Agenda of Nelson Tasman Regional Landfill Business Unit

Nelson Tasman Regional Landfill Business Unit – Delegations

The Nelson Tasman Regional Landfill Business Unit (NTRLBU) is a joint committee of Nelson City and Tasman District Councils. The NTRLBU is governed by a Terms of Reference (A1983272).

Areas of Responsibility

· Matters relating to the operation and use of the York Valley and Eves Valley landfills as regional landfill facilities, and the timing of their use.

Powers to Decide

· Setting of fees and charges for waste disposal at the regional landfill facilities by 30 June each year; including the power to apply discounted fees and charges for the disposal of waste in bulk; and to determine other circumstances where discounted fees and charges may be applied.

· Decisions to accept (or not accept) waste that is generated outside the Nelson-Tasman region.

Power to Recommend to Councils:

· Any other matters under the area of responsibility of the Business Unit

· All recommendations to Council will be subject to adoption of an equivalent resolution by the other Council, unless it is a matter specific to one Council only.

Quorum:

· The Memorandum of Understanding governing the NTRLBU allows for either four or five members to be appointed. The quorum at a meeting is either two (if four members are appointed), or three (if five members are appointed), including at least one from each local authority.

Procedure:

· The Standing Orders of the Council providing administration to the committee shall be applied at each meeting

· The Chairperson will not have a casting vote

· Copies of minutes of meetings of the Nelson Tasman Regional Landfill Business Unit will be retained by each Council for record keeping purposes.

Nelson Tasman Regional Landfill Business Unit

14 May 2021

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 4 December 2020 6 - 11

Document number M15325

Recommendation

That the Nelson Tasman Regional Landfill Business Unit

1. Confirms the minutes of the meeting of the Nelson Tasman Regional Landfill Business Unit, held on 4 December 2020, as a true and correct record.

6. Chairperson's Report

7. Nelson Tasman Regional Landfill Business Unit Long Term Plan Feedback Submission Report 12 - 33

Document number R25840

Recommendation

That the Nelson Tasman Regional Landfill Business Unit

1. Receives the report Nelson Tasman Regional Landfill Business Unit Long Term Plan Feedback Submission Report (R25840) and its attachment (A2634093); and

2. Confirms the 20% increase in the Nelson Tasman Regional Landfill Business Unit fees and charges as proposed in the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2021-2031 and 2021/2022 Business Plan, taking into account submissions made to Nelson City Council and Tasman District Council through each Council’s draft Long Term Plan 2021-2031 consultation process.

Recommendation to Nelson City and Tasman District Councils

That the Nelson City Council and Tasman District Councils

1. Notes that the fees and charges at the Nelson Tasman Regional Landfill Business Unit will increase by 20%; and

2. Notes that there are no changes to the 2021/2022 Nelson Tasman Regional Landfill Business Unit Business Plan (A2495934); and

3. Note that there are no changes to the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2021-2031 (A2511191).

CONFIDENTIAL Business

8. Exclusion of the Public

Recommendation

That the Nelson Tasman Regional Landfill Business Unit

1. Excludes the public from the following parts of the proceedings of this meeting.

2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Nelson Tasman Regional Landfill Business Unit Meeting - Confidential Minutes - 4 December 2020	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Nelson Tasman Regional Landfill Business Unit Meeting - Confidential Minutes - 4 December 2020

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Nelson Tasman Regional Landfill Business Unit Minutes - 4 December 2020

Minutes of a meeting of the Nelson Tasman Regional Landfill Business Unit

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Friday 4 December 2020, commencing at 9.33a.m.

Present: Nelson City Councillor J Edgar (Chairperson), Tasman District Councillor S Bryant, Nelson City Councillor B McGurk and Tasman District Councillor T Walker (Deputy Chairperson)

In Attendance: TDC Engineering Services Manager, (R Kirby), NCC Group Manager Infrastructure (A Louverdis), General Manager Regional Sewerage and Landfill, (N Clarke), Accountant, (A Bishop), and Governance Adviser (E Stephenson)

Apology: Mr A Stephens

1 Apologies

Resolved RLBU/2020/018

That the Nelson Tasman Regional Landfill Business Unit

1. Receives and accepts the apology from Mr A Stephens.

McGurk/Bryant Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 11 September 2020

Document number M14105, agenda pages 6 - 11 refer.

