AGENDA
Ordinary meeting of the
Nelson Tasman Regional Landfill Business Unit
Friday 1 December 2023
Commencing at 9.30a.m.
Council Chamber
Floor 2A, Civic House
110 Trafalgar Street, Nelson
Chairperson Deputy Mayor of Tasman Stuart Bryant
Deputy Chairperson Nelson City Councillor Mel Courtney
Members Tasman District Councillor Trindi Walker
Nelson City Councillor Aaron Stallard
Iwi Representative Andrew Stephens
Quorum: Three
The Nelson Tasman Regional Landfill Business Unit (NTRLBU) (NDOCS-1974015928-495) is a joint committee of Nelson City and Tasman District Councils. The NTRLBU is governed by a Terms of Reference (NDOCS-1974015982-495).
· 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.
· 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.
· 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.
· 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.
· 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
1 December 2023
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
Document number M20260
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 18 August 2023, as a true and correct record. |
6. Chairperson's Report December 2023 15 - 18
Document number R28168
Recommendation
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Chairperson's Report December 2023 (R28168). |
7. Nelson Tasman Regional Landfill Business Unit - Activity Management Plan 2024-34 19 - 127
Document number R28140
Recommendation
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Nelson Tasman Regional Landfill Business Unit - Activity Management Plan 2024-34 (R28140) and its attachment (1399367370-8789); and 2. Adopts the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-34 (1399367370-8789), for distribution to Nelson City Council and Tasman District Council.
|
Recommendation to Nelson City Council and Tasman District Council
|
That the Nelson City Council and Tasman District Councils 1. Receive the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-34 (1399367370-8789); and 2. Approve the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2023-34 (1399367370-8789) as the version to inform the development of the Long Term Plan 2024-34. 3. Notes that the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2023-24 (1399367370-8789) will be updated, and the final Activity Management Plan approved by Council after the adoption of the Long Term Plan 2024-2034.
|
8. Nelson Tasman Regional Landfill Business Unit - Business Plan 2024-25 128 - 154
Document number R28141
Recommendation
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Nelson Tasman Regional Landfill Business Unit - Business Plan 2024-25 (R28141) and its Attachment (1399367370-8784); and 2. Adopts the Nelson Tasman Regional Landfill Business Unit Business Plan 2024-25 (1399367370-8784) for distribution to Nelson City Council and Tasman District Council. |
Recommendation to Nelson City Council and Tasman District Council
|
That the Nelson City Council and Tasman District Councils 1. Receive the Nelson Tasman Regional Landfill Business Unit Business Plan 2024-25 (1399367370-8784); and 2. Approve the Nelson Tasman Regional Landfill Business Unit Business Plan 2024-25 (1399367370-8784). |
9. Nelson Tasman Regional Landfill Business Unit General Manager Update Report December 2023 155 - 165
Document number R28148
Recommendation
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the Nelson Tasman Regional Landfill Business Unit General Manager Update Report December 2023 (R28148). |
Confidential Business
Recommendation
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 - 18 August 2023 |
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 Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
Nelson Tasman Regional Landfill Business Unit Minutes - 18 August 2023
Minutes of a meeting of the
Nelson Tasman Regional Landfill Business Unit
Te Rōpū ā-Rohe Ruapara, Whakatū / Te Tai o Aorere
Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 18 August 2023, commencing at 10.10a.m.
Present: Deputy Mayor of Tasman District Council S Bryant (Chairperson), Tasman District Councillor T Walker and Nelson City Councillors M Courtney (Deputy Chairperson) and A Stallard and Iwi Representative A Stephens
In Attendance: Deputy Chief Executive/Group Manager Infrastructure (A Louverdis), General Manager Regional Services, (N Clarke), Senior Governance Adviser (H Wagener)
Apologies : Nil
1. Apologies
No apologies were received.
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 19 May 2023
Document number M20146, agenda pages 8 - 12 refer.
|
Resolved RLBU/2023/016 |
|
|
|
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 19 May 2023, as a true and correct record. |
|
Courtney/Walker Carried |
|
6. Nelson Tasman Regional Landfill Business Unit General Manager Update report
Document number R27855, agenda pages 13 - 26 refer.
General Manager Regional Services, Nathan Clarke, took the report as read, tabled an attachment (1982984479-6499) and answered questions on safety requirements on the landfill site including the new reverse warning system on landfill compactors, new staff positions and the proposed introduction of a temporary waste transfer facility at the landfill.
Mr Clarke also answered questions on the improvement of compaction at the landfill, adherence with water quality resource consent conditions relating to the stormwater system, and the need to review changes to the Deed of Agreement and Terms of Reference to consider the use of York Valley Gullies 2 and 3 and fire safety for storage of lithium-ion batteries.
|
Resolved RLBU/2023/017 |
|
|
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Nelson Tasman Regional Landfill Business Unit General Manager Update report (R27855). |
|
Stallard/Walker Carried |
|
|
|
Attachments 1 1982984479-6499 - Nelson Tasman Regional Landfill Business Unit 18Aug2023 updated General Manager Update report |
7. Nelson Tasman Regional Landfill Business Unit Annual Report 2022/2023
Document number R27861, agenda pages 27 - 67 refer.
