissatisfied with any decision of the Council relating to a refusal to grant a permit, or the conditions on which a permit is granted, or any variation of those conditions, or any revocation of a permit, and every person, authority, or body notified under paragraph (a) of regulation 9 hereof dissatisfied with any decision of the Council relating to the classification to which the notification relates, may, within a period of three months after being notified of the decision of the Council, give notice of appeal to the Secretary of the Council. (2) Upon receipt of notice of appeal the Secretary of the Council shall forthwith inform the Minister, who shall thereupon take all steps necessary for the constitution of an Appeal Tribunal consisting of a Magistrate and two assessors. (3) The Appeal Tribunal so constituted shall as soon as practicable hear the appeal; and may confirm or vary or cancel the decision of the Council, or may make such other order as the case may require. (4) On any appeal under this regulation the decision of the Appeal Tribunal shall be final and conclusive. (5) On any appeal under this regulation the Appeal Tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and all the provisions of that Act shall apply accord ingly. SCHEDULES FIRST SCHEDULE Reg. 5 (5) (a) REQUIREMENTS FOR CLASS A WATERS No sewage, industrial waste, or other polluting discharges shall be permitted to enter any Class A waters. G Rcg.5 (5 ) (b ) W ate rs Pollution U I'.!: ulatious I!J6.1 SECOND SCHEDULE lYli3/ 30 REQUIREMF.I'TS FOR CI.AS S 13 WATERS T m: quality of Class 13 wat ers sha ll be mai nta ined within the following limits : (a) The tem perature of the wat er s sha ll not be raised abo ve 75 degrees Fahrenheit, or (if the temperature of the waters exceeds 70 degrees Fahrenheit in thei r natural condition) shall not be ra ised by more th an 5 degrees Fahrenheit above the natural temperature of the water s : (b ) The ac idity or alkalinity of the waters as measured by the pH shall be kept within the range of 6'0 to 8'5 : (c) The waters shall not be tainted so as to make them unpalatable, nor contain tox ic substances to the ex tent that they are unsafe for consumption by humans or fa rm a nimals, nor ha ve their natural colour affected to a con spicuous extent: (d) The oxygen content in solution in the waters shall not be reduced below 6 parts per million : (e) The coliform bacteria content of the waters shall not consistently exceed 5,000 per 100 millil itres. All discharges into Class B waters shall be substantially free from suspended solids, grease, and oil. THIRD SCHEDULE Reg, 5 (5) (c) REQUIREME/,;TS FOR CLASS C WATERS :rHE quality of Class C waters shall be maintained within the following limits: (a) The temperature of the waters shall not be· raised above 75 degrees . Fahrenheit or (if the temperature of the waters exceeds 70 degrees Fahrenheit in their' natural condition) shall not be .raised by more than 5 degrees Fahrenheit above the natural temperature of the waters : (b) The acidity or alkalinity of the waters as measured by the pH shall be kept within the ran ge of 6'0 to 8'5 : (c) The waters shall not contain substances toxic or harmful to humans, nor be tainted so as to make them unpalatable, nor contain toxic substances to the extent that they are unsafe for con sumption by farm animals, nor have their natural colour affected to a conspicuous extent : (d) The oxygen content in solution in the waters shall not be reduced below 6 parts per .million : (e) The coliform bacteria content of the waters shall not consistently exceed -l ,000 per LOO millilitzes, 6ll.,discharges into Class C waters shall be substantially free from suspended solids, grease, and oil. 1963/30 Waters Pollution Regulations 1963 FOURTH SCHEDULE 1 Reg. 5 (5) (d) REQUIREMENTS FOR CLASS D WATERS Tns quality of Class D waters shall be maintained within the following limits: (a) The temperature of the waters shall not be raised above 15 degrees. Fahrenheit, or (if the temperature' of the":waters, exceeds 70 degrees Fahrenheit in' their natural condition) shall not be raised by more than 5 degrees Fahrenheit above the natural temperature of the waters: (b) The .acidity or alkalinity of 'the waters as measured by the pH shall