Resolved RLBU/2020/019

That the Nelson Tasman Regional Landfill Business Unit

1. Confirms the minutes of the meeting of the Nelson Tasman Regional Landfill Business Unit, held on 11 September 2020, as a true and correct record.

McGurk/Walker Carried

6 Chairperson's Report

The Chair gave a verbal report acknowledging the work undertaken in the Unit regarding greenhouse gas emissions and on everyday processes with a focus on the future. She noted that the Te Tauihu Intergenerational Strategy encouraged us to be good ancestors, and that this was one of the key things for the landfill. She thanked the management team for its work and Business Unit members for their input and good direction. Councillor Bryant acknowledged the work of the Chairperson, and of all those around the table, under challenging circumstances.
Resolved RLBU/2020/020
	*That the Nelson Tasman Regional Landfill Business Unit* *1. Receives the Chairperson’s report.*
Edgar/Bryant Carried

7. Nelson Tasman Regional Landfill Business Unit 2021-2031 Activity Management Plan and 2021/22 Business Plan Feedback Report

Document number R21469, agenda pages 12 - 146 refer.

General Manager Regional Sewerage and Landfill, Nathan Clarke, presented the report. Discussion took place regarding the Terms of Reference (TOR) and the different timeframes for the Nelson Tasman Regional Landfill Business Unit (NTRLBU) and the Nelson Regional Sewerage Business Unit (NRSBU) Activity Management/Business Plans. It was noted that despite differing timeframes, officers endeavoured to provide the Activity Management Plans (AMPS) to the councils in a timely, aligned manner to meet all Long Term Plan (LTP) timelines.

An action from this discussion was that a review of the TOR be programmed into the two councils’ work programmes, however, noting that this was not urgent at this point in time

Both councils’ feedback on the Business Plan and AMP and the differences in how the two councils formed their LTPs were discussed.

The Chair noted that from the Board’s perspective, the development of the Business Plan and AMP had been a robust process.

Resolved RLBU/2020/021

That the Nelson Tasman Regional Landfill Business Unit

1. Receives the Nelson Tasman Regional Landfill Business Unit 2021-2031 Activity Management Plan and 2021/22 Business Plan Feedback Report (R21469) and its attachments (A2511191 and A2495934); and

2. Approves the Nelson Tasman Regional Landfill Business Unit 2021-2031 Activity Management Plan (A2511191) and 2021/22 Business Plan (A2495934) for submission to Nelson City Council and Tasman District Council for inclusion in their Long Term Plans, with delegation of all minor amendments to the Nelson Tasman Regional Landfill Business Unit Chairperson.

Bryant/McGurk Carried

Recommendation to Nelson City Council and Tasman District Council

Resolved RLBU/2020/022

That the Nelson City Council and Tasman District Councils

1. Adopts the 2021/2022 Nelson Tasman Regional Landfill Business Unit Business Plan (A2495934) for inclusion in their Long Term Plans; and

2. Adopts the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2021-2031 (A2511191) for inclusion in their Long Term Plans.

Bryant/McGurk Carried

8. Nelson Tasman Regional Landfill Business Unit Quarterly report

Document number R21487, agenda pages 147 - 171 refer.

General Manager Regional Sewerage and Landfill, Nathan Clarke, presented the report, noting a concern regarding health and safety on site. There had been a number of small fires at the landfill from batteries, discussion took place regarding progress on the thermal imaging and water storage tanks. There had been one incident of staff injury, resulting from a falling board when opening the back door on a waste container. He advised that he was looking into safe work procedures and had asked for support from Council’s Health and Safety staff to conduct an audit.

Discussion took place regarding health and safety obligations and Operations Manager Regional Services, Brad Nixon, advised that in response to the Business Unit’s safety concerns, Downer had made some changes and clarified expectations of staff when unloading waste containers which had reduced the residual risk, however the only way to remove the risk was to remove people from undertaking this task and this was not an option in the short term. Mr Nixon confirmed that all the investigation and results from Downer were in writing, and the NRSBU still needed to response in writing.

