PLANNING & ENVIRONMENT COMMITTEE 8 JULY 2009 REGULATION OF CHARITY CAR WASHING ON ROADWAYS RECOMMENDATION:

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1 341 PLANNING & ENVIRONMENT COMMITTEE 8 JULY REGULATION OF CHARITY CAR WASHING ON ROADWAYS Jacinta Oliver: 18/46/2-104: # RECOMMENDATION: That Council promote healthy waterways and water conservation through the regulation of community car washing activities on roadways and assist community groups through the promotion of alternative fundraising initiatives. INTRODUCTION: Historically, community charity car washing has occurred on state and locally controlled roadways throughout the Cairns Regional Council s boundaries. This activity has never been regulated by Council, although the activity is potentially harmful to the environment and is considered unlawful in accordance with the Environmental Protection Act 1994 (the Act) and Local Law 22 Activities on Roads. Furthermore the activity poses a risk to human life through uncontrolled behaviour of persons in vehicular traffic. Council s Environmental Protection has received numerous complaints from both the building and car washing industries regarding the relaxed enforcement of roadside car washing activities. The building industry is regulated in accordance with the requirements of the Act, with Environmental Protection Officers conducting weekly inspections to ensure prescribed water contaminants such as sediment and chemicals are not released to Council s stormwater drainage system. Furthermore, commercial operators of car washing facilities are required to adhere to strict statutory guidelines in regard to lawful disposal of washdown waters. Operators are required to obtain a trade waste permit to dispose of waste water to Council s sewerage treatment plants, which attracts an annual fee. Presently, Council does not regulate car washing activities undertaken by charity groups however would like to implement a practical and equitable solution to the current situation to work with industry, community and to protect the environment. The report discusses the statutory requirements for charity car washes and the associated release of water contaminants. A solution is sought to work with industry, community and to protect the environment.

2 342 BACKGROUND: Car washing activities undertaken by charity groups along roadways and car parks around Cairns has been occurring for a long period of time without any enforcement by Council. Charity car washes are of concern for the following reasons: Unlawfully release prescribed water contaminates to stormwater; Do not have the required permits to conduct the activity on a roadway in accordance with Local Law 22; Compromises the safety of people washing the vehicles; Does not meet Council s water conservation policy; Opposes state and national government initiatives to protect the Great Barrier Reef lagoon; and Not equitable among the commercial building and car washing industries In January 2009 the Act was revised and now identifies an extensive list of prescribed contaminants that are not permitted to be deposited to waters. Council has the delegated responsibility to regulate prescribed contaminants which include the following: Earth, meaning sand, soil, silt or mud A chemical, or chemical waste containing a chemical Examples biocide, including herbicide, fungicide and pesticide chemical that causes biochemical or chemical oxygen demand chemical toxicant for which guidelines are prescribed in the document Australian and New Zealand guidelines for fresh and marine water quality degreasing agent A substance that has a ph outside the range 6.5 to 8.5 Waste and waste water, generated from outdoor cleaning, including, for example, waste generated from high pressure water blasting of commercial or industrial premises, fuel dispensing areas, plant or equipment, roofs, streets, vehicles and wharves Waste water, including backwash from swimming pools, condensate from compressors, untreated ballast water, water from air-conditioning or cooling systems, water from testing fire sprinklers and waste water from grease traps In previous years, Environmental Protection has administered approximately 2000 water contamination complaints and conducted inspections at all new building sites and subdivisions in the Cairns Regional Council boundaries. In accordance with Local Law 22 Activities on Roads approval is required for the following activities:

