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Environmental Health
Hazardous Substances Storage & Use
All hazardous substances are subject to the provisions of the Hazardous Substances and New Organisms (HSNO) Act 1996.
The Environmental Risk Management Authority (ERMA) is tasked by the Government through the Ministry for the Environment with setting the rules for the management of hazardous substances and ERMA New Zealand is the department which supervises the roles of the various inspection, enforcement and approval agencies.
The HSNO Act replaces the now repealed Dangerous Goods Act, Explosives Act, Toxic Substances Act and Pesticides Act.
Regulations under the HSNO Act have been promulgated and these rules are performance based controls which if followed will ensure that the adverse effects of defined hazardous substances do not harm people or the environment.
What is a Hazardous Substance?
A hazardous substance is a substance which can harm people or the environment.
A hazardous substance will have one or more of the following intrinsic properties:-
• Explosiveness
• Flammability
• A capacity to oxidize
• Corrosiveness
• Toxicity (including chronic toxicity)
• Ecotoxicity, with or without bioaccumulation
A substance can also be defined as hazardous where on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) it generates a substance which has one or more of the above mentioned intrinsic properties.
Monitoring and Enforcement
The HSNO Act assigns monitoring and enforcement roles to a number of agencies.
• Department of Labour - in any place of work
• Land Transport Safety Authority – any motor vehicle, any road, any rail vehicle or railway
• Police – any motor vehicle, any road, any rail vehicle or railway line
• Civil Aviation Authority – on aircraft and in, on or around any aerodrome
• Maritme Safety Authority – in or on any ship
• Ministry of Health – where it is necessary to protect public health
• Territorial Authorities – in public places and private dwellings
• Regional Authorities – in or on any premises where they are there for the purpose of enforcing provisions of the Resource Management Act.
The HSNO Act allows functions powers and duties to be transferred and some Territorial Authories hold delegated authority from Department of Labour to monitor and enforce in places of work.
What the HSNO Control Regulations cover
The Hazardous Substance Control Regulations set direct controls which will manage the adverse effects of a hazardous substance – e.g. control of ignition sources around flammable/explosive substances, and control systems which define packaging, containers, identification, spill control and emergency response, tracking of the more highly dangerous substances, and the training of those who handle or transport a hazardous substance.
Who approves and certifies that a storage, use or container complies?
ERMA accredited independent Test Certifiers approve any particular storage or container and can issue a Test Certificate which certifies that Regulatory Controls have been achieved.
How does the HSNO Act fit in with the Building Act and Resource Management Act? Back to Top
The HSNO Act sits along side the Building Act and the Resource Management Act. The Resource Management Act provides Council with a means to plan for and control land use in any particular location. The Building Act provides the controls for the structural safety of a building where hazardous substances will be stored or used and the HSNO Act provides the controls which will manage the assessed risks of the hazardous substances to be stored.
It is worthy of note that a Local Authority via its District Plan under the RMA can impose, within its own district, stricter controls on the storage and/or use of any particular hazardous substance where it is necessary to meet the RMA objectives of mitigating or limiting adverse environmental impacts arising from land uses.
How can I find out more about the HSNO Act?
Contact the Hazardous Substances Officer at the Timaru District Council or visit the ERMA web site at:- www.ermanz.govt.nz or www.hsno.govt.nz
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