Agenda of Water, Waste and Sewer Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§ Just because the person is a member of, or is employed by, the Council.

§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Sewage Treatment Plant EPA Licence Sites

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2018/619

Theme: Community Infrastructure

Sewerage Services

Summary:

As per resolution 18-052 Committee receive layout diagrams of the shire’s 4 STPs indicating licensing and monitoring locations.

RECOMMENDATION:

That the Committee note the report.

Attachments:

1 Councils Four STW - Schematic Diagram of Sewage Treatment Process, E2018/43745 , page 6⇩

2 STPs Aerial Views, E2018/43908 , page 6⇩

Report

BANGALOW SEWAGE TREATMENT WORKS

Quality Monitoring Conditions

Parameter	Frequency	Method	Monitor Point
BOD₅	Special Frequency 1	Representative sample	At the inlet to the irrigation pump well (EPA Point 4).
Suspended Solids	Special Frequency 1	Representative sample
Grease & Oils	Special Frequency 1	Representative sample
Faecal Coliforms	Special Frequency 1	Representative sample
pH	Special Frequency 1	Representative sample
Total Nitrogen	Special Frequency 1	Representative sample
Ammonia-N (since 27 Feb 08)	Special Frequency 1	Representative sample
Total Phosphorus	Special Frequency 1	Representative sample

Special Frequency 1 means the collection of samples at least once a fortnight and at a minimum of ten day intervals.

Volume Monitoring Conditions

Parameter	Frequency	Method	Monitor Point
Total Volume	Measured daily	Magnetic flow meter	On rising main at entrance to the plant (EPA Point 2)
Total Volume (Effluent Reuse)	Measured Daily	Rotary flow meter	On rising main to irrigation reuse area (EPA Point 3)

BRUNSWICK VALLEY SEWAGE TREATMENT WORKS

EPA ID No	Type of Monitoring Point	Type of Discharge Point	Location Description
1	Discharge to Waters	Discharge to Waters	Discharge pipe on eastern arm of western billabong of Brunswick River at 550568E and 6842193N
2	Discharge to Waters - Wet Weather Overflow	Discharge to Waters - Wet Weather Overflow	Treated Effluent Storage Overflow pipe at 548989E and 6842386N at old Mullumbimby STP.
3		Discharge to Land - Effluent Reuse	Discharge to Irrigation Storage Pond at Lot 2 DP 1010894. 544853E and 6842756N.
4		Discharge to Land - Effluent Reuse	Discharge to Irrigation Storage Pond at Lot 2 DP 839178. 544462E and 6843175N.
5	Total Volume Monitoring		Two magflow meters on Inlet Works @ 551002E and 6841820N
6	Volume Monitoring (Effluent Reuse )		Magflow meter on Mainarm reuse pump well at 548984E and 6842320N
7	Total Volume Monitoring		Discharge volume monitoring via Magflow meter @ 550856E and 6842333N
8	Effluent Quality Monitoring (Reuse)		Tap on Effluent Reuse Line at corner of Main Arm Rd and Johnstones Lane Main Arm. 545057E and 6843676N

Quality Monitoring Conditions

For the Treatment Process at EPA Point 1:

Parameter	Units of Measure	Frequency	Method
Ammonia Nitrogen	Milligrams per litre	Special Frequency 1	Representative sample
Oil and Grease	Milligrams per litre	Special Frequency 1	Representative sample
pH	pH	Special Frequency 1	Representative sample
Total Nitrogen	Milligrams per litre	Special Frequency 1	Representative sample
Total Phosphorus	Milligrams per litre	Special Frequency 1	Representative sample
Faecal Coliforms	Colony forming units per 100 millilitres	Special Frequency 1	Representative sample
BOD₅	Milligrams per litre	Special Frequency 1	Representative sample
Suspended Solids	Milligrams per litre	Special Frequency 1	Representative sample

Special Frequency 1 means the collection of samples at least once a fortnight and at a minimum of ten day intervals.

Volume Monitoring Conditions

Parameter	Frequency	Method	Monitor Point
Total Volume	Measured continuously	Magnetic flow meter	EPA Point 5 – two Magflow meters on Inlet Works @ 551002E and 6843175N.
Effluent Discharge	Measured continuously	Magnetic flow meter	EPA Point 7 – Discharge volume monitoring via Magflow meter @ 550856E and 6842333N

BYRON SEWERAGE TREATMENT WORKS

Quality Monitoring Conditions

For the Treatment Process, EPA POINT 1:

Parameter	Frequency	Method	Monitor Point
BOD₅	Special Frequency 1	Representative sample	The outlet of the STP
Suspended Solids	Special Frequency 1	Representative sample
Grease & Oils	Special Frequency 1	Representative sample
Faecal Coliforms	Special Frequency 1	Representative sample
Total Nitrogen	Special Frequency 1	Representative sample
Total Phosphorus	Special Frequency 1	Representative sample
Ammonia Nitrogen	Special Frequency 1	Representative sample
pH	Special Frequency 1	Representative sample

For the 24Ha Effluent Reuse System, EPA POINT 3:

Parameter	Frequency	Method	Monitor Point
BOD₅	Special Frequency 1	Representative sample	Existing wetland pump station SPS3028
Suspended Solids	Special Frequency 1	Representative sample
Grease & Oils	Special Frequency 1	Representative sample
Faecal Coliforms	Special Frequency 1	Representative sample
Total Nitrogen	Special Frequency 1	Representative sample
Total Phosphorus	Special Frequency 1	Representative sample
Ammonia Nitrogen	Special Frequency 1	Representative sample
pH	Special Frequency 1	Representative sample

For the wetland outlet, POINT 4:

Parameter	Frequency	Method	Monitor Point
Total Phosphorus	Special Frequency 1	Representative sample	Outlet of the constructed wetland

For the Urban Reuse System, EPA POINT 5:

Parameter

Frequency

Method

Monitor Point

Chlorine (total residual)

Special Frequency 1

Representative sample

Outlet to urban re-use pipeline

Special Frequency 1 means the collection of samples at least once a fortnight and at a minimum of ten day intervals.

Volume Monitoring Conditions

Parameter	Frequency	Method	Monitor Point
Total Volume	Measured continuously	Magnetic flow meter	On rising main at the entrance to Plant (EPA Point 2)
Effluent Reuse Volume	Measured continuously	Magnetic flow meter	Existing wetland pump station (EPA Point 3)
Discharge to urban re-use pipeline	Measured continuously	Magnetic flow meter	Outlet to urban re-use pipeline (EPA Point 5)

OCEAN SHORES SEWAGE TREATMENT WORKS

Quality Monitoring Conditions

Parameter	Frequency	Method	Monitor Point
BOD₅	Special Frequency 1	Representative sample	The first concrete chamber located at the outlet pipe of the UV Disinfection Unit, approximately 160 metres South East of the STP office (EPA Point 3).
Suspended Solids	Special Frequency 1	Representative sample
Grease & Oils	Special Frequency 1	Representative sample
Faecal Coliforms	Special Frequency 1	Representative sample
Total Nitrogen, TN	Special Frequency 1	Representative sample
Total Phosphorus, TP	Special Frequency 1	Representative sample
Ammonia Nitrogen	Special Frequency 1	Representative sample
pH	Special Frequency 1	Representative sample

Special Frequency 1 means the collection of samples at least once every fortnight and at a minimum of ten day intervals.

Volume Monitoring Conditions

Parameter

Frequency

Method

Monitor Point

Total Volume

Measured daily

Magnetic flow meter

On rising main at the entrance to Plant

(EPA Point 2).

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Mullumbimby Sewerage System Inflow and Infiltration Programme - update

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2018/645

Theme: Community Infrastructure

Sewerage Services

Summary:

From minutes on 21 December 2017 (Res 18-054):-

“That Council commence a Mullumbimby Sewerage System Inflow and Infiltration Programme as a part of the sewer fund capital programme and that the Water, Waste and Sewer Advisory Committee receive an update on each quarterly meeting”.

Planning and resourcing for this project is continuing to allow commencement in July 2018.

RECOMMENDATION:

That the Committee note the report.

Report

The Inflow and Infiltration programme budget is currently out on exhibition for year 2018-19. The budget being sought is $500,000 per year for the next 5 years. This sum is for the foundation activities of the programme. Any major upgrades identified will be reported to Council to seek additional funding as required.

The following is a preliminary scope for the work in Mullumbimby.

1. Improvement of Mullumbimby data acquisition from SCADA:-

· At this time, the only data source for inflow and infiltration is the SCADA network. It’s believed the data received can be improved by a number of actions:

i. Perform pump tests on the 13 sewer pump stations (SPS) using a standard methodology.

ii. Perform asset inspections and measurements of each SPS.

iii. Increase frequency of data points during rain events.

iv. Update SCADA derived flows using the SPS pump tests and confirm SPS dimensions.

2. Analyse rain events with improved SCADA data to determine area(s) where worst I/I is expected to occur. If improved data does not result in clarifying this, select area with low-level gravity system with old infrastructure (i.e. SPS4002)

3. Analyse worst I/I area and select a number of properties (approx. 20 at this stage) where Low Pressure Sewer (LPS) could be installed successfully. These LPPS would flow limited to a maximum flow rate, such that during rainfall events, water from illegal stormwater connection(s) or localised flooding could not be pumped into the sewerage network. This will result in overflow at the LPS boundary and will be the owner’s responsibility to rectify.

