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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.

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.

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 of the provisions in the Code of Conduct (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 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 Inflow and Infiltration

Directorate: Infrastructure Services

Report Author: Cameron Clark, Manager Utilities

File No: I2019/1511

Summary:

The Mullumbimby three month flow metering trial has been completed and has provided baseline I/I data for future projects. It has also verified the results obtained from the SCADA upgrade performed late 2018.

Interflows have begun inspection works within Mullumbimby to identify points of inflow in the sewerage system. The outcome will be a report listing Council sewerage and stormwater assets current condition and recommendation of repair, reline or replace. It will also identify areas of illegal connections into the sewerage system which contribute to inflow.

A Community Survey for Mullumbimby residents will be issued in the near future to gain further understanding of the impact I/I has within the community.

RECOMMENDATION:

That the Committee note the report

Attachments:

1 24.2015.79.1 - EDS - FLOW METER - Mullumbimby Flow Monitoring_2018_2019.pdf, E2019/40917 , page 8⇩

2 24.2015.79.1 - DRAFT CEMP - CommunicationEngagementPlan_InflowInfiltration_WSUD, E2019/40846 , page 24⇩

3 24.2015.79.1 - AWC - Summary for Wastewater Steering May19, E2019/40849 , page 33⇩

REPORT

The Mullumbimby Inflow and Infiltration investigation in Mullumbimby has identified areas of the sewerage network which receive high levels of inflow and infiltration. These levels have since been verified from flow metering performed by Environmental Data Services (EDS).

Interflow Pty Ltd has begun pressure cleaning and CCTV inspections of the sewerage and stormwater systems within the worst affected areas to located points of inflow. Depending on the outcome of these inspections, smoke testing may be required. At the completion of this investigation, it’s anticipated that Council shall have a report which documents Council assets which need to be relined, rehabilitated or replaced. It will also indicate locations of properties which have illegal stormwater connections into Council’s sewerage network; this then becomes a compliance matter.

The initial version of the Communications Engagement and Management Plan (CEMP) for this project has been drafted and provided to Council’s communication team. As outlined in this document, Council will be issuing a survey for residents within the Mullumbimby area to obtain feedback of I/I issues. This survey shall be reviewed by the Mullumbimby Residents Association prior to be issued.

The previous SCADA upgrade in Mullumbimby which identified areas of high I/I was proven correct from recent flow metering. As such, this SCADA upgrade is being rolled out to all SPS sites within the Byron Shire to begin investigation phase for other catchments.

Environmental Data Services (EDS)

Refer to Attachment #1

Tim Fleming from EDS has provided his report (dated 21^st May 2019) for the flow monitoring trial within Mullumbimby. This report confirms levels of infiltration and inflow within the Mullumbimby catchment, in particular the high level of inflow within the Mullumbimby CBD area. The results from this trial shall provide baseline flow rates for sections of the sewerage network, which can be compared against for future pilot projects.

Interflow

Interflow Pty Limited have begun cleaning and investigation of Council’s sewer and stormwater assets within the Mullumbimby CBD area starting 27^th May 2019. The CBD area (SPS4001 catchment) has been identified as having high levels of inflow as per SCADA and flow meter results. The scope of works include:-

· 97 Sewer manholes.

· 5,310m of 150mm sewer pipelines.

· 23 stormwater manholes.

· 2,526 stormwater mains of various sizes up to 750mm.

· Capture the condition of the cleaned Assets by way of CCTV camera and assess rehabilitation.

· Provide Council with a Condition Assessment Report of the assets including pipelines and maintenance holes in accordance with WSA05-2008 Conduit Inspection Reporting Code of Australia.

· Provide in this report at the completion of the works; recommendations to council for repair or renewal.

Communications Engagement Management Plan + Community Survey

Refer to Attachment #2

A draft Communications Engagement and Management Plan (CEMP) outlines the communication strategies and methods that will be used to promote community and stakeholder awareness, cooperation and engagement in the I&I project, Water Sensitive Urban Design and in reducing residential water use to help reduce inflow and infiltration into the sewerage system.

Key communication tasks for the I&I project include:-

· Online and postal survey for Mullumbimby residents to gain further understanding of the impact I/I has within the community;

· Dedicated project page on Council website as the key information resource for community;

· Social media and community newsletter notices to provide timely updates; and

· Use of community ambassadors to promote positive engagement in the project.