3 343 S8 (1) (d) Touting or soliciting for any business, employment or sales on a road; S8 (a) (s) Carrying out works repairs, maintenance, washing, painting or cleaning in relation to a vehicle, vessel To approve car washing activities in accordance with Local law 22, Council must consider whether the activity would adversely affect the amenity of the area and/or the environment. Car washing activities on roadways may not meet this criteria and approval may not be given. Safety of people conducting car washing activities is ultimately the responsibility of the individual, however Council must be mindful that non-regulation of the activity may lead to people being injured. Council s Water and Waste division is currently promoting the efficient use of water resources in the region. Advertising campaigns by Council promote water conservation and the protection of the Great Barrier Reef. Water used at car washing activities is not regulated and in some instances where washing occurs adjacent to Council parks, the water is obtained free from Council s water supplies. Car washing activities do not meet Council s ultimate goals of promoting water conservation in the region. Furthermore the Great Barrier Reef Marine Pak Authority (GBRMPA) is currently campaigning and promoting ways people can improve water quality to protect the Great Barrier Reef Marine Park. In particular, the commercial advertising campaign specifically targets the community to wash their cars on a grassed area, such as their lawn to stop sediment and potentially harmful contaminants entering stormwater drains. In addition to GBRMPA s campaign, the State and Federal governments are conducting a joint initiative known as the Reef Water Quality Protection Plan which is designed to regulate and financially assist the agricultural industry in reducing the amount of fertiliser and sediment run-off into the Great Barrier Reef from farming activities. Commercial car washing businesses are required under the Act to lawfully dispose of all washdown waters from vehicle washing activities. This requires a designated wash bay area to be constructed which must be undercover, located on an impervious surface and waste water to be collected and disposed of through an interceptor (which removes oils and large particles of rubbish) then the water flows to sewer. Additionally, the operator must obtain an annual trade waste permit to dispose of the wastewater to sewer. Environmental Protection Officers have received complaints from commercial car washing operators regarding charity car washing on roadways. Commercial operators have voiced their concerns regarding the inequity of the requirements for business to comply with the Act and not for profit organisations. In addition, they have raised concerns that the financial costs involved for constructing and maintaining vehicle washdown areas is quite significant. The lack of Council regulation of charity car washing activities signifies Council has one standard for commercial activities and a different standard on community car washing activities.

4 344 COMMENT: Environmental Protection has considered the following regulatory options for charity car washing activities: 1. Council providing a mobile washbay facility In December 2008, Environmental Protection prepared and distributed by a brief discussion paper to all Councillor s and the Chief Executive Officer regarding car washing activities, outlining the initial issues with the activity and offering some suggestions for regulation. The general response from the Councillors that responded was that the matter required public education and awareness on environmental matters and a preferred approach of Council was to perhaps supply an inflatable car wash to charity car washing activities. This option would require Council to purchase and maintain a mobile car washing trailer that would contain an inflatable vehicle washbay for the community to use. To effectively operate, the washbay would need to be placed on the ground, inflated and the wastewater pipes connected to Council s sewerage system. This option poses significant internal and external management problems: Internal Council issues: Potentially more than one facility may need to be purchased to ensure accessibility throughout the region Cost of purchasing and maintaining two mobile car washing facilities Determination of which department in Council would be responsible for management, booking and maintenance Storage requirements External issues: Ensuring that the facility is used properly and that it is correctly attached to Council s sewerage system Can only wash one vehicle at a time Losing equipment This option does not address safety, water conservation and government agency issues outlined earlier in this report. Townsville Regional Council and Gold Coast City Council in the past have offered a mobile car washing facility; however they no longer offer this service due to the maintenance and administrative costs.

5 Council provide permanent washbay facility Council construct permanent car wash facilities in several locations throughout the region where the community may hire the use of the facility from Council. The facility would need to be constructed in accordance with the Act, being covered, constructed out of an impervious material (concrete) be bunded and wastewater captured through a separator and disposed through a sewer connection. To be effective and meet the requirements of raising funds, the permanent washbay facilities would need to be located in highly visible places, such as adjacent to a main road. Furthermore to accommodate several groups fund raising at one time, Council would need to construct more than one facility in Cairns and potentially build facilities throughout the region. It is estimated that to construct a permanent washbay facility would be approximately $50,000. This figure does not include maintenance programs or Council s administration costs. The construction of a permanent facility may be perceived negatively by the community as: Opposition to commercial car washing operators An additional expense to ratepayers in an economic downturn Limited appropriate locations Ongoing maintenance costs for the facility. 3. Council stop charity car washing on roadways Stopping car washing activities on roadways would meet the Environmental Protection Act 1994 and Local Law 22 requirements, Council s water conservation policy, appease the commercial car washing and building industries, remove safety concerns and would be commensurate with State and Commonwealth environmental initiatives. A number of Councils across Queensland are ensuring the protection of our waterways and promoting water conservation through the prevention of car washing activities on roadways. The regulation of car washing activities may initially produce a negative response from the community however charity organisations can be advised that there are a number of alternative ways to raise money such as donations, trivia nights, raffles etc. Also, when this matter has been discussed with community groups, most organisers understand that the wastewater from washing vehicles is potentially harmful to the environment and that their activity is having a negative impact. To dissipate negative reactions from community groups, Council could offer the follow support for fundraising by charity groups including, but not limited to:

