• To comply section 107 of the Resource Management Act 1991, visual inspections of York Stream are required at least 4 times per year at not less than three monthly intervals.

• Receive notification that visual inspections of York Stream are required.

• Notification method yet to be confirmed. Either Survey 123 or SCADA notifications by email. [ML - 3, 6 and 12 monthly is scheduled, rainfall event triggered sampling is currently dependant on NTRLBU watching the SCADA.  Aiming to get alarms in SCADA for trigger volumes.]

• Inspections must be undertaken at ''upstream'', "downstream" and "dam" sampling locations.

  [GS- need to confirm “dam” location]

• Record whether, after reasonable mixing, any of the following adverse effects are observed: [Resource Management Act 1991, s 107]

  • the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

  • any conspicuous change in the colour or visual clarity:

  • any emission of objectionable odour:

  • the rendering of fresh water unsuitable for consumption by farm animals:

  • any significant adverse effects on aquatic life.

• The results of these inspections shall be included in the Annual Report and shall be provided to the Council's Monitoring Officer within 14 days of the inspection, whichever is the later.

The Consent Holder shall inspect York Stream below York Valley Landfill at the ''upstream'', "downstream" and "dam" sampling locations, regularly, at least 4 times per year and in any event at not less than three monthly intervals, and in addition following periods of moderate or heavy rain, to monitor compliance with Section 107 of the Resource Management Act. The results of these inspections shall be included in the annual report and shall be provided to the Council's Monitoring Officer within 14 days of the inspection, whichever is the later.

RM975261V2

107      Restriction on grant of certain discharge permits

(1)        Except as provided in subsection (2), a consent authority shall not grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A allowing—

(a)        the discharge of a contaminant or water into water; or

(b)        a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or

(ba)      the dumping in the coastal marine area from any ship, aircraft, or offshore installation of any waste or other matter that is a contaminant,—

if, after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water), is likely to give rise to all or any of the following effects in the receiving waters:

(c)        the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

(d)        any conspicuous change in the colour or visual clarity:

(e)        any emission of objectionable odour:

(f)         the rendering of fresh water unsuitable for consumption by farm animals:

(g)        any significant adverse effects on aquatic life.

(2)        A consent authority may grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A that may allow any of the effects described in subsection (1) if it is satisfied—

(a)        that exceptional circumstances justify the granting of the permit; or

(b)        that the discharge is of a temporary nature; or

(c)        that the discharge is associated with necessary maintenance work—

and that it is consistent with the purpose of this Act to do so.

(3)        In addition to any other conditions imposed under this Act, a discharge permit or coastal permit may include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of subsection (1) and of any relevant regional rules.

Resource Management Act 1991 - s 107