Discharges of contaminants
Section 15(1)(c) of the RMA states:
No person may discharges any … (c) contaminant from any industrial or trade premises into air … unless the discharge is expressly allowed by a national environmental standard … a rule in a regional plan … or a resource consent.
This creates a presumption that resource consent is required for an industrial or trade discharge to air unless otherwise allowed.
In contrast, sections 15(2) and (2A) of the RMA provides that a contaminant cannot be discharged into air in a manner than contravenes a national environmental standard or regional rule unless expressly allowed by other regulations, a resource consent, or an existing use right. This creates a presumption that other discharges to air are allowed, unless otherwise provided in a standard or rule.
Includes any substances (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat … when discharged … into air, changes or is likely to change the physical, chemical, or biological condition of the … air … into which it is discharged.
Includes emit, deposit, and allow to escape.
Industrial or trade premises
Last updated at 11:30AM on November 23, 2017