It was suggested that the landfill should be aiming to have fully mechanised processes, however as the bins were not all owned by the councils, the only way to move to an automated process was to change the rules of use at the landfill. A conversation with the manufacturer regarding options was suggested.

Concern was expressed at the length of time the new compactor had been out of service for. It was also noted that the compactor supplier had agreed to allow modification of the wheels without voiding the warranty.

Mr Clarke noted that the landfill was running smoothly at a profit, partly because the reduction in waste anticipated as an outcome of COVID had not occurred and waste generation was back to previous levels.

The management of lithium ion battery disposal, which was an ongoing issue, was discussed. It was noted that several ideas were being considered, including a free battery drop off, better advertising and a rebate for returned batteries.

Following discussion on reporting back on waste minimisation activities it was requested that a summary of waste minimisation activities be provided to the NTRLBU Board annually.

Resolved RLBU/2020/023

That the Nelson Tasman Regional Landfill Business Unit

1. Receives the report Nelson Tasman Regional Landfill Business Unit Quarterly report (R21487) and its attachment (A2532146).

Walker/McGurk Carried

9. Exclusion of the Public

Resolved RLBU/2020/024

That the Nelson Tasman Regional Landfill Business Unit

1. Excludes the public from the following parts of the proceedings of this meeting.

Bryant/McGurk Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Landfill Gas System Due Diligence Report	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities
2	Regional Landfill Options in York Valley Catchment	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Landfill Gas System Due Diligence Report

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Regional Landfill Options in York Valley Catchment

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

The meeting went into confidential session at 10.33a.m. and resumed in public session at 11.41a.m.

Restatements

It was resolved while the public was excluded:

CONFIDENTIAL: Landfill Gas System Due Diligence Report

That the Nelson Tasman Regional Landfill Business Unit

4. Agrees that the report (R21463) and decision remain confidential at this time.

CONFIDENTIAL: Regional Landfill Options in York Valley Catchment

That the Nelson Tasman Regional Landfill Business Unit

2. Agrees that the report (R21489) remain confidential at this time.

There being no further business the meeting ended at 11.41a.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 7: Nelson Tasman Regional Landfill Business Unit Long Term Plan Feedback Submission Report

Nelson Tasman Regional Landfill Business Unit

14 May 2021

REPORT R25840

Nelson Tasman Regional Landfill Business Unit Long Term Plan Feedback Submission Report

1. Purpose of Report

1.1 To summarise submissions made by members of the public in respect to the Nelson Tasman Regional landfill Business Unit (NTRLBU) Activity Management Plan 2021 -2031 (AMP) as outlined in both the Nelson City Council (NCC) and Tasman District Council (TDC) Long Term Plans (LTPs) to assist the NTRLBU in its deliberations.

1.2 To confirm an increase of 20% in fees and charges at the York Valley landfill.

2. Summary

2.1 The NTRLBU has prepared its AMP for inclusion in the NCC and TDC LTPs.

2.2 The Councils have publicly consulted on their LTPs and have provided feedback from the community to NTRLBU for consideration.

2.3 The feedback from the community has been summarised and considered in this report.

2.4 The NTRLBU must now deliberate on submissions and make decisions on whether to make any changes to the NTRLBU Activity Management Plan 2021 -2031 and the associated Fees and Charges.

3. Recommendation

That the Nelson Tasman Regional Landfill Business Unit

1. Receives the report Nelson Tasman Regional Landfill Business Unit Long Term Plan Feedback Submission Report (R25840) and its attachment (A2634093); and

Recommendation to Nelson City Council and Tasman District Council

That the Nelson City Council and Tasman District Councils

1. Notes that the fees and charges at the Nelson Tasman Regional Landfill Business Unit will increase by 20%; and

2. Notes that there are no changes to the 2021/2022 Nelson Tasman Regional Landfill Business Unit Business Plan (A2495934); and

3. Note that there are no changes to the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2021-2031 (A2511191).

4. Background

4.1 Fees and charges for the York Valley Regional landfill facility have been proposed to increase by 20% and these charges have been consulted on.

