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 - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 DA water

Directorate: Sustainable Environment and Economy

Report Author: Cameron Clark, Manager Utilities

File No: I2021/716

Summary:

The purpose of this report is to respond to questions raised by Mr Duncan Dey and Cr Cate Coorey in relation to the process of how advice to developer’s works and what sewer load does Council think should be catered for from the hospital precinct at the western end of Ewingsdale Road?

The process of referrals is as follows:

1. Development applications (DA) are referred to Council’s water and sewer engineers for comment where there is likely to be an increase in load or a structural impact on the water and sewage infrastructure including, mains, reservoirs, pump stations and treatment plants.

2. If the DA is to be approved – Conditions are recommended to require a certificate of compliance under the terms of the Water Management Act 2000. Conditions may be imposed to:-

a. to pay a specified amount to the water supply authority by way of contribution towards the cost of such water management works as are specified in the notice, being existing works or projected works, or both,

b. to construct water management works to serve the development.

3. If refused – and there is water and sewer matters that are reasons for refusal then they are incorporated into the reasons for refusal.

The Utilities Systems Planning Engineers are responsible for assessing the DA under the adopted equivalent tenement policy (ET Policy) and the development servicing plans (DSP). The DSP sets the rate of the contribution and the ET policy determines the level of demand. The engineers are also responsible for assessing the available capacity in the network to service the development. This includes downstream pump stations and the treatment plant. Where a new pump station or main is required it must have sufficient capacity to cater for the design capacity of the upstream mains and pump stations in the network.

Byron Central Hospital Pump Station

At the ordinary meeting of 9 October 2014 Council considered a report on state significant development application SSD 6573 Byron Shire Central Hospital (E2014/55602) provided as attachment 1.

Council resolved at minute 14-502

1) That Council:

a) Advise the Department Planning and Environment of its general support for the development of a Byron Shire Central Hospital (BSCH); and

b) Forward a copy of this report to the Department to identify the issues associated with the BSCH; and

c) Forward a copy of this report to the media including a press release identifying the issues associated with the BSCH.

d) Request that the Department include the recommended conditions of consent at the end of this report into the consent for the BSCH;

e) Endorse the payment of Section 64 charges for sewer in accordance with the table at the top of page 44.

2) That Council delegate staff to set the design parameters required for the rising main to service the BSCH and the development immediately adjacent that site (east and west) that is currently the subject of a rezoning. The holding well capacity shall be designed to satisfy the demand for the possible future development of Ewingsdale locality. The cost of Council’s share of the design and construction to be funded from the Section 64 Sewer Fund.

3) That due to the proposed new Hospital not containing an operating theatre providing surgical services, which has always been considered essential by the Byron Shire Community Consultative Committee in its support for a new facility, this council cannot support the proposal in its current form. (Spooner/Richardson)

Council resolved to future proof the pump well and rising main at the Byron Central Hospital by giving it extra capacity. The hospital needed 100 ET but for minimal extra cost 1,000 ET capacity was provided in case we ever wanted to sewer Ewingsdale. That infrastructure can sit there unused but it would be very expensive to come back and upgrade it later.

The hospital rising main will now connect to the new West Byron pump station. So it in turn needs to have the extra capacity.

RECOMMENDATION:

That Council notes the report.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Staff Reports - Infrastructure Services

Report No. 4.2 Waste Issues of interest

Directorate: Infrastructure Services

Report Author: Danielle Hanigan, Team Leader Resorce Recovery and Quarry,

File No: I2021/705

Summary:

The intent of this report is to provide the Water Waste and Sewer Advisory (or subsequent) Committee with a regular update on the some of the key projects and programs underway within the Resource Recovery Department. The projects outlined in this report include:-

· The North Coast Regional Waste Investment Review

· Leachate System Upgrade & Landfill Closure and Rehabilitation

· Textiles Recycling

· Community Engagement

· Business waste reduction: Make the Switch to Circular Cafes

· Second life for Second Hand Shop

· Zero Waste Events

· Litter and Illegal Dumping – delivering the Illegal Dumping Litter Education and Enforcement Plan

All projects align with the Objectives of the Towards Zero – Integrated Waste Management and Resource Recovery Strategy, which was adopted by Council in May 2020.

