Certified Environmental Practitioner (CENVP) Establishment of Specialist Certification Category Contaminated Land Assessment Specialist Strategy Paper Prepared by: The NES Working Group (a technical working group for the Contaminated Land Management Sector Group) Waste Management Institute New Zealand Establishment of Contaminated Land Assessment Specialist Certification February 2014 Contents 1. Specialist Certification .................................................................................................................... 1 1.1. 2. 3. Background and Motivation ........................................................................................................... 1 2.1. The CLA Practitioner ........................................................................................................... 1 2.2. Development of Contaminated Land Assessment Specialist Certification ........................ 4 Criteria ............................................................................................................................................ 5 3.1. Contaminated Land Assessment Requirements ................................................................ 5 3.2. CEnvP Contaminated Land Assessment Specialist Requirements ..................................... 6 3.3. 4. 5. 3.2.1. Professional Experience ...................................................................................... 6 3.2.2. Professional Competency ................................................................................... 7 3.2.3. Interpersonal skills .............................................................................................. 8 Continued Professional Development................................................................................ 8 Assessment Process ...................................................................................................................... 98 4.1. CLA Procedure .................................................................................................................... 9 4.2. Applications ........................................................................................................................ 9 4.3. CLA Specialist Certification Assessment Panels ............................................................... 10 4.4. Post-Nominal CEnvP Designation ..................................................................................... 11 Fee Structure ................................................................................................................................. 11 5.1. 5.2. 6. Introduction ........................................................................................................................ 1 Applications ...................................................................................................................... 11 5.1.1. Existing CEnvP Applying for CLA Specialist Certification ................................... 11 5.1.2. New CEnvP CLA Specialist Applicants ............................................................... 11 Renewal Fee ..................................................................................................................... 11 Continued Professional Development .......................................................................................... 11 Appendix A: New Zealand Working Group .......................................................................................... 13 Appendix B: Organisational Structure.................................................................................................. 16 ii Establishment of Contaminated Land Assessment Specialist Certification 1. February 2014 Specialist Certification 1.1. Introduction The Certified Environmental Practitioner (CEnvP) Scheme has established two specialist certification categories to recognise specialist areas of practice in the environmental sector requiring unique expertise and competency requirements; Ecology and Impact Assessment. The purpose of this Strategy Paper is to propose and outline the motivating factors, criteria and pathway for a third specialist certification under the CEnvP Scheme; Contaminated Land Assessment (CLA) Specialist Certification. This paper is written around a desire for specialist certification in New Zealand, but apart from a particular regulatory motivation in New Zealand for which the proposed CEnvP CLA Specialist would provide a means (but not exclusive means) of demonstrating competence, the general reasons for CLA Specialist Certification are common to both Australia and New Zealand. Stripped down to its essentials, contaminated land assessment and subsequent contaminated land management is the process of: Estimating the degree of contamination of a site, typically through sampling and laboratory analysis, but at the simpler end of the spectrum, through desktop studies and expert judgement; Determining what human or environmental receptors could be exposed to the contaminants (establishing the conceptual site model); Determining to what degree such receptors are exposed and therefore what risk might be posed to the wellbeing of the receptors; Establishing what remedial or management actions, if any, are necessary; Implementing the necessary actions, including obtaining the necessary approvals; and Documenting the various stages. Each of these stages may have multiple steps and be more or less complex depending on the investigation objectives, the site circumstances, the type of contamination, who or what might be exposed and the complexity and requirements of the regulatory regime. The complexities, and the required level of skill, have tended to get greater with time, as the community has demanded greater transparency and higher standards. 