General Manager Regional Services, Nathan Clarke, took the report as read, tabled an attachment (1982984479-6500) and answered questions on stability works at the landfill that increased the available airspace.
|
Resolved RLBU/2023/018 |
|
|
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Nelson Tasman Regional Landfill Business Unit Annual Report 2022/2023 (R27861) and its attachments (749984575-1082 and 1995708647-53); and 2. Approves the Nelson Tasman Regional Landfill Business Unit 2021/22 Annual Report (R27861) and its attachments (749984575-1082 and 1995708647-53) for presentation to Nelson City Council and Tasman District Council. |
|
Courtney/Stephens Carried |
|
|
|
Attachments 1 1982984479-6500 - Nelson Tasman Regional Landfill Business Unit 18Aug2023 updated Annual Report 20222023 |
|
Recommendation to Council RLBU/2023/019 |
|
|
|
That the Council 1. Receive the Nelson Tasman Regional Landfill Business Unit Annual Report 2022/23 (27132) and its attachments (749984575-1082 and 1995708647-53). |
|
Courtney/Stephens Carried |
|
8. Draft Nelson Tasman Regional Landfill Business Unit Business Plan 2024/2025
Document number R27857, agenda pages 68 - 99 refer.
General Manager Regional Services, Nathan Clarke, took the report as read and answered questions on the proposed 17.7% increase in the York Valley landfill gate fee due to increasing costs including an increase to the Waste Minimisation Levy, improved safety and operational costs and an increase in debt.
|
Resolved RLBU/2023/020 |
|
|
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Draft Nelson Tasman Regional Landfill Business Unit Business Plan 2024/2025 (R27857) and its attachment (1995708647-50); and 2. Approves the Nelson Tasman Regional Landfill Business Unit Draft Business Plan 2024/2025 (1995708647-50) for presentation to the Nelson City Council and Tasman District Council with delegation of all minor amendments to the Nelson Tasman Regional Landfill Business Unit Chairperson and General Manager. |
|
Courtney/Stephens Carried |
|
|
Recommendation to Council Resolved RLBU/2023/021 |
|
|
|
That the Council 1. Receive the Nelson Tasman Regional Landfill Business Unit Draft Business Plan 2024/2025 (1995708647-50) for review and provide feedback to the Nelson Tasman Regional Landfill Business Unit, if required. |
|
Courtney/Stephens Carried |
|
9. Nelson Tasman Regional Landfill Business Unit Draft Activity Management Plan 2024-33 report
Document number R27859, agenda pages 100 - 209 refer.
General Manager Regional Services, Nathan Clarke took the report as read and answered questions on the development of York Valley Gullies 2 and 3, the lifespan of the proposed resource consent and the implications of development of Gullies 2 and 3 on the Emissions Trading Scheme obligations.
|
Resolved RLBU/2023/022 |
|
|
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Nelson Tasman Regional Landfill Business Unit Draft Activity Management Plan 2024-33 report (R27859) and its attachment (1995708647-49); and 2. Approves the Draft Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-2033 (1995708647-49) for presentation to the Nelson City Council and Tasman District Council with delegation of all minor amendments to the Nelson Tasman Regional Landfill Business Unit Chairperson. |
|
Bryant/Stallard Carried |
|
|
Recommendation to Council Resolved RLBU/2023/023 |
|
|
|
That the Council 1. Receive the Draft Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-2033 (1995708647-49) for review, and provide feedback to the Nelson Tasman Regional Landfill Business Unit if required. |
|
Bryant/Stallard Carried |
|
10. Nelson Tasman Regional Landfill Business Unit Capital/Renewals Carryover Report 2023/24
Document number R27862, agenda pages 210 - 214 refer.
General Manager Regional Services, Nathan Clarke and Accountant, Andrew Bishop, took the report as read and answered questions on the reasons for and financial implications of the carryover of capital and renewals budget.
|
Resolved RLBU/2023/024 |
|
|
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Nelson Tasman Regional Landfill Business Unit Capital/Renewals Carryover Report 2023/24 (R27862); and 2. Approves the carryover of capital and renewals budget ($0.695M) from the 2022/23 financial year to the 2023/24 financial year to ensure continuation of urgent and planned works.
|
|
Bryant/Courtney Carried |
|
11. Exclusion of the Public
|
Resolved RLBU/2023/025 |
|
|
|
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: |
|
Courtney/Walker 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 |
Nelson Tasman Regional Landfill Business Unit Meeting - Confidential Minutes - 19 May 2023 |
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 48(1)(d) That the
exclusion of the public from the whole or the relevant part of the
proceedings of the meeting is necessary to enable the local authority to
deliberate in private on its decision or recommendation in any proceedings to
which this paragraph applies. |
|
2 |
NTRLBU Compactor Procurement 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 |
|
3 |
York Valley landfill Lower Buttress construction packages 3, 4 and 5 Procurement 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)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into confidential session at 11.38a.m. and resumed in public session at 11.58a.m.
12. Restatements
It was resolved while the public was excluded:
|
1 |
NTRLBU Compactor Procurement Report |
|
|
4. Agrees that the decision be made publicly available following the completion of the landfill compactor procurement process. |
|
2 |
York Valley landfill Lower Buttress construction packages 3, 4 and 5 Procurement report. |
|
|
4. Agrees that the decision be made publicly available once the contract has been signed by all parties; and 5. Agrees that the Report (R27858) remains confidential at this time. |
There being no further business the meeting ended at 12.00p.m.