6 346 Donation of concert or show tickets to be raffled by charity groups; Free use of community halls to conduct fund raising activities: and Reef passes or gifts provided by the Mayor s discretionary fund. Such initiatives could allow community groups to apply to Council on a yearly basis for the donations set aside for charity groups. Successful groups would than be notified yearly in conjunction with Council s grant money awards ceremony. The initiatives would provide an alternative solution for the need to protect the values of our waterways and Great Barrier Reef Marine Park. CONSIDERATIONS: Corporate and Operational Plans: Regulation of car washing activates on roadways meets Council s Corporate Plan Goal number 1 Caring for the Environment, ensuring the natural and built environments are managed and protected in a sustainable manner. Objective 1.9 identifies the commitment to implement relevant legislation and local laws which is required for this activity. The regulation and enforcement of the Environmental Protection Act 1994 and the Local Law 22 is considered in Environmental Assessment operational planning. Statutory: Statutory Requirement Local Law No. 22 Activities on Roads Section S8 Part 4 (s) carrying out work repairs, maintenance, washing, painting or cleaning in relation to a vehicle, vessel, machinery or other thing on a road except minor repairs or services carried out in an emergency for the purpose of enabling the vehicle machinery or other thing to be operated; Penalty Maximum penalty 50 penalty units. (Penalty unit $100)

7 347 Environmental Protection Act 1994 S440ZG Depositing prescribed water contaminants in waters and related matters A person must not (a) unlawfully deposit a prescribed water contaminant (i) in waters; or (ii) in a roadside gutter or stormwater drainage; or (iii) at another place, and in a way, so that the contaminant could reasonably be expected to wash, blow, fall or otherwise move into waters, a roadside gutter or stormwater drainage; or (b) unlawfully release stormwater run-off into waters, a roadside gutter or stormwater drainage that results in the build-up of earth in waters, a roadside gutter or stormwater drainage. S427 Only registered operators may carry out chapter 4 activities (ERA) (1) A person must not carry out a chapter 4 activity, unless the person is a registered operator for the activity or is acting under a registration certificate for the activity. Maximum penalty (a) if the deposit or release is done wilfully 835 penalty units; or (b) otherwise 300 penalty units. (Penalty unit $100) On the spot penalties $2000 for a corporation $1000 for an individual Maximum penalty 400 penalty units. (Penalty unit $100) Policy: Council currently does not have a policy relating to car washing activities on roadways. Should Council chose to stop charity groups from washing vehicles on roadways, Council will be required to adopt a firm policy on residents washing vehicles on driveways and roadways adjacent to their homes. Council may regulate this activity through a complaint process with the option for Council Officers to only issue warnings, not penalties, to encourage people to wash their personal cars on a grassed area or alternatively at a facility designed to wash vehicles. Financial and Risk: Regulating car washing activities would require the implementation of the following: Council correspondence to all community groups, sporting associations advising of policy changes and potential donations from Council; Compliance inspections by Local law and Environmental Protection officers on weekends; and Development of an educational brochure outlining Council s policy. Constructing a permanent wash bay facility is likely to cost at least approximately $50,000. It would be envisioned that more than one facility would be required in the region.

8 348 Sustainability: The regulation of car washing activities on roadways meets the ecologically sustainable development objectives of the Environmental Protection Act 1994 allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends. Furthermore by regulating these activities Council is re-enforcing the state and commonwealth s objectives of sustaining the Great Barrier Reef for future generations. CONSULTATION: Sunshine Coast Regional Council Gold Coast City Council Townsville Regional Council Brisbane City Council Manager Environmental Assessment General Manager Planning and Environment Cairns Regional Council Environmental Sustainability Group OPTIONS: Option 1: Option 2: Option 3: Council provide a temporary mobile washbay facility Council construct a permanent washbay facility Council promote healthy waterways and water conservation through the regulation of contaminants released by charity car washes. In addition, Council assist alternative fundraising initiatives. CONCLUSION: Decisions impacting upon not for profit community groups and sporting organisations which rely heavily upon donations are difficult to make at a time of economic uncertainty. However, offering an alternative funding source, such as donations to these organisations will endeavour to reduce the negative impact of Council stopping car washing activities on roadways. Attention should be drawn to the statutory requirements of the Environmental Protection Act 1994 as prescribed water contaminants have been identified as being extremely harmful to our environment and particularly our waterways. Failure to stop these contaminants entering our waterways has the potential to effect ecosystem health and biological diversity of the Great Barrier Reef.

9 349 ATTACHMENTS: N/A JACINTA OLIVER Environmental Protection Officer LAURIE PHIPPS Manager, Environmental Assessment