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Bylaw 2008: Part 14 Wastewater

The Council is empowered by the Local Government Act 2002 and the Health Act 1956 to:

Protect public health and the security of the public wastewater drainage system.
Detail the responsibility of both the Council and the customers with respect to the public wastewater drainage system.
Detail acceptable types of connection.
Encourage waste minimisation.
Detail breaches and remedies.
Conduct sanitary assessments.

This part of the bylaw aims to achieve these purposes and should be read in conjunction with the Acts, Regulations, Codes and Standards listed in this part of the bylaw.

1. Authority

1.1 This part is made under:
a) Sections 145 and 146 of the Local Government Act 2002; and
b) Section 23(e) of the Health Act 1956.

2. Purpose

2.1 This part is for wastewater drainage from both domestic and trade premises to the Council's public sewerage systems. The quality and quantity limits that separate domestic wastewater from trade waste are to be found in Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.Return to top

3. Interpretation

3.1 This part shall be in addition to the provisions of Part 1 Introductory and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.

3.2 In this part, unless the context otherwise requires:

Acceptable discharge means wastewater with physical and chemical characteristics which comply with the requirements of the Council as scheduled in Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.
Buried services means all public sewers, rising mains, trunk sewers and other underground utilities under the responsibility of the Council.
Characteristic means any of the physical or chemical characteristics of a trade waste referred to in Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.
Domestic wastewater means either that wastewater which is discharged from premises used solely for residential activities, or wastes of the same character discharged from other premises, provided that the characteristics of the wastewater are an acceptable discharge. Such activities shall include the draining of domestic swimming and spa pools subject to clause 6.1 of this part.
Drainage district means that area described within the Council's Assessment of Water and Sanitary Services as required under section 125 of the Local Government Act 2002.
Infiltration means water entering a public sewer or private drain from groundwater through defects such as poor joints and cracks in pipes or manholes. It does not include inflow.
Inflow means water discharged into a private drain from noncomplying connections or other drain-laying faults. It includes stormwater entering through illegal downpipe connections or from low gully traps.
Level of service means the measurable performance standards on which the Council undertakes to receive wastewater from its customers.
Prohibited characteristics means wastewater which shall not be discharged into the Council's system, as scheduled in Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.
Reticulation means the drains and piped sewer network forming the public sewerage system.
Rising main means a sewer through which wastewater is pumped.
Service opening means a manhole, or similar means for gaining access for inspection, cleaning or maintenance of a public sewer.
Trade waste bylaw refers to Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008 regulating wastewater discharges from trade premises to a sewer.
Trunk sewer means a sewer, generally greater than 150 mm in diameter, which forms a part of the principal drainage network of the Council's wastewater drainage system.Return to top

4. Acceptance of discharge

4.1 Every domestic premise shall be entitled to have its wastewater accepted by the Council subject to:
a) The premises lying within a drainage district;
b) The premises lying within an area which is served by public sewers;
c) Payment of the appropriate rates and charges in respect of that premises in general and wastewater
services in particular; and
d) Fulfilment of the requirements of this part.

4.2 No domestic wastewater shall:
a) Exceed the substance limits scheduled in Part 11 Trade Waste of the New Plymouth District Council Bylaw
2008.
b) Contain the substances prohibited in Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.

4.3 Where part of a domestic premises is used as an office or other trade related activity from which no trade waste could be produced, and which no other persons apart from those living at those premises use, then it shall be treated as domestic premises. Any trade activity which produces or has the potential to produce a wastewater shall be treated as being from trade premises.

4.4 The acceptance of trade wastes is the subject of Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.Return to top

5. Approval to connect

5.1 No person other than the authorised agents of the Council may, without approval from an authorised officer, make any connection to, or otherwise interfere with, any part of the Council's wastewater drainage system.

5.2 Every application for a wastewater service connection shall be made in writing on the form provided by the Council and accompanied by the prescribed charges. The applicant shall provide all the details required by the Council. An application shall be made irrespective of whether or not a public sewer has already been laid up to the point of discharge.

