Effluent management

These rules relate to all farm dairy effluent that is connected with the dairy shed, feed pad / standoff pads, stock holding areas, underpasses, and irrigation.

Waikato Regional Plan

• Permitted Activity Rule 3.5.5.1  – Discharge of Farm Animal Effluent onto Land
• Permitted Activity Rule 3.5.5.2 – Discharge of Feed Pad and Stand-Off Pad Effluent onto Land 

Under the Waikato Regional Plan permitted activity rules, the maximum loading rate of effluent cannot exceed 25 millimetres depth per application, and the nitrogen loading rate cannot exceed 150 kilograms per hectare. Effluent must only be applied at a rate suitable for the soil conditions and any ponding of effluent on the land surface following application is unlawful.

Your effluent storage facility or facilities must be correctly sized for your individual farm system and management, and must be sealed to the specified standard of 1 x 10^-9 m/s, to prevent the contamination of groundwater. 

You need to provide information to demonstrate that the permeability of the sealing layer complies with the rule when requested by council. Council is requesting certification (and re-certification) of the sealing for all clay lined/earthen ponds in our region and updating each farms records to reflect these results. The same will apply for other types of pond lining systems as they age. 

The National Fresh Water Farm Plan, Waikato Regional Plan PC1 and Farm Environment Plans will also require farmers to demonstrate how they are achieving compliance with environmental regulation, and the same frequency of effluent storage pond testing will be required by those plans when they eventually become live.

National Environmental Standards for Freshwater Regulations 2020 (NES-F)

• Regulation 12 - Permitted activities: stockholding areas for small and young cattle
• Regulation 13 - Permitted activities: stockholding areas for larger and older cattle

Waikato Regional Plan

The Waikato Regional Plan allows for certain air discharges as long as there are no effects, including objectional odours, beyond the boundary of the subject property.  

• Rule 6.1.8 - Standard permitted activity conditions for discharges to air

Waikato Regional Plan

The Waikato Regional Plan has specific rules for effluent discharges in the Lake Taupō catchment.

• Permitted Rule 3.10.5.10 – Nitrogen, effluent, and fertiliser discharges

Resource Management (Stock Exclusion) Regulations 2020

The Stock Exclusion Regulations require stock to be excluded from certain waterways, and set minimum setback distances and crossing requirements.

• Regulation 8 - Exclusion of stock from lake or wide river includes 3-metre setback
• Regulation 9 - Dairy cattle on any terrain

Storage capacity

Your effluent storage facility should be correctly sized for your individual farm system and management. Having adequate storage means:

• You can defer irrigation in wet weather when soil conditions are unsuitable to irrigate.
• You lower the risk of effluent ponding, runoff and leaching to groundwater in wet weather.
• You have the ability to irrigate effluent when plant uptake is maximised.
• You can store effluent during mechanical breakdown.
• You can defer irrigation during busy times, such as calving.

Storage bladders

Ensure effluent storage bladders are fit for purpose and installed and operated in accordance with the manufacturer's recommendations and warranty. Monitor effluent levels regularly and maintain effective solids management. Consider using a level monitoring system and a containment bund around the bladder.

Reduce inputs to your effluent storage facility

• Divert rainwater from the farm dairy catchment areas before it reaches the effluent system.
• Reduce effluent volume with efficient wash down practices in the farm dairy shed or feed pad. Consider whether wash down is required after every milking. Can a feed pad be scraped instead of washed?
• Consider using a greenwash system.

Sealing

It is important that effluent storage facilities meet the sealing standard specified in the Waikato Regional Plan rules. There are a variety of different storage options that require certification and re-certification at various timeframes.

Dairy industry best practice and the council both recommend the use of synthetically lined effluent storage ponds.The environmental risk from a clay lined or earthen pond is much higher than for a synthetically lined pond and therefore more regular testing is required to confirm it remains sealed to the required standard, especially as the pond ages. Dairy industry best practice recommends the sealing standards of clay lined or earthen effluent ponds are re-tested every five years and, as the regulator, council is guided by this.

Advice and design for effluent systems

Any plan to upgrade or improve your farm effluent system should consider future proofing and fail-safe measures to ensure compliance with the relevant rules and regulations at all times.

The dairy industry has agreed on what constitutes a good effluent system and has set out the required level of design.There are online tools and resources available to help your system meet requirements. The Dairy Effluent Storage Calculator (DESC) is an excellent tool for determining the volume of storage required for your farm dairy effluent system. The IPENZ Practice Note 21 provides good practice guidance on the design and construction of ponds. The calculator, practice note and further information regarding effluent storage ponds and testing/certifying the pond sealing are all on the DairyNZ website

Waikato Regional Council strongly recommends the use of accredited effluent system designers and WoF assessors for advice, help and calculations in the design and build of compliant systems, and suggestions on where system efficiencies can be improved.