4.2 Fees and charges are proposed to increase by 20%, from $171/tonne (including GST) in 2020/21, to $204.70/tonne (including GST) in 2021/2022. This is as a result of increased capital expenditure to implement a number of improvements to the gas management system that will enable reduced carbon emissions, increased costs to address stormwater control, increases to the government’s Waste Minimisation Levy (which is a levy imposed for waste disposed to landfill), increases in carbon emissions costs under the New Zealand Emissions Trading Scheme, and funding requested by Nelson and Tasman councils for the local disposal levy.

4.3 The breakdown of the reasons for the fees and charges is documented in the Nelson Tasman Regional Landfill Business Unit 2021-2022 Business Plan (A2495934). This plan indicates that 64% of the increase relates to the increase in Waste Minimisation and Local Disposal Levies. A further 23% of the increase relates to increased depreciation. The remainder (13% of the overall fee increase) relates to the Emissions Trading Scheme costs, carbon studies, Operation & Maintenance costs, increases in management costs, and general costs, less additional income from gas sales.

4.4 Submissions were made by residents or on behalf of organisations or their members.

4.5 This report covers the main issues raised in submissions. A copy of all the submissions received is included in Attachment 1.

4.6 Please note that all figures in this Feedback Submission Report are uninflated.

4.7 Recommendations are provided where a change to the proposal consulted on is suggested.

4.8 It is noted that NTRLBU has made no response to submitters as these submissions were made to NCC and TDC and are being administered by the relevant staff within the councils.

5. Discussion

NCC Submissions

5.1 32 submissions were received which had some reference to the NTRLBU and or fees and charges related to NTRLBU.

5.2 Of the 32 submissions received, 14 stated support for increasing landfill fees and expressed the opinion that this would provide an incentive to divert waste from landfill.

5.3 An additional seven submissions supported landfill fee increases.

5.4 Three of these expressed support for reuse of landfill gas harvesting as a fuel source.

5.5 One submission indicated that waste disposal costs are too high and are leading to fly tipping.

5.6 Six submission expressed support for diversion of material from landfill with three submissions expressing support for diverting demolition and construction wastes.

5.7 One submission expressed appreciation for the efforts to reduce waste to landfill.

5.8 One submission supported user pays for landfill costs.

5.9 Two submissions requested an emissions dashboard.

5.10 In reviewing the feedback in relation to the NTRLBU submissions, there were two submissions expressing concern regarding the landfill charges, with the key issue expressed being an increase in fly tipping.

5.11 One submitter expressed concern regarding the contaminated soils and was concerned about the cost of decontamination and disposal.

5.12 12 NCC submitters have requested that they be heard at the LTP hearings in relation to their submission.

5.13 Key activities NTRLBU has included in the AMP that relate to points raised by submitters include:

· Diversion of material from landfill, and setting up an alternative site to allow this diversion to happen,

· Reduction of emission production from the landfills,

· Use of landfill gas, including use of the landfill gas as Biofuel.

5.14 Following review of the NCC submissions it has been identified that there are no issues raised in submissions that have not been considered, and that the plan proposed addresses the bulk of the issues outlined in the submissions and no changes are proposed to the Fees and Charges.

TDC Submissions

5.15 NTRLBU received five submissions from TDC submitters.

5.16 Three submitters indicated approval of the increase in Waste Disposal Fees and Charges.

5.17 One submitter supported emission reduction from the landfill.

5.18 One submitter was concerned that the increase in fees would result in increased “dumping under the disguise of donations” at charity stores and requested a discount in waste disposal costs. While NTRLBU considers this issue to be a TDC solid waste issue, NTRLBU has inferred that this organisation is not a supporter of the increase in fees.

5.19 One submitter indicated that Waste Disposal Charges were disgraceful and expected the increased charges to result in increased fly tipping.

5.20 TDC submitters either supported the fee increase or were not in support due to a concern that fly tipping would increase.

5.21 Two TDC submitters have indicated that they would like to speak at LTP Hearings.

5.22 Following review of the TDC submissions it has been identified that there are no issues raised in submissions that have not been considered, and that the plan proposed addresses the bulk of the issues outlined in the submissions and no changes are proposed to the Fees and Charges.