RECOMMENDATION:

That the committee note the report.

Report

The North Coast Regional Waste Investment Review

The North Coast Regional Waste Investment Review Project has been conducted on behalf of 13 Councils within the NSW North Coast region. These Councils are represented by North East Waste and MidWaste Regional Waste Groups. The Project considers options to develop regional responses to collective waste challenges, including infrastructure to divert residual waste from landfill, to enhance recovery rates and to support the security and local opportunity of the recovered materials supply chain through to end markets. While each local council and community has individual pressures and levels of education around waste management, there is a general commitment to reducing waste to landfill and improving reuse and recovery. The challenge remains as to the best way to achieve this. The project is being driven through Richmond Valley Council’s Economic Development Department, with support from Council Waste staff and General Managers from all participating Councils.

The project thus far has delivered two stages, with the third stage currently underway;

Stage 1: Waste and Infrastructure Stocktake Report

Stage one was a data collection and industry consultation exercise to develop a report that quantified the region’s municipal solid waste (MSW) generation. The report also modelled future flows and characterised the current inventory of waste services, infrastructure and end markets. This provided an evidence base for a preliminary assessment of infrastructure gaps.

Stage 2: Final report and Options Analysis

The final North Coast Regional Waste Investment Review report further characterised the business as usual context and assessed the agreed regional options for residual waste against that baseline in order to identify a preferred solution. This included high level analysis of Alternative Waste Treatment (ATW) technologies, and scenarios for Energy from Waste plants, Refuse Derived Fuel and a large scale regional landfill within the North East Waste region. Modelling included financial analysis, carbon profiling and also described opportunities to support the emergence of a local circular economy.

Stage 3: Expression of Interest and Market Sounding (current stage)

The project has now entered a third stage, with 9 of the original 13 Councils committing to participating in a Market Sounding, Expression of Interest (EOI), and tendering process for establishment of regional waste facilities. This is based on providing commercial operators the opportunity to establish commercial waste facilities in the region with certainty of Council waste disposal contracts dealing with the comingled recycling and general waste streams. The process of engaging an appropriate consultant to undertake the EOI process on behalf of the 9 Councils is currently underway.

It should be noted that although individual Councils have committed to being a part of the Market Sounding and EOI process, this does not commit to continuation in the project overall, and Council’s participation will be determined by the opportunities presented through this process.

Leachate System Upgrade & Landfill Closure and Rehabilitation

Two large scale projects are underway for the Byron Resource Recovery Centre (BRRC), namely the upgrade of the leachate storage infrastructure, and the final capping of the Southern Expansion landfill cell. The current leachate storage system consists of poly tank farms which are emptied and transported off site for treatment. This infrastructure is nearing end of life, with recent rainfall events highlighting the need to renew this system. This will include bringing the bunding system up to current standards and increasing automation of the telemetry of the system as a whole.

The Southern Landfill Cell comprises of an area where landfilling ceased in 2013, it has an engineered liner and leachate collection system, and is in the final design stages of closure and rehabilitation. It is no longer used as an active landfill, and the designs of the closure of the Cell suggest there will be minimal capacity remaining. Therefore, complete capping and closure of the Cell is recommended. Additionally, this will enable for increased operational space, and a decrease in leachate generation. Pending approval of the Plan and design from the EPA, works are scheduled to commence in early – mid 2022.

Textiles Recycling

Worn Up uniform recycling program

Worn Up recycle old school uniforms that have reached their end of life. They are collected on a per term basis, and are processed, shredded, returned to fibre and made into a range of things including dog beds. Worn Up provide a receptacle to participating schools, and provide liaison and logistics to the schools directly. The group has worked with a number of universities including the UNSW Smart Centre as part of Circular NSW – who are responsible for the microfactories project which turns textiles into tiles and other hard materials.

