Revision of Contaminated Land Management Guidelines No. 1 and 5 SUBMISSION FORM The Ministry for the Environment is seeking views on proposed revisions to: Contaminated Land Management Guidelines No. 1: Reporting on Contaminated Sites in New Zealand Contaminated Land Management Guidelines No. 5: Site Investigation and Analysis of Soils These guidelines are incorporated by reference into the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011. Submissions on the revised guidelines close at 12.00 noon on Tuesday 8 March 2016. How to complete a submission You can complete a submission in three ways: 1. Use the online submission form available at www.mfe.govt.nz/consultation/consultation-contaminated-land-management-guidelines 2. Complete this submission form and send to us by email or post 3. Write your own submission and send to us by email or post. If you are posting your submission, send it to: Contaminated land management guidelines 1 and 5 Consultation, Ministry for the Environment, PO Box 10362, Wellington 6143. If you are emailing your submission, send it to nescs.submissions@mfe.govt.nz as a: PDF Microsoft Word document (2003 or later version). Publishing and releasing submissions All or part of any written submission (including names of submitters), may be published on the Ministry for the Environment’s website www.mfe.govt.nz. Unless you clearly specify otherwise in your submission, we will consider that you have consented to website posting of both your submission and your name. Contents of submissions may be released to the public under the Official Information Act 1982 following requests to the Ministry for the Environment (including via email). Please advise if you have any objection to the release of any information contained in a submission and, in particular, which part(s) you consider should be withheld, together with the reason(s) for withholding the information. Revision of Contaminated Land Management Guidelines No. 1 and 5 1 We will take into account all such objections when responding to requests for copies of, and information on, submissions to this consultation under the Official Information Act. The Privacy Act 1993 applies certain principles about the collection, use and disclosure of information about individuals by various agencies, including the Ministry for the Environment. It governs access by individuals to information about themselves held by agencies. Any personal information you supply to the Ministry in the course of making a submission will be used by the Ministry only in relation to the matters covered by this consultation. Please clearly indicate in your submission if you do not wish your name to be included in any summary of submissions that the Ministry may publish. 2 Revision of Contaminated Land Management Guidelines No. 1 and 5 SUBMISSION FORM The questions below are a guide only, and all comments are welcome. To ensure your point of view is clearly understood, please explain your rationale. Contact information Organisation Name* Contact name* Address Phone Email* Submitter type Territorial authority Regional council Unitary authority Central government Land owner or occupier Contaminated land consultant Iwi/Māori Other If ‘other’ please describe Your submission may be released under the Official Information Act 1982 and may be published on the Ministry's website. Please check this box if you would like your name, address, and any personal details withheld. An asterisk (*) indicates a mandatory field. Revision of Contaminated Land Management Guidelines No. 1 and 5 3 Contaminated Land Management Guidelines No. 1 Section 1: Introduction 1. Does this section provide adequate information on the purpose, use and scope of this guideline? Yes No What are your concerns and recommendations? Section 2: Investigating and reporting 2. Does this section provide adequate information on investigating and reporting? Yes No What are your concerns and recommendations? Appendix A: Example report table of contents 3. Is it useful to have the preliminary site investigation and detailed site investigation example reports specific to consent types? Yes No What are your concerns and recommendations? 4. Do the example reports provide sufficient flexibility for site / project specific requirements, while ensuring reports that are prepared using this guidance will provide sufficient information for your purposes? Yes No What are your concerns and recommendations? 5. Do you consider that any aspects of the example reports have been inappropriately assigned to the ‘required’, ‘if relevant / performed’ or ‘required if relevant’ categories? Yes No What are your concerns and recommendations? 4 Revision of Contaminated Land Management Guidelines No. 1 and 5 6. Will the information required for reports allow the determination of whether the report certifier is a suitably qualified and experienced practitioner? Yes No What are your concerns and recommendations? Appendix B: Underground petroleum storage system removal 7. The template provided is now an example only, to allow for the various hybrids of the original template being used. Would you prefer to have a mandatory template? Yes No What are your concerns and recommendations? 