TITLE: TRADE WASTE DISCHARGE APPLICATION PROCEDURE REFERENCE NUMBER: RESPONSIBLE DEPARTMENT: Health & Public Safety APPLICABLE LEGISLATION: SA Public Health Act 2011 Water Industry Act 2012 Local Government Act 1999 STRATEGIC PLAN: Strategic Imperatives: Urban Growth Shared Aspirations: Human Settlements RELATED POLICIES / CORPORATE GUIDELINE: Trade Waste Discharge Policy APPROVED: <<Insert Date>> NEXT REVIEW DATE: <Insert Date>> 1. PURPOSE This procedure outlines the lodgement and processing requirements for applications for: wastewater works approvals for trade waste wastewater systems under the South Australian Public Health (Wastewater) Regulations 2013; and section 56 authorisations to discharge trade waste into the Council’s CWMS under the Water Industry Act 2012 2. PROCEDURE 2.1 Approval Required to Discharge Trade Waste Council’s approval is required to discharge trade waste from an onsite wastewater system into the Council’s CWMS. In accordance with the Council’s Trade Waste Discharge Policy, persons who operate a trade waste wastewater system must have: wastewater works approval under the Regulations; and a section 56 authorisation under the Water Industry Act 2012. Application for a wastewater works approval and/or a section 56 authorisation must be lodged with Council. The following circumstances may trigger the need for an application: Trade Waste Application Procedure 7 January 2014 Page 1 of 4 1. 2. an application for development approval to build new premises or for extensions to commercial and/or industrial use; or where there is a change in use of land (including a change in business activities on the land) that will impact upon the type of waste to be discharged from the land. The relevant application forms are available from the Council XXX address or at Council’s website www.XXX. In some circumstances, Development Approval may also need to be obtained from Council in relation to trade waste activities on land, and in this case, a separate development application must be lodged. 2.2 Documentation – Application for Wastewater Works Approval To ensure the efficient and prompt assessment of an application for wastewater works approval, the following information must be provided in conjunction with payment of the relevant application fee: 1. a completed application form signed by both the owner of the land and applicant 2. A site plan (1:200) showing the location of proposed and/or existing wastewater and trade waste infrastructure 3. A floor plan (1:100) detailing plumbing and any pre-treatment facilities 4. For certain industry types, wastewater analysis results or chemical documentation (Material Safety Data Sheets) may also be required 5. Any other information or documentation as deemed necessary by council 2.3 Application Fee The application fee for a wastewater works application (trade waste) consists of an application fee as prescribed by Schedule 1 of the SA Public Health (Wastewater) Regulations 2013 (the Regulations). It is necessary for the Council to conduct inspections of the property in respect of which an application relates. The fee payable for an inspection is also prescribed by the Regulations. In the case of applications received for an existing wastewater system or for an alteration to a pre-treatment device, one inspection is required in connection with the application. In the case of applications received for a new wastewater system two inspections are required in connection with the application. 2.4 Assessment of Application for (trade waste) Wastewater Works Approval Applications will be assessed in accordance with standard Council allocated timeframes, subject to all relevant information and fees being provided at the Trade Waste Application Procedure 7 January 2014 Page 2 of 4 time of lodgement. Council may request additional information to be provided (e.g. amended plans, engineering details, supporting documentation etc). Wastewater Works approvals are issued in accordance with the Regulations. The approval remains in force until the relevant system is decommissioned. The approval operates to authorise the installation of a (trade waste) on-site wastewater system, subject to the conditions that the Council considers appropriate to impose under regulation 25 of the Regulations. A condition that attaches to wastewater works approvals is that trade waste must not be discharged from the system unless authorised by the Council under section 56 of the Water Industry Act 2012. This means that wastewater systems that generate and discharge trade waste into the Council’s CWMS require a separate authorisation in addition to a wastewater works approval. 2.5 Water Industry Act s.56 Authorisation to discharge trade waste An application for a section 56 Authorisation to Discharge Trade Waste must be submitted where a wastewater works approval has been granted in respect of a trade waste wastewater system. An authorisation to discharge trade waste is subject to any reasonable conditions that the Council sees fit to impose. The authorisation may be granted for a specified period and/or continue in operation until a specified event occurs (i.e. a change in tenancy), which may trigger the need for a new application for a section 56 authorisation. A condition that attaches to section 56 authorisations is that the operator of a trade waste wastewater system must notify the Council of any change in use of the land on which the system is located (including a change in any business activities on the land). This is because such change may impact upon the nature of the waste discharged from the wastewater system. Accordingly, notification of the change is necessary to avoid any unauthorised discharge of waste into the Council’s CWMS, which is an offence under the Water Industry Act 2012 that may be enforced by the Council. TThe Council will conduct inspections to assess the operation and maintenance of the trade waste wastewater system, and compliance with any conditions. Inspections will also be conducted to facilitate a renewal of a section 56 authorisation (if applicable). 2.6 Changes to Wastewater Works Approvals issued prior to July 2014. Trade Waste Application Procedure 7 January 2014 Page 3 of 4 Prior to 1 July 2014, a section 56 authorisation was not required by the Council in respect of trade waste discharges. Accordingly, Wastewater works approvals for trade waste wastewater systems that were issued prior to July 2014, operate to authorise the discharge of trade waste into the Council’s CWMS system.. In order to give effect to the Council’s Trade Waste Discharge Policy and to ensure the appropriate and consistent management of trade waste discharges into the Council’s CWMS in the interests of public health, a condition will be imposed on all trade waste wastewater works approvals issued prior to July 2014 by written notice to the operator of the relevant trade waste wastewater system. The new condition: will require that trade waste may only be discharged from the system where authorisation has been granted by the Council for this purpose, following application by the operator, under section 56 of the Water Industry Act 2012; and will be imposed pursuant to section 25(7) of the Act, and will not take effect until 6 months from the date of the notice to the operator of the wastewater system that notifies of its imposition. The effect of the new condition is that operators of existing (trade waste) wastewater systems (i.e. that were approved prior to date) will be required to apply for a section 56 authorisation. No fee is payable for an application for a section 56 authorisation that is made following the imposition of a new condition upon an existing wastewater works approval. 3. REVIEW This Standard Operating Procedure will be reviewed every four (4) years or earlier in the event of changes to legislation or related Policies and Procedures or if deemed necessary by the Health & Public Safety Department. 4. ACCESS TO THE PROCEDURE The Standard Operating Procedure is available to staff via the Policies & Operating Guidelines section of the Intranet. 5. FURTHER INFORMATION For further information on this Standard Operating Procedure, please contact: Title: The Manager, Phone: XXX Trade Waste Application Procedure 7 January 2014 Page 4 of 4