Expand your effluent irrigation area

Increasing your effluent application area can help you:

• Spread nutrients further, reducing fertiliser requirements and associated costs.
• Slow the build-up of potassium in effluent paddocks which can lead to animal health problems.
• Have more flexibility in grazing around effluent applications and safer withholding periods prior to grazing.

Effluent irrigation practices

• Check irrigator performance by measuring application depth and application rate. . A bucket test can help determine these measurements and assess irrigator performance.
• Ensure the effluent pump is appropriately sized for the irrigation area.
• Adjust irrigator speed and application rates to maximise pasture uptake and avoid ponding or runoff.
• Have sufficient effluent storage so effluent can be applied at appropriate times.
• Avoid irrigating over wetlands, waterways and farm drains. Maintain appropriate setback distances (at least 20m). 
• Ensure spray drift does not enter waterways.
• Apply effluent evenly on flatter areas that are less susceptible to runoff.
• Take extra care when irrigating hump-and-hollow paddocks, as they present an increased risk of ponding and runoff to surface drains.
• Cover water troughs during effluent irrigation.
• Ensure appropriate fail-safe and monitoring mechanisms are installed on irrigators and pumps.

• Agree on application rates, application depths and responsibilities before spreading begins.
• Identify risk areas and setback distances, and monitor the work carried out on your farm.
• Consider spreading on paddocks that have not previously had effluent applied.
• Book contractors early to reduce pond levels. Don't wait until it becomes an emergency. 
• If effluent needs spreading between contractor visits, consider installing a low-rate effluent irrigation system.
• Have a contingency plan in place in case of delays.

Feedlots

Feedlots are areas where cattle are kept for at least 80 days in any six-month period and are fed exclusively by hand or machine. All feedlots require resource consent under the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F).

Stock holding areas

Stock holding areas include feed pads, standoff pads, loafing pads and wintering pads, but exclude feedlots. Ensure that these areas meet the standards set out by the NES-F and Waikato Regional Plan permitted activity rule 3.5.5.2, or alternatively you will need a resource consent.

Regulations 12 and 13 of the NES-F outline the permitted activity conditions for stockholding areas and can be found in full here.

A link to the stock holding guidance document from the Ministry for the Environment can be found here.

The stock holding area or effluent from it, must not create any odour or discharge outside your property boundary as per Waikato Regional Plan permitted activity rule 6.1.8

The following considerations and practices apply across all aspects of effluent management on your farm:

• Understand how soil drainage characteristics, landscape contours, and climate can affect effluent management on your farm.
• Regularly maintain irrigators, pumps, and pipework
• Ensure all staff involved in effluent management receive appropriate training, and inlude relevant procedures in your EMP.
• Have contingency plans in place for breakdowns, power outages, and significant weather events.
• Consider any relevant district or local council rules and setback requirements.
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• There are no current Waikato Regional Council rules for a required size or number-of-days of storage. However, there must be sufficient storage so that the storage facility never overflows, and so that irrigation can be deferred when the soil is saturated. You may not irrigate to saturated soil because it is likely to result in ponding or run off.
• All stored dairy effluent must be contained on/within a sealed surface that restricts the seepage of effluent contaminants into ground or surface water. Issues do not arise just at the dairy shed, wherever effluent is concentrated or stockpiled there can be contamination of water. Feed pad or stand-off pad effluent must be contained and spread appropriately. This requirement also includes effluent sludge removed from ponds, sand traps and other holding facilities.

See Rules and regulations and Recommended effluent management practices on this page for more detailed information and helpful links.

• Effluent storage must be sufficient to allow for deferred irrigation when weather/soil conditions are unsuitable, and in the event of any unforeseen circumstances.
  
  The size of storage required is unique to each farm and is influenced by several factors. These include the local rainfall and evapotranspiration rates, topography and soils, catchment and herd sizes and nutrient loading rates. It is also influenced by how the farm chooses to manage effluent and water to fit with other aspects, such as calving, available labour and power supplies.
• Storage can be calculated using Dairy NZ's Dairy Effluent Storage Calculator (DESC). WRC recommends using an accredited designer or dairy effluent WoF assessor to calculate specific storage requirements to meet individual farm circumstances.
• It is important to remember that even if a system has sufficient storage, it needs to be managed appropriately to ensure compliance. If there are changes in the way in which the farm operates, storage may need to be increased or managed differently.