Expressions of Interest have been distributed to all 17 schools within the Shire for a 12 month starter trial – whereby Council is offering financial support for the collection and processing for any school wishing to participate for the first 12 months. In return Worn Up collects data and provides a report to Council at the end of the 12 month period, which will help to guide future textile recycling programs locally. Participating schools are also asked to engage with other waste minimisation programs, and develop relationships with Resource Recovery Education staff. Thus far 5 schools have expressed their intention to be involved, and one of these schools will be used to champion the program through a media launch to further promote the program to the broader schools community. In addition, an internal Council Worn Up receptacle will be implemented for the recycling of old Council uniforms.

While school uniforms are a small section of textile waste, the program helps to educate students and school communities about the impact of textiles and also allows Byron Shire to participate in creating an onshore, market solution for textile waste. Should local textile recycling or upcycling initiatives become available, the Resource Recovery team will explore these opportunities as the arise and support community organisations wherever feasible.

Mattress recycling

A business case for the separation of mattresses for recycling will be undertaken in the coming months to determine the feasibility of implementing this program. If deemed appropriate, it is likely that this will result in a procurement process to set up a contract for the removal and recycling of mattresses from the BRRC and a per item charge being added at the weighbridge for mattresses, which will contribute to covering the cost of recycling.

Community Engagement

Re-think Tank

The Re-think Tank is a regular event and ongoing conversation around the waste issues in the Shire. It is an opportunity to network, collaborate and share innovative ideas with other members of the Byron Shire community working in the waste avoidance and minimisation space and aims to bring together the many organisations working on similar outcomes to achieve together. The Re-think Tank was launched in March 2021, and two events have been held thus far, with each event having a different topic or focus, for example event waste management. The Re-think Tank has resulted in a number of advances and connections being made, for example -Stone and Wood and the Mullumbimby Neighbourhood House discussing solutions around excess produce and fundraising through creating a beer.

The next Re-think Tank event is scheduled for early September and is promoted through the Sustainability E-News, existing mail out networks and via social media.

@byronbinfluencer – Instagram Page

The Byron Binfluencer is showcasing waste behaviour in the Byron Shire – the good, the bad and the confusing. The platform is used to promote Council initiatives, community programs and achievements, provide education and call out behaviour that is not aligned with responsible waste management. The page was launched in April and has generated 64 posts, has 234 followers and has had direct message engagement with 70 different accounts. The engagement continues to grow with followers increasing weekly.

The account was currently promoted via interview on ZZZ FM radio, as well as all Resource Recovery engagement activities.

Business waste reduction: Make the Switch to Circular Cafes

The Make the Switch Program encouraged businesses to switch from single-use plastic to better alternatives. The program has run for three years, concluding on 31 July 2021. The program ran under the Plastic Free Byron banner, which will continue to be promoted by Council and its community partner members, and highlight various programs aligned with its cause.

Make the Switch has achieved great results in moving businesses, particularly hospitality businesses away from single use plastic with 1,443,973 pieces of plastic saved, 68 member businesses, and 36 plastic free champions since its inception, however the landscape has changed somewhat since 2017.

Over the 3 year period of the program we have seen an exponential rise in “alternative” single-use packaging and greenwashing. Without proper regulation, and limited understanding of the resources and footprint that the processing of “compostable” packaging requires within the community, this can lead to a false sense of best practice.

Running concurrently with the Make the Switch program has been North East Waste’s Circular Cafés Program – this works as an extension of the Make the Switch program, in that it aims not only to eliminate single use packaging in businesses, but also to reduce food waste going to landfill through the provision of a weekly food waste collection. The program supports businesses to make changes in their supply chains, and puts emphasis on reuse rather than “compostable” packaging, aligning with the Byron Loves BYO campaign. Circular Cafes also works to connect the generators of waste with those that can utilise the resources.

As a member of North East Waste, Council contributes both financially and through participation in its programs, and as such consolidating its business waste reduction programs in this way will provide clearer guidance and less confusion for businesses, who are already struggling with time and resources. This consolidation will increase cost efficiency for Council, as well as provide greater consistency across the Northern Rivers Region, with neighbouring Councils also participating in Circular Cafes program, whilst still achieving all of the aims set out through Make the Switch. The program is jointly funded by the NSW EPA through their Bin Trim program, with additional leverage of the program to be funded by Council.