4. The gravity sewer system where this LPPS is installed will need to be decommissioned and disconnected from the existing gravity catchment to prevent groundwater inflow. Monitoring of flooding in this area will be required.

5. Review of cost and other implications associated with installation of LPS and perform an analysis whether further LPS installation is financially viable.

Optional:

· Installation of additional rain gauges to obtain greater detail of rain fall distribution within the catchment

· Installation of groundwater monitoring bores to obtain greater detail of ground water levels and movement within the catchment

· For the worst I/I area selected, develop a program where internal drainage is cleaned and inspected for illegal cross connection. Possibly use a water tanker truck to simulate rainfall on ground/roof to assist with this process. After performing this process, monitor change in I/I through improved SCADA system.

· Installation of improved monitoring equipment at sewer pump stations.

Financial Implications

This budget programme has been included in the water and Sewer Strategic Business Plan.

Statutory and Policy Compliance Implications

Compliance with Council’s Sewerage System EPA licences.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.5

Report No. 4.5 Legislation relating to the Domestic Waste Management Charge

Directorate: Infrastructure Services

Report Author: Lloyd Isaacson, Team Leader Resource Recovery and Quarry

File No: I2018/897

Theme: Community Infrastructure

Waste and Recycling Services

Summary:

Part of Resolution 18-278 requested:

That Council provide to the next quarterly Committee meeting more information including the clauses from Acts and Regulations that either require or allow such full service charging with a view to a lesser charge than is currently proposed.

This report provides more information as per resolution.

RECOMMENDATION:

That the report be noted.

Attachments:

1 OLG - Council Rating and Revenue Raising Manual 2007, E2018/41378 , page 6 ⇩

Report

Part 4 and 5 of Resolution 18-278 state the following:

4. That Council not adopt the Committee Recommendation (Committee Report 4.3 Review of Rural Waste Service Options; File No: I2018/229; Committee Recommendation 4.3.1), but adopt:

1. That Council approve the introduction of a Rural 140L fortnightly landfill bin service option, with the provision of a Council subsidised compost bin, kitchen caddy and education pack for residents that take up the Rural service.

2. That Council apply rural domestic waste charges on each parcel of rateable land for which a service is available at commencement of the 2018/19 financial year.

3. That existing data on bins that have fallen over in rural areas be presented to the next quarterly meeting of the committee.

4. That Federal village zone be included in the urban 3 bin service.

5. That Council provide to the next quarterly Committee meeting more information including the clauses from Acts and Regulations that either require or allow such full service charging with a view to a lesser charge than is currently proposed.

With regard to the legislation as per part 5 of the resolution, the relevant excerpt from the Local Government Act 1993 is included below.

496 Making and levying of annual charges for domestic waste management services

(1) A council must make and levy an annual charge for the provision of domestic waste management services for each parcel of rateable land for which the service is available.

(2) A council may make an annual charge for the provision of a domestic waste management service for a parcel of land that is exempt from rating if:

(a) the service is available for that land, and

(b) the owner of that land requests or agrees to the provision of the service to that land, and

Further to the legislation, the following is an excerpt from the Office of Local Government Council Rating and Revenue Raising Manual 2007 (attached) explaining application of the Section 496 charge.

11.3 Raising revenue for domestic waste management services

By virtue of section 496 all councils must levy an annual charge in respect of all rateable land within their areas for which the domestic waste management service is available. The structure of the charge can, of course, be different for different service areas and different for different types of services within a service area. The section 496 charge is not the only source of revenue for domestic waste management services, user-pays charges can be used to supplement annual charges.

It is emphasised that it is entirely within the discretion of each council to differentiate the levels of such charges on the basis of the volume of the domestic service. For example a two tier pricing structure could be established with one annual charge for a once weekly 240 litre bin service and a different level of that charge for premises using a once weekly 55 litre bin service.

All rateable land that is situated within the area in which a domestic waste management service can be provided whether occupied land or vacant land, must be subject to an annualised section 496 charge.

The owners of unoccupied land cannot avoid making any contribution whatsoever towards the costs of the service. That is not to say that unoccupied land should automatically be subjected to the same level of annualised charge as occupied land. The charge can, and perhaps should, be differentiated to a lower amount as a matter of policy by each council, if circumstances justify this under the criteria of section 539. However, it would be contrary to law to attempt to set a section 496 charge at a zero amount.

Section 539 of the LGA 1992 is included for reference below:

539 What criteria are relevant in determining the amount of a charge?

(1) In determining the amount of a charge for a service, the council may have regard to (but is not limited to) the following:

• the purpose for which the service is provided

• the nature, extent and frequency of the service

• the cost of providing the service

• the categorisation for rating purposes of the land to which the service is provided

• the nature and use of premises to which the service is provided

• the area of land to which the service is provided

• in the case of water supply services--the quantity of water supplied.