Confirmed as a correct record of proceedings by resolution on (date)
|
Resolved |
|
|
Item 6: Chairperson's Report December 2023
|
|
|
Nelson Tasman Regional Landfill Business Unit
1 December 2023
Report Title: Chairperson's Report December 2023
Report Author: Stuart Bryant - Deputy Mayor of Tasman District Council
Report Number: R28168
1. Purpose of Report
1.1 My Chair’s report provides an update on matters relating to the regional landfill following the Joint Councils Workshop to review the NTRLBU Activity Management plan of 10 December 2023.
2. Recommendation
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the report Chairperson's Report December 2023 (R28168). |
3. Background
3.1 Gas Management
3.2 The regional landfill has achieved an excellent result with the reduction in emissions and I would like to thank the General Manager and Business Unit officers and contractors for all their work achieving this significant reduction in emissions.
3.3 In attending the Joint Workshop to consider the Regional Landfill Activity management plan, it was pleasing that this achievement was shared and understood by the councillors from the two Councils, and that there was strong feedback form the councillors in support of ongoing gas reuse work.
4. Landfill Governance
4.1 During the workshop there were a number of questions directed to the General Manager that related to Governance of the landfill.
4.2 The governance documents related to the business unit are currently being reviewed and the legal aspects associated with our implementation are being explored.
4.3 Return on Landfill Assets
4.3.1 Questions were raised during the workshop on how to increase the financial return from the landfill.
4.3.2 The NTRLBU has a mandate to operate in accordance with the directives of the Commerce Commission in that any funding from the business unit to the two councils is primarily for funding waste minimisation activities. These are called the Local Development Levies (LDL)
4.3.3 There are protocols in place to determine what the LDL is for each council. If the landfill operations accrue additional income then the business unit could utilise that to decrease gate charges at the landfill.
4.3.4 The LDL’s are the only funding mechanism from the NTRLBU back to the councils under the Commerce Commission directive, no other funding can be transferred from the NTRLBU to the councils to fund any other activities other than implementing the Joint Waste Minimisation Plan. (JWMMP)
4.3.5 There was a question about separating revenue from the landfill gas operations for the two councils. Staff consider gas harvesting is part of the landfill operation and therefore any revenue needs to remain within the business unit and not be released to the councils separately to the LDL. This would compromise the Commerce Commission directive. Any revenue from the landfill gas operations should help fund the operation and maintenance of the landfill. And thereby reduce gate charges.
4.3.6 Subject to the outcome of the above discussions, the NTRLBU could consider reviewing the governance of the NTRLBU.
4.4 Previously discussions have been held (March 2020) regarding expanding the remit of the business unit to include waste minimisation. As the Joint Committee are aware, that responsibility currently sits with the two councils and falls under the umbrella of the NCC/TDC Joint Waste Management and Minimisation Plan (JWMMP).
4.5 The JWMMP was first developed in 2012 following a joint waste assessment in 2010 that identified future demands for waste management and minimisation services. A waste composition study was also undertaken in 2012. A subsequent joint waste assessment was undertaken in 2017 which informed the 2019 review of the JWMMP.
4.6 Waste assessments are a legal requirement of the Waste Minimisation Act (2008). WMMPs must be reviewed at least every six years, and accordingly, a waste assessment is undertaken prior to each review.
4.7 One of the key priorities within the 2012 JWMMP was an investigation into a joint landfill solution as running two separate landfills was identified as the biggest impediment to waste minimisation initiatives. After joint and separate studies by the two councils, a Statement of Proposal for the implementation of a regional landfill was released for consultation July 2014. The Nelson Tasman Regional Landfill Business Unit (business unit) was subsequently established 1 July 2017.
4.8 As outlined in the terms of reference, the regional landfill business unit’s core purpose is the management and operation of a regional landfill facility in accordance with:
4.8.1 The Joint Waste Management Minimisation Plan.
4.8.2 The Long-Term Plans and Annual Plans of each Council.
4.8.3 The NTRLBU Asset Management Plan (that the business unit is required to prepare).
4.8.4 The NTRLBU Business Plan (that the business unit is required to prepare).
4.8.5 Resource consent conditions of each landfill; and
4.8.6 The Solid Waste Activity Management Plans of the Councils.
4.9 The business unit is also required to ensure sufficient landfill space for future needs and that the landfill is operated in a cost efficient and environmentally sustainable manner. It is also required to be both self-funding and to generate income for the Councils to implement the Joint Waste Management Minimisation Plan through the Local Disposal Levy.
4.10 There was a purposeful separation between landfill and waste minimisation activities in the establishment of the business unit. The natural consequence of waste minimisation is reduced waste to the landfill therefore reduced income. There are a lot of fixed charges and the consequence is that the cost per tonne will escalate.
4.11 Any changes to delegations with any review will, as a minimum, require reports to both Councils to change the relevant agreement under clause 30A, Schedule 7 of the Local Government Act 2002 that established the joint committee, the terms of reference and the Councils’ respective delegation registers.