The results of the survey will assist in identifying high risk areas of flooding or sources of inflow and infiltration. They will also identify the level of community interest in the I&I issue and assist Council to create relevant and meaningful opportunities for the community to engage, such as the water sensitive urban design pilot projects.

The overall aims of the CEMP are to keep the community informed while encouraging positive engagement in the I&I project.

Summary of the communications activities to date for Reducing Stormwater in Sewer project (I&I):

· A community survey went out to approximately 1100 residences in Mullumbimby and online. It was open for 2 weeks.

· Advertising was via local print media (Echo and News) and Council social media.

· 163 responses have been received by Council. This is almost 15% response rate – which is considered at the higher end of average (average is 10-15 %.)

· The data is currently being analysed and cross referenced with existing data to identify priority areas and issues.

· Only one negative response from community was received re the survey process. The response questioned the value of the survey and noted that a physical assessment would provide a more objective outcome. The visual assessments were later undertaken as part of this project. The response was acknowledged via the Residents Association.

· A database of 95 residents has now been established for future comms on this project (direct subscription).

· The project team liaised with the Mullumbimby Residents Association prior to the survey being released and will continue to do so as a main stakeholder.

· There is a project page on Your Say website and Council’s website where a number of short articles with further information on the project are available.

· A media release is planned for the near future to thank the community for their input.

· Social media, website, project webpage and direct mail (email and post database) will be standard comms methods.

· Future comms strategy is an awareness and education campaign about water sensitive urban design.

WSUD

Refer to Attachment #3

Summary of key points:

· Flow meters where installed within three manholes and continually monitored flows between the 1^st of December 2018 and 1^st of April 2019 to provide an understanding of how flows change in relation to daily usage, rainfall events and infiltration into the sewer network from high groundwater and cracks in the pipe network.

· An analysis of the issues relating to the sewer network and surface stormwater flows was also conducted to further understand and characterise the inflow and infiltration component. This included survey and site investigations within the three investigation areas Zone 1 south of Tyagarah Street, Zone 2 north of Burringbar Street adjacent to the river and Zone 3 within the centre of the town.

· Presently little to no management of stormwater in what would be considered a water sensitive approach occurs in Mullumbimby. This means that actions to include WSUD are likely to have significant benefit to both the amount of the local community and the environment. The adoption of WSUD within Mullumbimby will enhance the local environment while taking pressure off the town’s sewage network.

· There are numerous locations where stormwater within laneways cannot physically reach the downstream stormwater network, meaning flooding occurs in even small storm events. Implementation of WSUD strategies can have a significant positive impact on reducing peak storm flows whilst reducing infiltration to sewer.

· Potential volumes which can be intercepted have been calculated using the 3-month ARI storm for Mullumbimby which corresponds to approximately a 40mm rainfall event. It should be recognised that storage and detention can be increased or reduced depending on available space and priority sub catchments where pressure on the sewer system is greatest. By capturing rainfall at the surface we prevent it from entering the sewer network and reduce the peak flows in the system.

· Monitoring of sewer flows has been ongoing since December 2018 and clearly demonstrates the increase in flow rates in the Mullumbimby sewer network when rainfall occurs.

· AWC has completed a detailed analysis of the opportunity to utilise WSUD urban design within Mullumbimby to reduce inflow and infiltration. This analysis confirms many opportunities to reduce inflow and infiltration of stormwater to sewer through the adoption of water sensitive urban design practices. Further detail is provided in the attached options analysis and plans.

These measures also provide secondary benefits including:

· Reduced demand for potable water.

· Creation of a greener and more sustainable town.

· Provision of shade and greenery throughout the town.

· The next stage of the project will develop a cost estimate for the strategy to then compare these costs with other options for reducing inflow and infiltration of stormwater to sewer.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Byron Bay Integrated Management Reserve Update

Directorate: Infrastructure Services

Report Author: Bryan Green, Water Sewer Systems Environment Officer

File No: I2019/1588

Summary:

This report is in response to questions raised by the Waste and Water Sewage Advisory Committee, and subsequent recommendation that a report be submitted to Council detailing Council’s fulfilment (or not) of the Condition 9, of its DA approval (in 2002) for the Byron Bay STP.