6. Options

6.1 The NTRLBU has the option to adopt the Fees and Charges, or Adopt the Fees and Charges with changes to reflect the submissions made by submitters. Officers recommend Option 1.

Option 1: Adopt the Fees and Charges with no changes. Officers recommend this option.
Advantages	· Gives clear guidance for the NTRLBU officers to deliver the programme of works and allows this programme to be started at the commencement of the 2021 -22 financial year. · Supports NTRLBU meeting the obligations of its Memorandum of Understanding with NCC and TDC. · Assists both Councils in meeting their requirements of the LGA.
Risks and Disadvantages	· May not fully satisfy some submitters that NTRLBU has considered their submissions.
Option 2: Adopt the Fees and Charges with changes to accommodate issues raised in submissions
Advantages	· Demonstrates consideration of submitter concerns
Risks and Disadvantages	· Not adopting will create issues with the delivery of the plan and will require the revision of both NCC and TDC LTPs and additional approval processes to accommodate any changes to the CAPEX and OPEX charges. · Will create confusion for NTRLBU and its staff on what the core programme of works is. · Will create further workload for NTRLBU staff, which will further constrain their ability to deliver the current and proposed programme of works. · Creates issues for both Councils in meeting their requirements of the LGA.

7. Conclusion

7.1 The NTRLBU has considered the submissions made by both NCC and TDC submitters, and has concluded that the submissions made, in general support the actions being undertaken by NTRLBU and that there is no need to reconsider or make changes to the Activity Management Plan.

7.2 NTRLBU recognises that fly-tipping may increase because of the increase in fees and changes, however this is outside NTRLBU Terms of Reference and falls under the TDC and NCC to monitor this.

Author: Nathan Clarke, General Manager Regional Sewerage and Landfill

Attachments

Attachment 1: A2634093 - NTRLBU 2021 -2031 LTP Submission Summary ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The NTRLBU is a joint committee constituted pursuant to the provisions of Schedule 7 to the Local Government Act 2002. The regional landfill contributes to the four Local Government well-beings of social, economic, environmental, and cultural.

2. Consistency with Community Outcomes and Council Policy

The NTRLBU Disposal Fees feed into Nelson City and Tasman District Councils’ 2021-31 LTPs and the NTRLBU Activity Management Plan feeds into the NCC and TDC Activity Management Plans.

3. Risk

This report allows NTRLBU to consider the community feedback on the NTRLBU fees and development through NCC and TDC community consultation processes. These comments will be considered by the Board. The risk of not confirming the fees is that this could delay the NTRLBU implementing their Business Plan for 2021/22, could also delay the implementation of the Activity Management Plan, and could have a consequential effect on NCC and TDC Council Annual Plans and Activity Management Plans

4. Financial impact

The NTRLBU 2021/22 fee reflects an increase in essential renewals expenditure and the commencement of the landfill including storm water upgrades.

5. Degree of significance and level of engagement

The NTRLBU plans are included in the Long Term Plans and Annual Plans of each Council. Consultation has been undertaken by both Councils in the preparation and adoption of these plans.

6. Climate Impact

A key feature of the NTRLBU Business Plan and Activity Management Plan are projects that work toward mitigation of greenhouse gas emissions. This includes a commitment to measure and reduce greenhouse gas emissions from the facility.

7. Inclusion of Māori in the decision-making process

No engagement with iwi has been undertaken in preparing this report, but iwi have representation on the Board.

8. Delegations

Nelson Tasman Regional Landfill Business Unit Joint Committee has the following delegations:

5.6.1 Relevant Areas of responsibility:

• Landfill, including York Valley landfill and Eves Valley landfill.

5.6.2 Delegations:

The NTRLBU may without the need to seek any further authority from the councils:

· Set fees and charges for waste disposal at the regional landfill facilities by 30 June each year; including the power to apply discounted fees and charges for the disposal of waste in bulk; and may determine other circumstances where discounted fees and charges may be applied. For clarity, the fees and charges shall be included in the draft annual Business Plan that is submitted for Council approval each year.