4.12 The purpose of the Waste Assessment is to gather sufficient background information regarding levels of waste, existing services and future needs to enable the councils to determine if their existing Joint Waste Management and Minimisation Plan (JWMMP) continues to meet the councils’ waste minimisation aspirations or if it needs to be amended, or completely revoked and a new plan substituted. Accordingly, there is already a review mechanism to ascertain where waste minimisation activities are best located.
4.13 The joint waste assessment is currently being completed and consideration should be given to issues being discussed in this assessment.
5. Conclusion
5.1 NTRLBU has been operating well since its establishment in 2017 and has significantly improved the effectiveness and environmental sustainability of waste disposal within the Nelson Tasman Region.
5.2 Councils could consider a review of the governance of the NTRLBU.
Attachments
Item 7: Nelson Tasman Regional Landfill Business Unit - Activity Management Plan 2024-34
|
|
|
Nelson Tasman Regional Landfill Business Unit
1 December 2023
Report Title: Nelson Tasman Regional Landfill Business Unit - Activity Management Plan 2024-34
Report Author: Nathan Clarke - General Manager Regional Sewerage and Landfill
Report Authoriser: Alec Louverdis - Group Manager Infrastructure
Report Number: R28140
1. Purpose of Report
1.1 To consider the feedback on the draft Nelson Tasman Regional Landfill Business Unit (NTRLBU) Activity Management Plan 2024-34 (AMP) from the two Councils and adopt the final NTRLBU AMP for referral back to the two Councils.
2. Summary
2.1 The NTRLBU prepared an AMP for the 2024 – 2034 period and this was approved for consultation and feedback with NCC and TDC on 18 August 2023.
2.2 The NTRLBU met with TDC and NCC officers, and a joint NCC/TDC workshop was held to consider the AMP.
2.3 Minor changes to the capital expenditure in the 2024/25 financial year are recommended following the feedback from this workshop.
3. Recommendation
Recommendation to Nelson City Council and Tasman District Council
4. Background and Discussion
4.1 The NTRLBU prepared an AMP for the 2024 – 2034 period and this was approved for consultation and feedback with NCC and TDC on 18 August 2023.
4.2 The AMP was circulated to NCC and TDC and NTRLBU officers meet with TDC and NCC officers to discuss the AMP and to receive feedback during September 2023.
4.3 There were no requested changes requested from TDC and NCC officers in the feedback received during the meeting.
4.4 The AMP was then discussed at a Joint NCC and TDC workshop held on 14 November 2023 where the programme of work was discussed along with the landfill fees.
4.5 There were some areas on the plan that were questioned during the meeting including:
4.5.1 Whether it was appropriate to maintain the landfill gate fee at a lower level due to the revenue from the sale of landfill gas.
4.5.2 Whether the Councils were being fairly rewarded for their investment in the landfill, and whether there was a way to create additional return for the Councils.
4.5.3 Whether the speed of the gas reuse implementation could be increased to allow revenue generation and carbon abatement to occur earlier.
4.6 The issues raised in items 4.5.1 and 4.5.2 are outside the scope of the Activity Management Plan.
4.7 The workshop discussion regarding bringing forward the implementation of the landfill gas reuse projects was considered.
4.8 NTRLBU officers have concluded that the best course of action is to review the implementation plan following the completion of the detailed business case, and if it is identified that the implementation can be bought forward, then this could be considered by the NTRLBU at the time.
4.9 Officers made a small increase in the budget for 2024/25 year to allow funding for the business case preparation for the gas reuse at York Valley. This small increase has no effect on the landfill gate fee.
5. Options
5.1 The following table outlines two options for the NTRLBU final Activity Management Plan. Officers support option 1.
|
Option 1: Adopt the AMP 2024-2034 for presentation to the NCC and TDC. Recommended option |
|
|
Advantages |
· Allows the implementation of plans for Waste minimisation, gas reuse and diversion of HAIL and Hazardous wastes. · Improves operational certainty for the landfill and further safeguards airspace for general waste use. · Reduces barriers to responsible disposal of HAIL and hazardous wastes. · Will allow the implementation of safety improvements to high-risk areas of the landfill. · Allows ongoing implementation of greenhouse gas mitigation works. |
|
Risks and Disadvantages |
· Requires a slight increase capital expenditure from the draft AMP 2024 -2034 approved for Consultation and Feedback. |
|
Option 2: Do not adopt the AMP 2024 - 2034 |
|
|
Advantages |
· Nil |
|
Risks and Disadvantages |
· NTRLBU will not be meeting the requirements of the Terms of Reference adopted by NCC and TDC. · NTRLBU will not have approval to continue its works programme. · NTRLBU will not meet its legal requirements, capital works programme, health and safety obligations or emissions reductions. · NTRLBU does not implement waste minimisation and diversion options. · Ongoing issues will remain with HAIL and Hazardous waste due to the high cost for responsible disposal of these materials. · No additional revenue will be realised from the gas, and this energy will be wasted. |
|
6. Important considerations for decision making |
|
6.1 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 and contributes to the four Local Government well-beings of social, economic, environmental and cultural. |
|
6.2 Consistency with Community Outcomes and Council Policy The NTRLBU Disposal Fees feed into Council’s 2024-34 LTP and the NTRLBU Activity Management Plan feeds into the NCC and TDC Activity Management Plans. |
|
6.3 Risk This report allows the community to comment on the NTRLBU fees and development through NCC community consultation processes. These comments will be considered by the Board. The risk of not approving the fees is that this could delay the development of the Activity Management Plan, and could have a consequential effect on NCC and TDC Council Annual Plans and Activity Management Plans. |
|
6.4 Financial impact The AMP reflects implementation of critical upgrades, and well as projects that mitigate carbon emissions and create a positive return on investment. The capital expenditure will require borrowing from the NTRLBU owners and therefore may have an impact on debt levels. |
|
6.5 Degree of significance and level of engagement The NTRLBU plans are included in the Long-term Plans and Annual Plans of each Council. Consultation is undertaken by both Councils in the preparation and adoption of these plans. |
|
6.6 Climate Impact A key feature of the NTRLBU Activity Management Plan are projects that work toward mitigation of greenhouse gas emissions and reuse of gas from the landfill in a way that contributes to emission reduction. This includes a commitment to measure and reduce greenhouse gas emissions from the facility in collaboration with NCC and TDC. |
|
6.7 Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report but iwi have representation on the Board. |
|
6.8 Delegations Nelson Tasman Regional Landfill Business Unit Joint Committee has the following delegations: Relevant Areas of responsibility: · Landfill, including York Valley landfill and Eves Valley landfill. 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. |