2. Background and Motivation 2.1. The CLA Practitioner It is helpful to consider the general competencies required of a CLA practitioner. The following is taken from the introduction of Schedule B9 of the 2013 amendment 1 Establishment of Contaminated Land Assessment Specialist Certification February 2014 to the National Environment Protection (Assessment of Site Contamination) Measure 19991 (ASC NEPM), an Australian legislative instrument, the ideas in which are equally applicable to New Zealand. The assessment of contaminated sites is a specialised professional area involving a number of disciplines. Practitioners must have a range of competencies and be able to recognise the need for supporting professional advice beyond their own expertise when assessing contamination and its effects on land use and the environment. The extent to which these competencies are required varies with the level and nature of work being carried out by the professional. For example, the professional may be operating as an accredited auditor2, a third-party reviewer, a specialist professional certifying work under statute or an environmental consultant involved in carrying out contaminated site assessments. The complexity of contamination issues will vary on individual sites from a single known contaminant with limited site distribution to sites with multiple contaminants of unknown vertical and lateral spread, off-site impacts and obvious human health and environmental risks. Professional assessments of site contamination deal with health and environmental issues of concern to landowners, occupiers, regulators, local government, planning authorities and the public. These assessments are required by regulatory and planning authorities for the management of contaminated land and in development approval processes. This description makes it clear that a CLA practitioner must have the ability to draw together knowledge from a variety of sources and disciplines. We are not aware of any specialist CLA tertiary qualifications in New Zealand or Australia – at best there are individual papers as part of other degrees. A practitioner therefore typically starts with one of the tertiary qualifications common in the industry such as civil, environmental or chemical engineering, chemistry, earth sciences (including geology, physical geography or soil science), hydrogeology, environmental science and toxicology. The new graduate then learns on the job and through short courses the additional cross-disciplinary skills necessary to be a competent practitioner, able to carry out and project manage “typical” projects. We National Environment Protection (Assessment of Site Contamination) Measure 1999 (April 2013), NEPC 2013, Canberra. 1 2 There is no accredited auditor system in New Zealand and no government intention of developing one. In Australia, CLA Specialist Certification may assist in gaining accredited auditor status within particular state jurisdictions, depending on the requirements of the legislation under which the auditor schemes operate. 2 Establishment of Contaminated Land Assessment Specialist Certification February 2014 believe it takes five to eight years of continuous CLA experience, including field, data interpretation, reporting and project management experience, to become reasonably competent to manage commonly encountered projects. At a higher level, the CLA “expert” practitioner is capable of such things as coordinating and interpreting inputs from individual specialisations, such as numerical modellers, hydrogeologists, environmental chemists and toxicologist; acting as an independent expert in court; acting as an independent reviewer; and acting in a regulatory certification or auditing role. This requires a specialist level of knowledge that we believe would be acquired only after at least ten years of CLA experience (post-graduation). It is this sort of person that CLA Specialist Certification would be aimed at. The desire for establishing a CLA Specialist Certification is particularly motivated in New Zealand by the requirements of the National Environmental Standard for Assessing and Managing Contaminants in Soil for the Protection of Human Health3 (hereafter referred to as the NES) that came into force in January 2012. One of the requirements of the NES is for site contamination reports to be certified (signed off) by a “suitably qualified and experienced practitioner” (SQEP). The regulation does not articulate what level of competency a SQEP should have, although non-statutory guidance is provided in the NES Users' Guide4. That Guide suggests a relevant degree and a minimum of 10 years CLA experience. Ultimately, it is at the complete discretion of the particular regulatory authority administering the NES (the relevant district or city council) on whether it accepts a report and therefore accepts the competence of the person who has certified the report. The lack of a good definition has caused disquiet within the regulatory community and also within the CLA industry, because selection and approval of SQEPs can be subjective, which may not serve the industry or the wider public well. Local Government New Zealand (representing the interests of local government agencies in New Zealand) sought legal opinion from Simpson Grierson5 regarding liabilities of councils with respect to the NES. In this legal opinion Simpson Grierson offer the opinion that the identification of “suitably qualified and experienced practitioners” is an area of risk for councils, and that “ideally, New Zealand would have an accreditation or auditing scheme for contaminated sites within New Zealand” to enable councils to exercise their discretion in an informed manner. Therefore, a certification scheme is likely to be recognised and supported by local government in New Zealand. 3 Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil for the Protection of Human Health) Regulations 2011, New Zealand Government, http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html 4 Users' Guide: National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health, Ministry for the Environment, Wellington, April 2012. https://www.mfe.govt.nz/publications/rma/users-guide-nes-for-assessing-managing-contaminants-in-soil/ 5 Council liability under the National Environmental Standards for assessing and managing contaminants in soil to protect human health. Letter to Local Government New Zealand, Simpson Grierson, Wellington, 20 February 2013. 