Second life for Second Hand Shop

This project aims to raise the profile of the BRRC Second Hand Shop – making it a destination not only as a shop to source and deposit reused goods, but as a space to develop and support community-based sustainability and circular economy initiatives. This will be done through providing infrastructure upgrades to the Second hand Shop including better shelving, signage and organisation, providing a space for the delivery of workshops on upcycling and repair, and identifying reverse garbage opportunities through linking with local businesses to reuse their “waste” items. Furthermore, with the establishment of an appropriate space we can create relationships with community organisations and local artisans to deliver workshops to upskill the community on reuse and upcycling.

Supporting groups and initiatives that are already reusing and repurposing second hand goods and developing a new space will create a larger network of opportunities and locations for reuse, repair and repurposing to take place. Through education on recovery, repair and repurposing we can create a value culture for extending the life of second hand goods. This will also enhance our schools program, allowing for expansion of the BRRC schools excursion program. Integral to the project is a feasibility assessment on the closure of the Second Hand Shop for one day per week to sales, allowing for increased resource recovery, maintaining safe organisation of the space, and setting up additional specialty recycling stations for hard to recycle items.

Zero Waste Events

This project aims to reduce the impact that the waste generation of the many events has on our Shire, and to build on the relationships with community organisations already working in this space. This will include the development an online guide to help event organisers implement zero waste practices at their event, working with community organisations to create a network of resources and infrastructure to achieve zero waste events e.g. water refill, wash station trailer, and supporting event and market organisers with education, clear consistent signage, bin infrastructure and advice.

Staff will also be working to develop a Council Towards Zero Waste policy for events and continue to review work closely with the Events team to review Event Waste Management Plans and provide advice and conditions for organisers to adhere to.

Litter and Illegal Dumping – delivering the Illegal Dumping Litter Education and Enforcement Plan

Illegal Dumping Prevention Project: Feb 2020 – April 2021

Council is running a NSW EPA grant funded illegal dumping prevention project to reduce the number of illegal dumping incidents in the shire by 30% with a key focus on kerbside and green waste dumping. The project uses an integrated approach of education and awareness, infrastructure, monitoring, enforcement and evaluation. Educational resources are being developed and distributed to the broader community including short term stay accommodations to encourage appropriate waste disposal and provide information on these services. The program aims to remove barriers to correct waste disposal by providing additional services such as a courtesy trailer to transport bulky waste. Surveillance signs and a permanent camera will be installed in hot spots throughout the shire to deter offenders and there will be an increase in enforcement action. Regular monitoring will be undertaken throughout the program to evaluate its success.

Own it and Act – Internal Council Litter Project: November 2020 – June 2021

This project focussed on increasing the engagement of staff in litter prevention/ resource recovery initiatives and expanding their knowledge on litter and waste issues in our community so that staff are leading by example in our community. This was achieved through increasing awareness around litter and waste issues by providing various means of education and encouraging participation in workshops to further embed these learnings. This included staff and community cleans, installation of ‘The Litter Journey Artwork’, presentations at staff forums, building cross-departmental relationships, implementation of a re-use station to assist staff and involvement in ‘call to actions’ such as Take 3 for the Sea and Waste Pledges and regular communications through various platforms on our waste and litter reduction initiatives.

Butt Free Byron Shire Phase #2: November 2020 – August 2021

This project is our current on-ground litter prevention project which targets visitors in the Byron Shire and has a key objective to reduce litter volume by 40% by the end of the project in line with the NSW premier priority. There is a key focus on educating visitors on the impacts that litter can have on The Cape Byron Marine Park. It has involved collaborating with local tourism operators and businesses, developing and distributing creative educational materials including a video advertisement and an educational video, running educational events (although limited with COVID-19 restrictions), undertaking enforcement blitzes in peak summer periods and expanding signage to enforce the no smoking ban, improving and increasing the number of clean-ups undertaken by council and the community and working with local pubs and restaurants to improve their cigarette butt disposal.