7. Conclusion and Next Steps
7.1 Feedback from NCC and TDC has been incorporated into the AMP.
7.2 A small increase in the capital budget for 2024/2025 was made to allow the business case for gas reuse to be undertaken earlier, no other changes were required to the AMP.
It is recommended that NTRLBU adopts the AMP and forwards the AMP to the Councils for inclusion in the Long Term Plan process.
Attachments
Attachment 1: 1399367370-8789 - NTRLBU - Activity Management Plan 2024 - 2034 ⇩
Item 7: Nelson Tasman Regional Landfill Business Unit - Activity Management Plan 2024-34: Attachment 1
Item 8: Nelson Tasman Regional Landfill Business Unit - Business Plan 2024-25
|
|
|
Nelson Tasman Regional Landfill Business Unit
1 December 2023
Report Title: Nelson Tasman Regional Landfill Business Unit - Business Plan 2024-25
Report Author: Nathan Clarke - General Manager Regional Sewerage and Landfill
Report Authoriser: Alec Louverdis - Group Manager Infrastructure
Report Number: R28141
1. Purpose of Report
1.1 To consider the feedback on the draft Nelson Tasman Regional Landfill Business Unit (NTRLBU) Business Plan 2024-25 and adopt the final NTRLBU Business Plan.
2. Summary
2.1 The NTRLBU Business Plan outlines the work programme for 2024-25 and reflects the first year of the 2024-2034 Activity Management Plan (AMP).
2.2 Officers presented the 2024 – 2034 AMP to Nelson City Council (NCC) and Tasman District Council (TDC) officers as well as to a joint NCC/TDC Council workshop and have incorporated feedback received. The changes to the AMP have been carried through to the 2024-25 Business Plan.
Recommendation to Nelson City Council and Tasman District Council
4. Background and Discussion
4.1 NTRLBU prepared the draft 2024-25 Business Plan, and this was approved by the Committee for consultation and feedback to NCC and TDC on 18 August 2023.
4.2 As the 2024-25 financial year also forms the first year of the AMP consultation and feedback on the AMP is considered to apply to the Business Plan.
4.3 NTRLBU, NCC and TDC officers met to discuss the AMP in September 2023.
4.4 There were no requested changes received from NCC and TDC staff in the feedback received.
4.5 The AMP was subsequently presented to a joint NCC and TDC Council workshop on the 10 November.
4.6 Feedback from the workshop, relevant to the AMP, was regarding bringing forward the implementation of landfill gas reuse projects.
4.7 Discussion around this determined that the appropriate course is to review the implementation plan and timing following the completion of the detailed business case.
4.8 Additional funding of $100,000 has been added to the capital programme for the 2024/25 financial year to allow the business case to be delivered early.
4.9 This change to the AMP is reflected in the NTRLBU Business Plan for 2024/25
4.10 The increase in capital expenditure does not result in an increase to gate fees from the Draft Business Plan 2024/25, with gate fees remaining at $250 per tonne.