5.3 Where an application has been accepted by the Council which requires a new public sewer connection to be constructed from the existing public sewer to the point of discharge, the customer shall pay such charges as fixed by the Council for this work. The Council shall normally supply and install the public sewer up to the point of discharge except as provided for under a subdivision approval or consent.

5.4 Charges applicable at the time of connection will include:
a) Payment to the Council for the cost of the physical works required to provide the connection.
b) A development contribution charge determined in accordance with the Local Government Act 2002.
c) A financial contribution charge determined in accordance with the Resource Management Act 1991.Return to top

6. Point of Discharge

6.1 The point of discharge from a customer shall be the point on the public sewer which marks the boundary of responsibility between the customer and the Council, irrespective of property boundaries.

6.2 Unless otherwise approved there shall be one point of discharge only for each premises, and any private drain shall not extend by pipe or any other means to serve another premises unless it is a common private drain.

6.3 For single dwelling units the point of discharge shall be located at the boundary as shown in Appendixs 1 and 2 or as close as possible where fences, walls or other permanent structures make it difficult to locate it at the required position. The approval of other positions may be granted by the Council and any such positions will be recorded on the drainage plan.

6.4 Where a private drain discharges into a public sewer on that same private property, the point of discharge shall be the upstream end of the pipe fitting which forms the junction with the public sewer.

6.5 The typical layout at a point of discharge is shown in Appendix 2.

6.6 The point of discharge for the different forms of multiple ownership of premises and/or land shall be as follows:
a) For company share/block scheme (body corporate) as for single ownership.
b) For leasehold/tenancy in common scheme (cross lease), strata title, and unit title (body corporate) where
practicable, each owner shall have an individual drain with the point of discharge determined by agreement
with the Council. If not practicable there shall be a common private drain which shall be incorporated as an
additional provision in the lease agreement. In specific cases other arrangements will be acceptable subject to
individual approval.

Each owner’s point of discharge is subject to the approval of the Council and will be recorded on the drainage plan. Other arrangements shall be considered by the Council, at its discretion.

6.7 Common private drains shall serve a maximum of seven single dwelling units, and shall have one point of discharge only (in common).Return to top

7. Acceptance and duration

7.1 The Council will continue to accept wastewater from domestic premises once an approved connection to the public sewer has been made.
Note: Disconnection of the sewer or restriction of the water supply are not options available in the event of non-compliance with the law and/or bylaws by the customer.

7.2 In the event of domestic premises changing ownership, the new owner shall automatically become the new customer of that premise.

7.3 For trade waste acceptance, refer to Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.

7.4 The Council will endeavour to provide wastewater services in accordance with the level of service contained in the Council’s Long-Term Council Community Plan. For those periods where the level of service allows non-compliance with the specified value(s), the Council will make every reasonable attempt to
achieve the specified value(s).

7.5 The Council shall endeavour to meet the level of service but it shall not be liable for any loss, damage or inconvenience which the customer (or any person within the premises) may sustain as a result of deficiencies in the wastewater collection system.

7.6 Natural hazards (such as floods or earthquakes) or accidents beyond the control of the Council which result in disruptions to the ability of the Council to receive wastewater, will be deemed an emergency and exempted from the levels of service requirements above.

7.7 During an emergency the Council may restrict or prohibit the discharge of wastewater for any specified purpose, for any specified period, and for any or all of its customers. Such restrictions willl be publicly notified. The decision to make and lift restrictions and to enact additional penalties shall be made by the authorised officer of the Council. Where immediate action is required, the authorised officer may enact emergency
provisions as deemed necessary without public notification.Return to top

8. Customer obligations

8.1 The maximum instantaneous flow rate discharged from a domestic premise shall not exceed 2.0 litres/sec. The Council may also set a lesser daily flow rate discharged from a domestic premise.

8.2 Customers with swimming or spa pools shall be required to demonstrate that the pool drain has been fitted with a flow limiting device to ensure the discharge does not exceed the maximum instantaneous flow requirement of 2.0 litres/sec.

8.3 No wastewater with prohibited characteristics (as scheduled in Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008) shall be discharged into the Council waste system.

8.4 The customer shall allow the Council, or its agents, access to and about the point of discharge for the purposes of monitoring, testing, and maintenance work at any time. The Council shall give notice of entry in accordance with sections 171, 172 and 173 of the Local Government Act 2002.