Whilst there are many other programs underway, this provides a snapshot of those that may be of most interest to the Water Waste and Sewer Advisory Committee at this point in time.

Strategic Considerations

All Projects and programs outlined within this report align with specific actions within the Towards Zero Integrated Waste Management and Resource Recovery Strategy.

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.4	Provide a regular and acceptable waste and recycling service	1.4.1	Implement Integrated Waste Management and Resource Recovery Strategy	1.4.1.1	Implement 2020/21 action plan activities identified in the Waste Management Strategy
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.4	Provide a regular and acceptable waste and recycling service	1.4.3	Participate in regional waste management programs and initiatives	1.4.3.2	Support the progression of a regional; alternative waste treatment facility in alignment of the adopted strategy and relevant resolutions

Financial Considerations

All programs are budgeted for within the adopted 2021-22 Operational Plan.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Byron STP Condition 9 Additional Load - Quarterly Report

Directorate: Infrastructure Services

Report Author: Dean Baulch, Principal Engineer, Systems Planning

Vivianne Lins, Environmental Planner

File No: I2021/717

Summary:

This report is for the Committee’s information and reviews compliance with the Byron Bay

Sewerage Augmentation Scheme - Conditions of Approval (2002).

Condition 9(iii) requires that sufficient reuse (recycled water) capacity be available before the acceptance of any additional load at the treatment plant.

In the years since the approval was granted (2002 to date) 2,683 Equivalent Tenements (ET) have

been approved, resulting in an additional load of 1.583 ML/day at the treatment plant. The current

day operating capacity of the reuse system equates to 2.02ML/day or 3,427ET. Therefore the

reuse system provides sufficient capacity to accommodate the additional load as defined in the Conditions of Approval.

RECOMMENDATION:

That the report is noted.

REPORT

The relevant section from Condition 9 of the Approval is Condition 9(iii), which states, “Additional load at West Byron STP will not be accepted until: availability of sufficient reuse capacity to accommodate 100% of the volume of treated effluent generated by the additional load”.

“Additional Load” is defined in the report as “any sewage load resulting from development consents after the date of this approval”. Date of Approval is 9 December 2002.

From December 2002 through to the end of June 2021 2,683 additional sewer Equivalent Tenements (ET) have been approved by Council through development consents. This additional load (including approvals for secondary dwellings) is also adjusted (reduced) based on development applications that have been modified, withdrawn, refused or when the approval expires during the same period. Figure 1 shows the annual approved additional ET load from 2002 to 2021.

Figure 1 - Equivalent Tenements approved by Council from 2002-2021

The current day operating capacity of the reuse system to produce treated effluent is 26 Litres per second or 2.25ML/day less 10% of water for filter backwash purposes equates to 2.02ML/day or 3,427ET.

Current Approved

Available Capacity

(ET)

Condition 9(iii) Additional Load Calculation

2,683

Current effluent reuse system capacity 2020

3,427

744

Therefore, the existing reuse system provides sufficient capacity to accommodate the additional load as defined in the Conditions of Approval.

Committee Report Tracking Summary: Condition 9. Additional Load at Byron STP	Current Approved ET	Difference (ET)
30 January 2020	2,408	-
30 July 2020	2,478	70
29 October 2020	2,508	30
18 February 2021	2,738	230
29 April 2021	2,749	11
19 August 2021	2,683	(66)

An obvious reduction in the approved ET load. To reiterate the ET load is adjusted (reduced) based on development applications that have been modified, withdrawn, refused or the approval expires.

In terms of the actual reuse volumes for Byron Bay since the system was commissioned the following annual figures are provided:

Calendar Year	Total Urban Reuse Flows (ML)
2006	258.8
2007	336.1
2008	204.4
2009	174.5
2010	257.2
2011	287.4
2012	294.0
2013	287.2
2014	296.9
2015	261.9
2016	221.8
2017	257.3
2018	246.7
2019	424.7
2020	405.2
*2021 up to 31 July	232.7

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 19 August 2021
Time	9.00am