5. Options
5.1 The following table outlines two options for the NTRLBU Business Plan.
|
Option 1: Adopt the Business Plan 2024/25 for presentation to the NCC and TDC. Recommended option |
|
|
Advantages |
· Allows the implementation of plans for Waste minimisation, gas reuse and diversion of HAIL and Hazardous wastes. · Improves operational certainty for the landfill and further safeguards airspace for general waste use. · Reduces barriers to responsible disposal of HAIL and hazardous wastes. · Will allow the implementation of safety improvements to high-risk areas of the landfill. · Allows ongoing implementation of greenhouse gas mitigation works. |
|
Risks and Disadvantages |
· Requires a slight increase capital expenditure from the draft Business Plan 2024/25. |
|
Option 2: Do not adopt the Business Plan 2024/25 |
|
|
Advantages |
· Nil |
|
Risks and Disadvantages |
· NTRLBU will not be meeting the requirements of the Terms of Reference adopted by NCC and TDC. · NTRLBU will not have approval to continue its works programme. · NTRLBU will not meet its legal requirements, capital works programme, health and safety obligations or emissions reductions. · NTRLBU does not implement waste minimisation and diversion options. · Ongoing issues will remain with HAIL and Hazardous waste due to the high cost for responsible disposal of these materials. · No additional revenue will be realised from the gas, and this energy will be wasted. |
|
6. Important considerations for decision making |
|
6.1 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 and contributes to the four Local Government well-beings of social, economic, environmental, and cultural. |
|
6.2 Consistency with Community Outcomes and Council Policy The NTRLBU Business Plan feeds into the NCC and TDC LTP’s and the business plan has been prepared based on the NTRLBU 2024 -2034 AMP. |
|
6.3 Risk This report includes allowance or mitigation of environmental and business continuity risks. The business plan has been submitted to TDC and NCC for feedback, this feedback will be considered by the Committee. The risk of not approving the business plan is that this could delay the NTRLBU implementing the works outlined and could result in significant adverse effect environmentally, financially and to the sustainability of waste management in the Nelson Tasman Region. |
|
6.4 Financial impact The NTRLBU 2024/25 fees reflect an increase in essential renewals expenditure and implementation of the landfill airspace and stability works. It also includes works to further reduce climate emissions, and beneficially reuse landfill gas, and options for diverting waste from the landfill to reduce airspace. These activities allow ongoing safe operation of the landfill and allow it to provide ongoing disposal services to the community. |
|
6.5 Degree of significance and level of engagement The NTRLBU plans include capital expenditure which will result in a reduction in future fee increases. The additional capital expenditure has been spread over three years to reduce the impact on NTRLBUs owners. While this business plan is significant to NTRLBU, and results in a reduction in future landfill charge increases it is fully funded by the gate fees received, including covering the cost of interest and principal repayments on the additional capital expenditure. It is not considered significant to the Councils. |
|
6.6 Climate Impact A key feature of the NTRLBU Business Plan are projects that work toward mitigation of greenhouse gas emissions. This includes physical works for gas reuse, and opportunities to develop projects to divert a significant fraction of organic waste from landfill for energy production. |
|
6.7 Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report but iwi have representation on the Board. |
|
6.8 Delegations The Joint Committee has the following delegations to consider the Nelson Tasman Regional Landfill Business Unit: Relevant Areas of responsibility: • Landfill, including York Valley landfill and Eves Valley landfill. 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. |
7. Conclusion and Next Steps
7.1 The Business Plan 2024/25 has been prepared alongside the AMP 2024 – 2034. It includes projects to address waste minimisation, gas reuse and emission reduction opportunities, and to support responsible disposal of HAIL and hazardous materials from the community.
7.2 Feedback from NCC and TDC on the AMP has been incorporated into the Business Plan.
7.3 The Business Plan 2024/25 will be presented to NCC and TDC for approval.
Attachments
Attachment 1: 1399367370-8784 - NTRLBU - Business Plan 2024-25 ⇩
Item 9: Nelson Tasman Regional Landfill Business Unit General Manager Update Report December 2023
|
|
|
Nelson Tasman Regional Landfill Business Unit
1 December 2023
Report Title: Nelson Tasman Regional Landfill Business Unit General Manager Update Report December 2023
Report Author: Nathan Clarke - General Manager Regional Sewerage and Landfill
Report Authoriser: Alec Louverdis - Group Manager Infrastructure
Report Number: R28148
1. Purpose of Report
1.1 This report is an update by the General Manager (GM) on activities to 30 September 2023 by the Nelson Tasman Regional Landfill Business Unit (NTRLBU).
2. Recommendation
|
That the Nelson Tasman Regional Landfill Business Unit 1. Receives the Nelson Tasman Regional Landfill Business Unit General Manager Update Report December 2023 (R28148). |
3. Discussion
3.1 Continued focus is being placed on safety management within the landfill with several safety actions implemented.
3.2 A senior leadership group has been meeting (including the Group Managers of Nelson City Council (NCC) and Tasman District Council (TDC) to ensure focus is maintained on the safety requirements on the site. This will remain in place, albeit with a reduced frequency moving forward as minor safety incidents are continuing to occur.
3.3 The lower buttress and landfill leachate pipework upgrade are well underway with the project on programme.
3.4 The new York Valley access road up Gully Two is complete.
3.5 The Eves Valley weighbridge has been installed and the upgrades to the access way have been completed.
3.6 The NTRLBU finances show a deficit of $151,658 compared to a budgeted deficit of $22,749 for the financial year to 30 September.
3.7 This increased deficit is due to the lower than expected waste volumes and a higher than anticipated operational cost.
3.8 Some operational costs are costs that resulted from the ongoing airspace development commenced during the 2022/2023 financial year. An example is the trial commenced during the 2022/2023 to identify how much airspace would be recovered by using soil bunds to load up the waste to achieve increased waste compaction.
3.9 The NTRLBU has received communication from the environmental Protection Authority indicating that the Default Emission Factor (DEF) has increased from 0.91 to 1.023 tonnes CO2/ tonne waste disposed. This will result in an increase in the NTRLBU ETS liability for the 2023 calendar year. NTRLBU has commenced the UEF calculation works in anticipation of a new application in January 2024 and the effect of the increase is not yet known.
