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Contaminated land

Consents for contaminated sites

Do I need a contaminated discharge or remediation/soil disturbance consent?

Where contaminant levels in soil and/or water exceed background levels/specified criteria within Chapter 5 Contaminated Sites in the ALW Plan, the site will require a resource consent for ongoing discharges.

Remediation works and other earth works undertaken on a contaminated site will also require a consent (unless the site is owned/controlled by a territorial authority).  This is a short term consent covering the duration of the works to be undertaken.

Making a contaminated discharge or remediation/soil disturbance consent application

  • Contact us at the contaminated site team to discuss your site.
  • Your site will need to be investigated by a qualified consultant.
  • Their findings will assess whether the level of contaminants present require remedial work to minimise the problem or a resource consent.

If a resource consent is needed then:

  • we'll send you the correct application form to fill out
  • we may be able to suggest some alternatives or ways that you could modify your proposal that will avoid or minimise effects on the environment
  • return your form to us along with - 
    • A description and plan of your proposal showing the location, including MHWS, design details, construction methodology including timing and site access
    • An assessment of environmental effects (AEE) and ways that you have modified your proposal to minimise or avoid adverse effects on the environment
    • A description of any consultation that you have undertake with interested parties, and any responses you have received from them
    • Confirmation that all other consents or permits required have been applied for from your city or district council for associated works above the MHWS
    • The relevant deposit fee. You are required to meet the full costs incurred by the ARC during the processing of your application
  • if the impacts on the environment can be shown to be minor through an investigation, then a resource consent may be granted
  • cleanfill sites that have accepted non-cleanfill materials may be required to obtain a long-term, discharge consent which may require ongoing monitoring
  • requirements for a remediation consent will vary depending on the size and complexity of the proposed remediation works.  Contact us at the contaminated sites team for advice on your remediation consent application.
  • total processing costs will be determined when a decision is made on your application
  • we will refund or invoice you with the difference between the actual processing costs and your initial deposit.

Once a resource consent is granted the ARC and the consent holder begin a formal contractual relationship where the consent holder complies with consent conditions and the ARC is responsible for enforcing these conditions and monitoring compliance.

How long will it take to process my application?

To ensure your application is processed in the most timely manner you should:

  • ensure that all the required information is included with your application
  • we also recommend that you lodge your application in draft form for comment to ensure that it is as complete as possible before formally lodging the application for processing.

The more complete your application, the quicker the processing time will be and the lower the cost:

  • if your application is complete and no further information is required then the ARC must decide on notification within 10 working days of receiving your application
  • if your application is processed on a non-notified basis then the decision to grant or not to grant must be made within 20 working days
  • if your application is publicly notified, then it will take longer as it must be open for public submission for a period of 20 working days.

Applications which need to be publicly notified can take from two to four months to process, depending on the need for a hearing or not.

How much will a contaminated discharge or remediation/soil disturbance consent cost?

The standard deposit is $5,000, but charges vary due to the project/site size.
If external professional input is needed to help is consider your proposal, we are obliged to pass this cost onto you. If this is the case, we will check with your first.

How long is a contaminated discharge consent granted for?

Permits for contaminated sites requiring an ongoing discharge consent are granted for 35 years.
Permits required for remediation/soil disturbance are generally short tem consents (2 years) but this will depend on the length of project on site (duration of works being undertaken).

Continue to Cleanfill, landfill and managed fill sites