(2) The amount of a charge need not be limited to recovering the cost of providing the service for which the charge is made, except as provided by sections 503 (2) and 504 (3).

The current adopted (and proposed) Council Revenue Policy requires that rural occupied properties pay the mandatory collection charge regardless of whether they utilise the service or not, as has been the case for urban properties for many years. This policy attempts to encourage the use of the service where it is available to minimise the cost of the service to everyone that uses it and to promote best practice kerbside waste management, ensuring it is properly disposed of (i.e. not illegally dumped or ending up in street bins).

It is ultimately up to Council to decide a charging structure and a lesser charge is permissible if justifiable. As such, Council may include a lesser “service availability” charge than the full service charge currently proposed, however is not recommended as it defeats the abovementioned purposes of the revised policy.

Financial Implications

As per previously reported to the WWSAC

Statutory and Policy Compliance Implications

As per above.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.5 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.6 - Attachment 1

WEST BYRON STP

ESTIMATED EVAPOTRANSPIRATION FROM WETLAND CELLS

10 February 2005

The evapotranspiration from the wetland cells at the West Byron sewage treatment plant (STP) was estimated for an average year, where the evapotranspiration is the combination of plant transpiration plus evaporation from the water surface.

1. Details

The surface area and vegetation cover in each cell is summarised in Table 1.

Table 1 Details for each cell.

Cell	Area (ha)	Proportion (%) of each type of cover			Vegetation type
	Area (ha)	Open water	Shaded water	Vegetation
E	2.07	0	0	100	Wetland spp
F	2.14	20	20	60	Mature Melaleuca
G	1.96	20	20	60	Mature Melaleuca
I	3.77	30	0	70	Wetland spp
J	3.51	0	0	100	Wetland spp

The mean pan evaporation at Alstonville was taken to represent the evaporative demand at Byron Bay. This was converted to potential reference crop evapotranspiration by multiplying by a pan factor of 0.8, and to the potential crop evapotranspiration by multiplying the first result by a crop coefficient. Most crop coefficients were taken from the FAO publication “Crop Evapotranspiration”. It was assumed that the cells always contained water.

The various coefficients were:

Open water 1.05

Shaded water 0.525

Mature melaleuca trees 1.1

Wetland species 0.7 in the coolest month ranging to 1.2 in the warmest

2. Results

The monthly evapotranspiration from each cell is given in Figure 1.

Figure 1 The monthly evapotranspiration from cells E, F, G, I & J.

The seasonal difference in evapotranspiration was greater from cells E, I and J because they contained wetland species that transpired much more in the warmer than in the cooler months. The total evapotranspiration was greater from cells I and J because they were the largest.

It was assumed that the transpiration characteristics of the mature melaleuca trees did not vary between summer and winter, and their seasonal variation in evapotranspiration was due to the seasonal variation in the evaporative demand alone. Hence cells with these trees had a flatter seasonal evapotranspiration curve in Figure 1.

Table 2 contains the total evapotranspiration from all five cells.

Table 2 The total evapotranspiration from 5 cells.

Month	J	F	M	A	M	J	J	A	S	O	N	D	Yr
Evapotranspiration (ML/mth)	21.6	17.0	16.1	10.6	7.9	6.6	7.3	9.9	12.5	14.9	17.7	22.8	165

The total evapotranspiration of 165 ML/yr equates to an average rate of 3.4 mm/d.

Rainfall will have no effect on evapotranspiration from the cells. Rainwater will be intercepted on the cells but it will simply add to the volume of runoff.

3. Seepage losses

Almost certainly there will be some seepage losses from the cells but there are no robust estimates.

PPK (2000) considered the seepage losses from the existing constructed wetland and estimated that they were of the order of 5 mm/d. On the other hand, preliminary estimates of percolation under the 24ha Melaleuca regeneration area range up to 1.1 mm/d. The PPK estimate was obtained from an unlined pond, whereas the regeneration area is overlain with peaty soils. The PPK estimate was based on a water balance study that spanned 4.5 years and hence covered a variety of weather conditions, whereas the study on the regeneration area covered just 3 months.

Using the surface area of cells to estimate the area of cell bottom and walls that contribute to seepage, the above rates equate to a total seepage loss from the five cells of 246 and 54 ML/yr respectively. These are approximate estimates and it was difficult to decide between the two and to comment on their accuracy, but the longer duration of the PPK study was an advantage. A key point would be to decide on the similarity of the drainage characteristics between the original constructed wetland cell and the cells that were used in this study.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 31 May 2018
Time	11.30am