4. Health and Safety Environment
4.1 Several incidents occurred at the landfill during the period to 30 September 2023. These incidents are outlined in the tables below:
|
Health, Safety and Environmental Incidents to 30 September 2023 |
|||
|
Date |
Incident description |
Actions Taken |
Status |
|
19/09 |
Digger in borrow pit digging 5m excavation which was considered unsafe by site management |
Discussion held with contractor and borrow pit battered back to safer angle. NTRLBU requested incident investigation. |
In progress |
|
19/08 |
Contractor hoisted truck deck on uneven ground which became unsafe. Deck was lowered then moved to stable ground and bin was emptied. |
Toolbox – Unloading semi-truck & trailers on uneven ground and refresh on current processes. Updated the weekend roster to ensure there is at least one experienced operator on site. |
Review of incident underway |
|
28/07 |
Fuel spilled from workers ute onto Market Rd. |
Spill cleaned up. Toolbox talk held about securing loads and safe fuel handling. |
Closed |
|
26/07 |
Customer driver entered site and drove past all signs and has driven past the tip area while on cell phone. |
Followed up with the company the driver works for and requested an investigation and feedback on the incident from the company. |
Open, awaiting response from the company. |
|
20/07 |
Reversing truck caught mud guard and tore it off. Spotter busy guiding another truck. |
Mudguard replaced. |
Incident closed. |
4.2 The design of the temporary transfer facility has been reviewed to fit into the operational landfill more effectively.
4.3 The facility will be constructed in the new year once waste filling has reached a point where construction can occur without interfering with the operations of the landfill.
5. NTRLBU Activities
5.1 Workload remains high for NTRLBU staff.
5.2 The Activity Management Plan preparation and approval process is nearly complete which will reduce the workload sightly.
5.3 An employment offer has been made to a candidate for Operations Manager for the NTRLBU.
5.4 The previous incumbent has agreed to step into the Contract and Sustainability Engineer role from February 2024.
6. Projects
6.1 The principal projects for the 2023/24 construction season are the lower buttress and leachate system implementation at York Valley, the HAIL management and disposal facility development for the Eves Valley landfill and the gas reuse system development and installation for the Eves Valley Landfill.
6.2 Tenders for the York Valley Landfill Lower buttress project closed in July 2023, and construction for the project commenced on 5 September 2023. Progress has been good with the road realignment completed, all the services moved, and the first stage of leachate drainage being installed at present. The project is on programme for completion in late April 2024.
6.3 The HAIL management facility (Class 3 Landfill) proposed for Eves Valley landfill has been held up awaiting the completion of the Eves Valley Stage 2 Resource Consent renewal.
6.4 NTRLBU have confirmed that none of the submitters to the Eves Valley Stage 2 consent wish to be heard at a hearing, and therefore the consent process can proceed without a hearing.
6.5 A meeting was held with Nelson and Tasman civil contractors to assist to get a clear understanding of the volume of HAIL and contaminated material that needs to be disposed annually as part of the HAIL facility design process.
6.6 This meeting indicated that there is a very significant volume of this material that has been managed privately, and a facility is becoming more urgent in the region.
6.7 NTRLBU believe that York Valley landfill will be the only consented facility for acceptance of contaminated soil in the region from September 2024. This could result in a significant amount of material coming to York Valley landfill. It is therefore important to make progress on the Class 3 contaminated soil disposal facility to save York Valley airspace.
6.8 NTRLBU are looking to finalise the scope for the Eves Valley gas reuse system once the electrical connection requirements to the electricity grid have been finalised. The delivery of the equipment will take around 6 months and as such it is important to place orders soon for the long lead time items to be able to compete the project this financial year.
6.9 Negotiation is underway for a neighbouring piece of land to the York Valley Gully One landfill. This may allow NTRLBU to purchase the land for use as buffer area. If it can be purchased it will assist with fire risk reduction, improvement to stormwater control works, and for improved litter management.
7. Deed of Agreement and Terms of Reference Review
7.1 The NTRLBU met with the TDC legal advisor in August to discuss the revised governance documents. Following the discussion NTRLBU have made changes requested by TDC to the reports that accompany the revised governance documents.
8. Odour Management
8.1 NTRLBU had no odour complaints during this period.
8.2 An independent odour assessor undertakes a two weekly assessment of the odour and noise around the landfill, and this confirms that odour is very rarely experienced outside the landfill boundary.
9. Stormwater Management
9.1 Stormwater Retention Pond 3 (SRP3) is working well.
9.2 Review of the stormwater system data for the annual report preparation has shown that SRP3 doesn’t clear up as quickly as the York stream after a rainfall event. This has resulted in some short periods where NTRLBU appear to have discharged slightly above the permitted level of suspended solids while the stormwater pond quality improves.
9.3 Despite the water quality from the stormwater system being significantly better than it has historically been, this discrepancy in suspended solids could constitute a breach of the resource consent.
9.4 NTRLBU has therefore implemented an automatic shutoff in the control system to close the discharge valve if the water quality goes outside permitted levels.