 See Recommended effluent management practices on this page for more detailed information and helpful links.

• Possibly – some effluent storage ponds are very large, requiring extensive earthworks to both construct the dam and to clay line the impoundment (where required). Consents may be required by the regional council for the construction earthworks, the damming and diversion of existing watercourses depending on the scale, nature and location of the impoundment and associated earthworks.
• Even if no consents are required, appropriate erosion and sediment controls must be installed and maintained for all earthworks to be a permitted activity.
• If the maximum potential (at dam crest level) exceeds 20,000 m³ and 3 m depth, then a building consent is also required from WRC. Consent requirements in relation to earthworks, damming and diversion are very site and project specific and you should always seek specific written advice from WRC at the earliest possible stage when planning your effluent storage pond.
• You may also need to meet additional requirements from your district council so you should consult with them before constructing any effluent pond or tank.

Waikato Regional Council compliance staff are not technical specialists in effluent system design or construction and therefore cannot provide specific technical design advice. They are skilled in assessing the system for non-compliance and will be able to tell you if your system is compliant at the time of the inspection. Dairy companies and DairyNZ are also key drivers in industry standards so can provide some on farm services and access to advice. There are also a number of accredited industry professionals who provide on farm advice around effluent systems.

Diverting rainwater from the effluent system can help reduce the amount of storage required and the volume of effluent to manage. Options to consider are:

• Gutter and divert existing roof catchment areas.
• Consider diverting stormwater off the dairy yard and/or feed pad. However, only clean water can be diverted so you must ensure that these catchment areas are free of farm animal effluent before the diversion is opened.
• Use cambers and cross drains to divert rainwater off raceways to prevent it collecting in yards.
• There are also opportunities to make use of rainwater in other aspects of the farm system. DairyNZ have developed a guidance book ‘Smart Water Use In The Farm Dairy’ (see the link on this page).
• Any stormwater diversion installed should have procedures and fail safes in place to prevent contaminated stormwater being discharged.

 See Recommended effluent management practices on this page for more detailed information and helpful links.

• The Waikato Regional Plan rules do not specify where an effluent storage system should be located, however there are rules that specify that any odour associated with effluent must not cause an adverse effect beyond the property boundary.
• The dairy company you supply to will have rules around where effluent storage systems should be located, in relation to the dairy shed.
• Consideration should also be given to the placement of effluent storage facilities relative to surface waterbodies.
• District councils and the NZ Food Safety Authority have some specific rules relating to the distance of facilities from certain features. It is important that you confirm these setback requirements before commencing construction. You may wish to refer to the Farm Dairy Effluent (FDE) Design Standards and Code of Practice (see link on this page). This document provides best practice industry guidelines on setback distances. 

See Recommended effluent management practices on this page for more detailed information and helpful links.

• If the infrastructure provided to farm staff/farm managers is inadequate to manage the effluent, and a breach of the rules occurs, then the owner of the property is more likely to be liable. It is the owner’s responsibility to provide compliant infrastructure. It is the farm staffs’ responsibility to inform the owner of compliance issues with infrastructure, that may need repairing, upgrading or replacing. It is sensible to make a note in a diary or keep a record of what the owner has been told and when. However, it is still the staff members responsibility to take all possible steps to prevent non-compliance occurring. When starting work on a new farm either as the owner, share milker or as a staff member, it is important to assess the effluent system and be confident that it is fit for purpose. If the system is not compliant with relevant rules and regulations, then any person working with that system has the potential to be held accountable or any non-compliance.
• Waikato Regional Council recognises that it may take time to upgrade farm effluent systems and that breakdowns do occur from time to time, however forward planning and careful management of farm effluent systems should enable you to plan for and mitigate most adverse effects.

• Waikato Regional Council staff are not qualified to audit the design of an effluent system and confirm whether or not it will meet regulations. As the regulator, Waikato Regional Council is able to offer advice on compliance related matters and will direct farmers to appropriate industry professionals for specific advice on farm effluent system design and management practices from independent accredited effluent consultants and designers, dairy supply companies, DairyNZ, and other dairy industry organisations.
• Waikato Regional Council compliance inspections look at whether an effluent system is compliant with relevant rules at the time of the inspection. Factors such as climatic conditions (for example prolonged wet weather), a change to the farm system (for example an increase in cow numbers or introducing a feed pad), or mismanagement of the system may result in the farm being non-compliant. Where it is established that an aspect of your farm effluent system is not compliant, or there is an on-going risk of non-compliance, Waikato Regional Council will draw your attention to this fact and may direct you to make improvements.