8.5 Under emergency conditions, or for the purpose of ascertaining whether the drains are being misused, the customer shall allow the Council free access to and about the point of discharge at any hour.

8.6 Where it is not practical to notify the customer of a maintenance interruption to the point of discharge before work commences, the Council may shutdown the point of discharge without notice, and the customer shall be advised as soon as possible.

8.7 The customer shall allow the Council, with any necessary equipment, access to any area of the premises for the purposes of ascertaining whether non-complying connections have been made.Return to top

8.8 The customer serviced by the public sewer network shall not store raw material, products or wastes containing corrosive, toxic, biocidal, radioactive, flammable, or explosive materials, or any material which, when mixed with the wastewater stream, is likely to generate toxic, flammable, explosive or corrosive
materials in quantities likely to be hazardous, or any other material likely to be deleterious to the Council astewater system or the health and safety of the Council staff and public, without taking all reasonable steps to prevent entry into the Council sewer from leakage, spillage or other mishap.

8.9 The customer shall take practicable steps to prevent any stormwater or groundwater entering the wastewater drainage system. This includes roof downpipes, surface water run-off, overland flow, and sub-surface drainage.
Note: For trade premises where stormwater cannot be separated from wastewater refer to Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.

8.10 The customer shall ensure that stormwater is excluded by ensuring that:
a) There is no direct connection of any stormwater pipe or drain to the wastewater system.
b) Gully trap surrounds are set above stormwater ponding levels (refer New Zealand Building Code G13), and
secondary overland flow path flood levels.
c) Inspection covers are in place and are appropriately sealed.

8.11 Stormwater which is contaminated may be accepted as a trade waste discharge. Refer to Part 11 Trade Waste of the New Plymouth District Council Bylaw 2008.

8.12 For large impervious areas (e.g. stock yards or truck washing facilities), specific provision shall be made by the customer for a permanent barrier preventing water from outside the confines of the facility from entering the wastewater system. This could be by way of a nib wall or appropriately graded surrounds.

8.13 Where it is impractical to cover a large impervious area, consideration shall be given to a system which detains run-off from the first foul flush for ultimate disposal to the wastewater system, with subsequent run-off disposal as stormwater.

8.14 Private drains shall be kept and maintained in a state which is free from cracks and other defects which may allow infiltration.Return to top

9. Disconnection

9.1 A customer shall give seven working days notice in writing of his or her intention to demolish or remove a building connected to the sewer. The demolition or removal shall not commence until the property has been disconnected from the sewer by the Council. An application for disconnection shall be made on the standard Council application forms.

9.2 A customer shall give two working days notice in writing to the Council of his or her requirement for disconnection of the discharge connections if relaying of the private drain is required.

10. Public Sewerage System

10.1 With respect to building or loading over buried services, or excavation near public sewers, the restrictions described in clauses 10.2 to 10.5 of this part shall apply. Other restrictions may be applied by the Council for the protection of the wastewater drainage system after consideration of proposed work methods, depth of excavation, soil physical properties and other site specific factors. The same provisions shall apply to sewers or drains installed by trenchless means, such that the installed location of the sewer or drain shall not contravene the minimum separation distances specified below.

10.2 No building shall be built over a public rising main or trunk sewer, or closer than the greater of:
a) 1.5 metres from the centre of any main or sewer; or
b) The depth of the centre line of the sewer, plus the diameter of the sewer, plus 0.2 metres from the centre
of that sewer, subject to compliance with 3.1 of NZS 3604 (or subsequent amendments).

10.3 a) No building shall be built over a public sewer, whether on public or private land;
b) No building shall be built closer than the greater of:
i) 1.5 metres from the centre of any public sewer; or
ii) The depth of the centreline of the sewer, plus the diameter of the sewer, plus 0.2 metres from the centre of that sewer, subject to compliance with 3.1 of NZS 3604 (or subsequent amendments).
c) Where (a) and (b) above are found to be impractical and the building cannot be sited elsewhere on the property or modified to conform with the above conditions, and it is essential for the proposed building to be built on that part of the property, approval may be granted by the Council subject to the building developer meeting the cost of any specific requirements and the following conditions shall apply.Return to top

10.4 No person shall:
a) Cause the crushing load imposed on a public sewer to exceed that which would arise from the soil overburden plus a HN-HO-72 wheel or axle load (as defined by Transit New Zealand Bridge Manual); or
b) Place any additional material over or near a public sewer without approval.