be kept within the range of G'O to'8'5': (c) The waters shall not be tainted so as to make them unpalatable" nor contain toxic substances tothe-extentthat they are" unsafe tor consumption by farm animals, nor :have: their natural, colour affected to a conspicuous extent: (d) The oxygen content in solution in the.waters shallnot be reduced below 5 parts per million. All discharges into~ D waters shall be substantially free from suspended solids, grease, and oil. FIFTH SCHEDULE Reg. 5, (5) (e) REQUIREMENTS FOR CLASS SA WATEM Tas iquality of Class SA waters shall be maintained within the following limits: (a) There':shall be no destruction of normal aquaticvlife 'by-reason of, a concentration of toxic substances or' of -altered acidity or alkalirrity as rneasnred by the pH, or of rise-in temperature caused by the pollutant: (b) There shall be no Iouhng of fishing" groundsrt . (c) The coliform bactena content of thewatersshall' not consistently exceed 50 per 100 millilitres: [d) The waters shall not have tneir natural colour affected to 'a con spicuous extent nor give off an offensive smell. AU discharges into Class SA waters shall be substantially free' from suspended solids, grease, and oil. SIXTH SCHEDULE Reg. 5 (5) (£.) REQUIREMENTS FOR CLASS SB WATERS THE qualityof.Class SB waters shall be maintained' within .the.followmg limits: (a) There ,shall be no substances toxic or harmful to humans: (b) There shall be no destruction of }1ormal aquatic life byreason of a concentration of toxic substances, or of altered :acidity or alkalinity as measured by the pH, or, 0,£ rise in temperature caused by the pollutant: (c) There shall be no fouling of fishing grounds': (d) The coliform bacteria content of the waters shall not consistently exceed 1,000 perjOO millilitres: (e) The waters shan not have their.natural colour-affected to a con spicuous extent nor give off.an'offensive smell. AlL discharges .into Class, SB:waters-shall.;be?substantmllylfree ftom suspended solids, grease. and oil. 8 W aters Pollution Regulations 1963 SEVENTH SCHEDULE 1963/30 Reg. 5 (5) (g) R EQUffiE:\lE:"TS OF CLASS SC WATER~ THE quality of Class SC waters shall be maintained within the following limits : (a) There shall be no destruction of normal aquatic life by reason of a concentration of toxic substances, or of altered acidity or alkalinity as measured by the pH, or of rise in temperature caused by the pollutant: (b) There shall be no fouling of fishing grounds: (c) The temperature of the waters shall not be raised above 80 degrees Fahrenheit: (d) The acidity or nlkatimty of the waters as measured by the pH shall be kept within the ran~..B-9 : (e) The waters shall not have . their. natural colour affected to a conspicuous extent nor give off an offensive smell. All discharges into Class SC waters shall be substantially free from sus pended solids, grease and oil. EIGHTH SCHEDULE Reg. 5 (5) (h) REQUIREMENTS FOR CLASS SD WATERS THE·quality of Class SD waters shall be maintained within the following limits: . (a) There .shallbe no destruction ofnormal aquatic life by reason of 'a concentration..of toxic substances, or of altered acidity or alkalinity as measured by the pH, or of rise. in temperature caused by the pollutant: (b) There shall · be no -fouling of fishing grounds. All discharges .into Class SD waters shall be substantially free. from suspended solids, grease, and oil. T . .J. SHERRARD, Clerk of the Executive .Council. EXPLANATORY NOTE . This note isnot part of the regulations, but is intended to indicate their general effect. These.sregulations are made under •.the Waters Pollution. Act. 1953, and pnake provision f07; the cl:issificatio·n ·of-waters for pollution purposes: OutfalIs "'here poilu tan ts'.' are discharged into classified waters must be registered, permits "for the ·discharg~>.x;tlUst be obtained, and, specified standards must be .maintained in respect of.the .various classes of waters. Issued .under the authority ofthe Regulations Act 1936. Date ofnotification in Gazette: 28 February 1963. These ·regUla tions are administered in·the Marine Department, WiLulfOTOK-: .N &w..lZaAu ND: Printed .undce -autJrorit"! Q1 JA'U '!'..~ u:a~ "",,,,,muent, by R: E. OW&N. Government !irint<!rL:1~6~ l'ii~, 6c1. ~1516--:63 G