Burn-off at Longview Development - HCA letter & response from ORC
Below is the letter sent to Otago Regional Council regarding the smoke from the burn off by Universal Developments at the Longview Special Housing Area Development in Cemetery Road. The council’s letter of response follows.
HCA Letter of Complaint
Kia Ora, cough cough cough.
My name is Cherilyn Walthew, I am the current chair of the Hawea Community Association.
We have been made aware of numerous complaints from our Community to ORC related to smoke and health issues around the Lake Hawea township.
As employees of Otago District Council, I officially and personally inform you all, under the Health and Safety at Work Act 2015, that you and your organisation are failing to uphold the health and safety of the Hawea Community, as expected under the scope and remit of the work you do on behalf of the public and ratepayer, by underestimating the health risks associated with smoke and harmful particles from the Longview Development burn offs which are intermittently but, detrimentally polluting the air quality of the township. I have cc’d the SDHB into this email
I have been informed by your Compliance Manager, Tami Sargeant, that you are the persons responsible for setting the rules in the Otago Air Quality Plan and therefore, the persons responsible for any Health and Safety risks as a result of this Plan. You are apparently the only people who can do anything about it and I ask you, for the sake of my Community, to do so.
In latest Hawea news, the lower Lake township woke to a pall of smoke this morning thanks to the fires burning overnight in the Special Housing Area (Longview Development) off Cemetery Road, currently sitting on “rural” zoned land. This was assisted by the geographical propensity of this piece of land to develop Mist/Fog at this time of year which appeared to hold the smoke down and then was blown towards the township.
Having taken a drive past the site this afternoon, the amount of fuel still available to those fires, should keep the township coughing for many weeks to come. It’s quite scary.
This is a slightly unusual situation in that the rural zone is currently being developed for a Special Housing Area. Whilst it is rural zoned, the activity occurring on the property is not what one would expect to occur on rural zoned land and therefore creates an anomaly that enables local residents health to be negatively impacted by the Developers activities.
The “Urban” SHA development has produced a large number of tree stumps as a result of the Developer clearing the land. Because the property is currently zoned “rural” (an unprecedented situation for a high development area), it would appear that the Developer can get away with a “rural” burn-off just over the road from the town Urban Growth Boundary, in accordance with the Rules set by YOU under the Otago Air Quality Plan.
I do not believe this is a situation that you anticipated when considering the rules for the Otago Air Quality Plan and because this is activity that is not expected on rural land adjacent to the township, I believe you have reasonable cause to intervene and stop further burn-offs from occurring.
For many reasons, Farmers do not tend to be this callous with such large burn offs close to Urban areas, not least of which is that they are members of the Community! These Developers are not.
The Developer is currently relying on the rules of the Otago Air Plan, as set by you. I believe you can challenge this by establishing that he should be subject to additional requirements because the type and scale of development he is doing, is not in line with the expectations one could reasonably expect on rural zoned land.
The Plan is not fit for purpose in this instance and the local residents of Lake Hawea are choking and struggling to breathe as a result of it. We urge you to act!
You have a legal responsibility to the Community under the Health and Safety at Work Act or, risk breaching the Act in the event we feel the need to lay an official complaint and it is upheld. (Please check out the posts on the Hawea Community Facebook page for comments from locals.)
We note that the development site in question also suffers from a lack of dust suppression in certain weather. That weather being wind, of which Hawea has plenty!
As a way to provide a constructive way forward, and given the proximity of the site to the township, we would ask that you consider an alternative solution to be discussed with the Landowner.
Ideally, the Landowner could mulch the debris remaining from the felling of his trees and use this as a dust suppressant around the site whilst he is developing.
This would reduce both the dust and smoke and the risk to the health of the residents.
We request the you ask the landowner to cease all burning activities whilst this or, alternative solutions are discussed.
I look forward to your responses.
Kind regards
Cherilyn Walthew
Chairperson
Hāwea Community Association
021 665 013
chairperson@haweadistrict.co.nz
www.haweadistrict.co.nz
Letter of response to complaints from ORC (Otago Regional Council)
Hi,
Thank you for contacting the Otago Regional Council regarding your complaint of smoke from the burn off at the Longview Development in Lake Hawea. The ORC relies on such complaints from members of the public to assist in identifying occurrences of pollution that have an adverse effect on our environment and people. Please see below a list of actions and observations the ORC has made so far.
The ORC has received numerous complaints yesterday afternoon, during afterhours, and this morning.
The smoke complaints have been attended by our officers yesterday afternoon, and from early this morning to midday.
Assessments have been made of the smoke around the Hawea township against our permitted activity rules. This is still under assessment as to whether any rules have been breached and what action may be taken.
The burn off is legally allowed to take place on this property provided certain requirements are met under permitted activity rules. See the relevant permitted activity rule included below.
ORC have been in constant communication with the developer before and during the burnoff occurring over the past three days.
No active burning was taking place this morning. The fires were smouldering from yesterday’s burning.
The developer was instructed to cease the discharge of smoke beyond the boundary this morning and agreed to extinguish the smouldering fires.
As of midday today, the fires were almost entirely extinguished and a northerly wind was blowing through Hawea, taking the smoke away.
The developer has more material to burn which he has indicated he intends to do. ORC will continue to work with the developer going forward.
16.3.2.3 Discharges from outdoor burning on properties which are not production land, in Air Zone 3 - permitted activity
Except as provided for by Rule 16.3.2.5, the discharge of contaminants into air from outdoor burning on any property which is not production land, in Air Zone 3;
is a permitted activity, providing:
(a) Only paper, cardboard, vegetative matter or untreated wood is burnt; and
(b) The material is from the property where the burning occurs; and
(c) The material is dry at the time of burning; and
(d) Any discharge of smoke, odour or particulate matter is not offensive or objectionable at or beyond the boundary of the property.
The ORC is satisfied the developer has met conditions (a), (b) and (c) as listed above. Condition (d) is what assessments of the discharge of smoke have been made against.
This permitted activity is included under our Regional Plan: Air for Otago. You can find a copy of the plan with the rules and policies here: Air (orc.govt.nz)
The plan is due a review of the rules and policies and this will be done through public submissions. I encourage you to make a submission when this review is undertaken to express what you would like to see included in the rules. I would also encourage you to contact one of the ORC councillors to discuss when you would like to see this review undertaken. You can find contacts for the Councillors here: Your Councillors (orc.govt.nz)
Should you experience further issues with smoke from future burn-offs or any other environmental pollution, then please make another complaint via 0800 474 082 or pollution@orc.govt.nz (business hours), or by calling our pollution hotline 0800 800 033 (24/7).
Please feel free to get in contact with us to discuss any of the above or to raise further concerns regarding your complaint. You can reply to this email or call us on 0800 474 082.
Regards,
The ORC Pollution Response Team.