8. Does the example template encourage the recording of the appropriate type of information to allow assessments of sites where underground petroleum storage system removals have occurred? Do you have any additional recommendations? Yes No What are your concerns and recommendations? Other comments 9. Does this guideline compliment Guideline No. 5? Yes No What are your concerns and recommendations? 10. Do you have any further comments about Guideline No. 1? Revision of Contaminated Land Management Guidelines No. 1 and 5 5 Contaminated Land Management Guidelines No. 5 Section 1: Introduction 11. Does this section provide adequate information on the purpose, use and scope of this guideline? Yes No What are your concerns and recommendations? Section 2: Site assessment investigations 12. Does this section provide an adequate overview/scope of the types of investigations that are typically carried out? Yes No What are your concerns and recommendations? Section 3: Conceptual site model 13. Does this section provide adequate information and cover off all of the key aspects of a conceptual site model? Yes No What are your concerns and recommendations? Section 4: Soil investigation design 14. Does this section provide adequate information and cover off all of the key aspects of soil investigation design? Yes No What are your concerns and recommendations? Revision of Contaminated Land Management Guidelines No. 1 and 5 6 15. Because each site is unique, the revised guidelines do not include a required number of samples to be collected based on site size. Instead, the proposed changes require reports to include a justification for the number of samples selected and potential limitations of the design adopted in the context of the investigation objectives. Does the revised guideline provide sufficient guidance to generate or review a sampling design and the number of samples collected? Yes No What are your concerns and recommendations? Section 5: Undertaking detailed site investigations 16. Does this section provide a sufficient level of detail about undertaking detailed site investigations? Yes No What are your concerns and recommendations? Section 6: Laboratory analysis 17. Does this section on laboratory analysis provide sufficient guidance on what steps should be undertaken following sample collection through to the receipt of sample results? Yes No What are your concerns and recommendations? Section 7: Basics of data interpretation 18. Does this section provide a sufficient level of detail about the basics of data interpretation? Yes No What are your concerns and recommendations? Revision of Contaminated Land Management Guidelines No. 1 and 5 7 19. Are the tests detailed in this section appropriate for assessing what constitutes a guideline exceedance? Yes No What are your concerns and recommendations? 20. This section highlights that in appropriate situations it is acceptable to apply a 95% upper confidence limit to demonstrate that the average soil quality at a site may not exceed a soil guideline value. Is there enough guidance on how to appropriately use and review the 95% upper confidence limit method? Yes No What are your concerns and recommendations? Appendix A: Conceptual site model examples 21. The inclusion of example CSMs is new to this guideline. Does this add value to the guideline and support the information provided in Section 3? Yes No What are your concerns and recommendations? Appendix B: Hotspot detection 22. Does this appendix provide a sufficient level of detail about hotspot detection? Yes No What are your concerns and recommendations? 23. Table B1 has been expanded from previous versions of the guideline and provides worked examples of the Appendix B formulas to assist in understanding the relationship between grid size, hot spot size, and the investigation area. Do you have any comments on this table? Revision of Contaminated Land Management Guidelines No. 1 and 5 8 24. Is it clear that table B1 in Appendix B is not intended to define the number of samples for sites if a systematic sampling approach is being used? Yes No What are your concerns and recommendations? Appendix C: Detection limits 25. Does this appendix provide a sufficient level of detail about detection limits? Yes No What are your concerns and recommendations? Appendix D: Example of determining uncertainty using duplicate and replicate samples 26. Is the example provided sufficient? Yes No What are your concerns and recommendations? Other comments 27. Does this guideline compliment Guideline No. 1? Yes No What are your concerns and recommendations? 28. Do you have any further comments about Guideline No. 5? Submissions close at 12.00 noon on Tuesday 8 March 2016. Revision of Contaminated Land Management Guidelines No. 1 and 5 9