Service openings shall not be covered in any way unless approved by the Council. Removal of any covering material or adjustment of the opening shall be at the customer’s expense.

10.5 No person shall without the approval of an authorised officer excavate, or carry out piling or similar work closer than:
a) Five metres from the centre line of any rising main or trunk sewer; or
b) Two metres from the centre line of any public sewer.
Such approval may impose conditions on the carrying out of any work near the sewer.

10.6 Any person proposing to carry out excavation work shall view the as-built information to establish whether or not the Council or other utility services are located in the vicinity. At least three (3) days notice in writing shall be given to the Council of an intention to excavate in the vicinity of its services. Where appropriate the Council may mark out to within ±1.0 m on the ground the location of its services, and may nominate in writing any reasonable restrictions on the work it considers necessary to protect its services.

10.7 When excavating and working around buried services due care shall be taken to ensure the services are not damaged, and that bedding and backfill is reinstated in accordance with the appropriate Council specification. Excavation within roadways is also subject to the permit process of the appropriate roading
authority.

10.8 Any damage which occurs to a Council service shall be reported to the Council immediately

10.9 The customer shall reimburse the Council for any repair costs incurred.Return to top

11. Customer’s Drainage System

11.1 The customer’s drainage system is governed by the Building Act from inside the building to the point of discharge.

11.2 The customer’s drainage system shall be designed, installed and maintained, both in its component parts and in its entirety, to ensure that it complies with the Building Act and the New Zealand Building Code.

11.3 A customer whose gully trap is overflowing or has other reasons to suspect a blockage, shall first call a drainlayer to clear and remove any blockage in their private drain.

11.4 If the drainlayer finds that the blockage is within the public sewer, then the drainlayer or customer shall contact the Council to clear and remove the blockage and clean up all affected areas. Provided that the blockage has not been forced downstream into the public sewer in the act of clearing it from the private drain, or that the customer has not been negligent in discharging a non-acceptable wastewater, then the Council shall reimburse the customer for actual and reasonable drainage costs. If otherwise, the Council shall recover the costs of the unblocking work from the customer.

11.5 In the event of the roots of any tree on a customer’s premises causing or being likely to cause damage, interference to the flow, or blockage to a public sewer, the Council will follow the procedure set out in section 468 of the Local Government Act 1974.

Note: the law does not differentiate between a public sewer on private or public land, i.e. the occupier or owner cuts down or removes the tree at their expense with no compensation payable.Return to top

12. Pump Stations

12.1 Private wastewater pump stations will be approved only where there are no practical alternatives for a gravity flow discharge to the public sewer.

12.2 A private wastewater pump station for a single dwelling unit represents an alternative solution in terms of the Building Act. As such, the customer will be required to demonstrate that the pump station complies with the provisions of the New Zealand Building Code when seeking a consent.

12.3 A private wastewater pump station serving more than one residential dwelling unit requires a compliance schedule as well as an annual building warrant of fitness in order to meet the requirements of the Building Act.

12.4 A Common Pump Station Agreement shall be required between the parties, including appropriate maintenance of rising mains. It shall be registered against the Certificate of Title of each party.

12.5 The combined rate of discharge to the public sewer shall not exceed the rate specified by the Council.Return to top

APPENDIX 1

This appendix is for information purposes only. It does not form part of the New Plymouth District Council
Bylaw 2008.

Point of Discharge Locations

FIGURE 1(a) Point of Discharge Location - Single Dwelling Units (One page 16KB PDF)
FIGURE 1(b) Point of Discharge Location - Sewers on Private Land (One page 18KB PDF)

APPENDIX 2

This appendix is for information purposes only. It does not form part of the New Plymouth District Council
Bylaw 2008.

Typical layouts for point of discharge