9.5 Testing of the York Valley stream using lab analysis identified a short period where the discharge from the SRP3 was out of specification. When investigated it was found that the electronic sensors were showing a lower sediment concentration than the sample sent to the laboratory for testing. The sensors were all recalibrated and a new calibration curve developed.
9.6 A review of the resource consent and monitoring is being undertaken to identify the appropriate response to this issue.
10. Litter Management
10.1 There were no litter complaints during this period.
11. Landfill Development Projects
11.1 The new landfill compactor has been ordered.
12. Operations and Maintenance Contract Procurement
12.1 A Registration of Interest (ROI) was the first step of the procurement process. Eight submissions were received from the market for the ROI which shows a high level of interest in the tender.
12.2 NTRLBU is expecting to release the Request for Proposals (RFP) at the end of November, and responses will be due back in mid-February for award of the contract in March 2024.
13. Emission Management
13.1 The NTRLBU gas management system at York Valley Landfill has continued to operate effectively with the new ring main and new condensate removal system completed during the period. This new system has reduced the energy required to draw gas from the landfill and has resulted in a small increase in the volume of gas being removed from the landfill.
13.2 A recent gas monitoring status report is shown below.
Figure 1 –Gas monitoring status report
13.3 Negotiations are commencing with Te Whatu Ora for the ongoing supply of gas to the Nelson Hospital. This includes the development of the additional redundancy requirements for a secure supply.
13.4 Work is ongoing on the business case and a concept plan is being developed for the reuse options for the remainder of the gas at the York Valley Landfill.
14. Emissions Trading Scheme Position
14.1 The ETS unit price is currently ~$71.
14.2 Both the auctions of Government units in 2023 have failed to reach the confidential reserve price meaning that no units were sold. The last auction is December 6.
14.3 There is still uncertainty in the ETS market at present, and it is unclear what the position of the incoming New Zealand Government will be.
14.4 Our current holding of 155,569 units have an average cost of $43.45 per unit.
14.5 Our current New Zealand Unit (NZU) holding and movements.
Units on Hand 31 January 2023 155,569
Units surrendered for 2022 (7,242)
Balance after surrender 148,327
14.6 Treasury policy limit, assuming a Unique Emission Factor of 0.21 and budgeted waste volumes) is 46,800 units.
14.7 Current holding is 101,527 units more than policy due to the reduction in the UEF achieved in 2022 and in 2023.
14.8 The NTRLBU and the Councils have approved the sale of 50,000 NZUs and delegated the timing of the sale to the General Manager of NTRLBU.
14.9 At present it is proposed that NTRLBU do not sell until there is more understanding of the NZ Governments position on climate change actions, and how this might affect future ETS prices, the Default Emission Factor, and the future NTRLBU ETS liability.
15. Waste Minimisation
15.1 Due to other prioities no significant progress has been made on the battery recycling bins. These bins have been fabricated and are awaiting testing.
15.2 Ongoing liaison with NCC and TDC staff is occurring regarding the Joint Waste Review, however capacity constraints have prevented NTRLBU staff from being able to proactively engage in this process over the last 3 months.
15.3 A Solid Waste Analysis Protocol (SWAP) study is scheduled from December 2023 to confirm the waste characteristics of wastes being received to the York Valley landfill.
16. Landfill Waste Volumes
16.1 Landfill waste volumes were lower than typical for the first two months of the year, and this is attributed to a reduction in construction and demolition wastes.
16.2 In September and October waste increased, with a significant increase in special waste. Special waste is shown in green on the graph in figure 2
16.3 It is unclear whether this increase is a trend or whether it is related to a number of large projects within the region.
Figure 2: Waste mass and type by month for the last 12 months.
17. NTRLBU Finances
17.1 Income account for the year to 30 September 2023.
Figure 3 – NTRLBU Financial Summary for the year to 30 September
17.2 The finances show a deficit for the year to 30 September of $151,658.
17.3 This deficit has resulted from lower waste volumes and a higher operating cost.
17.4 Operating expenses for the year are above budget for a range of items. There is some residual expenditure from airspace works started in 2022/23 and from the ongoing work preparing the 2024 - 2034 Activity Management Plan.
17.5 Balance Sheet as of 30 September 2023
Figure 4 – NTRLBU Balance Sheet as at 30 September 2023
18. NTRLBU Resourcing
18.1 The GM would like to thank the regional services team for their support while he was on annual leave. Thanks also goes to Graham Poxon from TDC for his support over this time.
18.2 An offer has been made to a candidate to take over from the incumbent as the Operations Manager for NTRLBU, and he will step into the newly formed Contract and Sustainability Engineer role. It is expected that the new Operations Manager will commence working for NTRLBU at the start of December 2023.
19. Conclusion
19.1 The landfill finances started the year slightly behind target but have begun trending in toward budget at the end of the period. It is unclear whether construction and demolition wastes will continue to be low over the next few months, and it is also unclear whether the special waste will remain higher than normal. From a financial perspective the NTRLBU needs to maintain tight control over expenditure to limit the risk of a deficit for the year.
19.2 Projects for the landfill have been running well, and it is important to ensure that the long lead time items are ordered soon if NTRLBU wants to meet its capital programme during the 2023/24 year.
19.3 Recruitment has been undertaken and it is very pleasing to know that the new structure will be operational in the new year.
Attachments