Recommendation:

1. That Council note the report

Attachments:

1 Sandmine Track - Byron Wetlands_Mining PATH 1..pdf, E2019/73091 , page 49 ⇩

2 Sandmine Track- Byron Wetlands_Mines Dept Belongil.pdf, E2019/73093 , page 50 ⇩

3 Updated Byron Bay Wetland Cells - Phosphorus Study, E2019/73674 , page 51 ⇩

4 Report by AWC to assess Acid Sulfate Soil potential in the 24 Ha Byron Bay Wetlands (1-191162_01a_Byron Bay Wetlands_Pyrite_Testing_20191003.pdf), E2019/74709 , page 75⇩

REPORT

The following questions were required to be answered from Council Resolution 19-466.

Q1. That Council receive further information from Committee members before undertaking

further investigation related to the Sandmining Path near Byron Bay STP

Staff Response: At the 29 August 2019 WWSAC meeting the Committee requested Col Draper provide evidence of the location of the Sandmine Track – Attachments (E2019/73091 and E2019/73093).

A further suggestion was to meet on site to identify the location of the Sandmine Track.

Utilities staff welcomes a site visit to assist with identifying the location of the Sandmine Track but more importantly that Council can investigate a perceived and / or possible effect it may be having on the Catchment.

Q2. That Council monitor phosphorus levels in the soil of the Wetlands area in order to

Monitor sequestration and the approach towards sorption capacity of phosphorus over future years

Staff Response: Please see Attachment 1 (E2019/73079).

Q3. That up to date data collected on acid sulfate soil performance with the 24 ha wetlands

be circulated to committee members.

Staff Response: Due to time constraints a full detailed report of the acid sulfate performance (Pyrite) of the 24 ha was not available to be attached to this agenda report.

The report will be provided prior the meeting.

Q4. That Council receive a report in 2019 via its WWS Committee on fulfilment or not of

Condition 9 of its DA approval (in 2002) for the Byron Bay STP.

Staff Response: In 2002 the Byron Sewage Augmentation Scheme was initiated. This scheme comprised of the upgrading of West Byron Sewage Treatment Plant (STP), decommissioning of South Byron STP, construction of a sewerage transfer pipeline between South Byron STP and West Byron STP, and upgrading of associated pumping stations.

As part of this scheme, a “Clause 91 Report” was completed by Connell Wagner Pty Ltd on behalf of Byron Shire Council. This report highlighted various conditions of approval to the scheme. Council have requested information regarding the fulfilment (or not) of Condition 9 from the report. Condition 9 is detailed below.

9. Acceptance of any additional load at West Byron STP will not be accepted until:

(i) The transfer of 100% of the sewage flows from South Byron catchment;

(ii) West Byron STP satisfactorily meeting all applicable performance requirements as specified in the plant’s Environment Protection Licence and in this approval;

(iii) Availability of sufficient reuse capacity to accommodate 100% of the volume of treated effluent generated by the additional load; and

(iv) Availability of treatment capacity as defined in Approval Condition 6 above.

A response to each item is detailed below:

(i) The sewage from the South Byron catchment was transferred to the West Byron STP in 2005.

(ii) Routine testing, as required by the Environmental Protection Licence, confirms that the plant meets all applicable performance requirements. This is detailed in the annual report completed each year on the plant’s performance.

(iii) Since the approval of the scheme, lifting of the Sewerage Moratorium in 2006, and the transfer of all South Byron flows into the West Byron catchment, there has been an additional load of approximately 1.0Ml/day at the Byron Bay STP. At the time of approval, West Byron and South Byron STP’s were each treating 2.0ML/day (4.0ML/day in total) on an average dry weather flow (ADWF). The current loading (Sept 2018-Sept 2019) on the Byron Bay STP is 4.8ML/day. The actual additional loading from development consents (which is the definition of additional loading) approved since the transfer of the South Byron flows to West Byron. Additional flow based on Development Consent was not permitted until the moratorium on development was lifted in April 2006 as per Council Resolution.

In the first 9 months of 2019, an average daily reuse of 1.1ML was supplied to customers (a total of 309.6ML supplied from 01 January 2019 to 30 September 2019). This is in excess of the 100% of additional loading requirement set out in Condition 9.

(iv) It is confirmed, that at the time of upgrade, the treatment capacity was increased to the 6.95ML/day as required by Condition 6 of the Clause 91 Report.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 10 October 2019
Time	2.00pm