3 Establishment of Contaminated Land Assessment Specialist Certification February 2014 The introduction of CLA Specialist Certification will serve as one means of defining the competency requirements of a SQEP and allows professionals operating in this area of work to have their competency independently verified. It will also provide assurance to regulators that a CEnvP CLA Specialist has the competency required by the regulations. However, there is no intention to equate CEnvP CLA Specialist certification with the regulatory SQEP; a council will still be free to choose to accept as competent some other practitioner using whatever process it chooses to follow. We are not aware of regulatory drivers currently existing in Australia for routine certification of CLA professionals. However, CEnvP CLA Specialist certification may assist a practitioner to gain accredited auditor status under one of the state contaminated land auditor schemes, although this will depend on the detail of the specific scheme. As a means of demonstrating competence, however, CLA Specialist certification is consistent with the concepts set out in Schedule B9 of the ASC NEPM. In particular, with respect to the higher skills required of auditors and third party reviewers, the Schedule states (Section 4): Auditors and third-party reviewers must be able to demonstrate that: they have exercised their own professional judgment they have taken appropriate specialised advice when the contamination issue is outside their expertise their opinions have been reached independently in forming those opinions, they have not been unduly influenced by the views or actions of others who may have an interest in the outcome of the review. These requirements not only fit well with the ethical duties required of an ordinary CEnvP, but also require the greater competence expected of a certified specialist. 2.2. Development of Contaminated Land Assessment Specialist Certification The Waste Management Institute New Zealand (WasteMINZ), through the Contaminated Land Management Sector Group, formed an NES Working Group to clarify what a SQEP should be. The NES Working Group has undertaken a significant amount of due diligence and stakeholder engagement in New Zealand on the SQEP requirements. This is described in Appendix A but, in summary, the Working Group obtained a consensus that a SQEP should have: A relevant tertiary degree (or experience equivalent to a degree). A minimum of 10 years professional CLA experience. A commitment to undertake at least 40 hours per year continuing professional development (CPD) (as a weighted sum of different types of activities, the weighting based on the relative complexity and benefit gained). Peer acceptance of competence by senior CLA practitioners (acting as referees and/or certification assessors). A commitment to ethical practice. 4 Establishment of Contaminated Land Assessment Specialist Certification February 2014 It was through this process that the NES Working Group commenced discussion with EIANZ in 2012 and identified the possibility of developing a CEnvP specialist certification. The requirements for the CLA Specialist Certification mirror, and are similar to, the recently established CEnvP Impact Assessment (IA) Specialist certification procedure and requirements. In addition, the proposed requirements are similar to those governing certification of other professionals in New Zealand and Australia, without making the certification too onerous or cumbersome given the range of professional disciplines and varied nature of CLA work. The Working Group arrived at the conclusion that the CEnvP Specialist Certification fulfils all the requirements that the Working group has identified as being necessary. 3. Criteria 3.1. Contaminated Land Assessment Requirements CLA addresses all aspects of contaminated land investigation, assessment, remediation and long-term management. CLA work takes many forms - ranging from simple monitoring events (measuring surface and ground water and in-ground gas contamination levels), Phase 1 assessments (often referred to as Preliminary Site Assessments) establishing site history and likelihood of contamination being present on a property, intrusive Phase 2 assessments (where boreholes are drilled and groundwater monitoring wells are installed) to develop Conceptual Geohydrogeological Models of a site and establish contamination levels through the collection of samples etc., quantitative health and environmental risk assessment, through to remedial design, planning and implementation. Much of the basic work is undertaken at a technician or recent graduate level, with the work planned and supervised by a more experienced practitioner, the equivalent of a normal CEnvP. Such supervising practitioners will have knowledge of standard approaches, but will not have the breadth and depth of knowledge to work at the highest levels. Such skills are only gained through long experience and being exposed to complex projects requiring multidisciplinary approaches. A CEnvP CLA Specialist applicant must first meet the fundamental requirements for CEnvP certification. The standard CEnvP requirements are: An environmental-related degree and evidence thereof.6 Five years of full-time experience in the functional areas of environmental practice during the last 10 years. Nomination by three respected environmental professionals who are willing to act as referees for the candidate. 6 However, a grandparent clause exists where ten years of experience can supplement an environmental qualification. Some environmental qualifications may not meet the fundamental CEnvP environmental qualification requirements depending on the nature of the program and therefore greater experience may be required to demonstrate the necessary competence. 5 Establishment of Contaminated Land Assessment Specialist Certification February 2014 Evidence that the candidate is a respected, competent, ethical and active member of the profession in the form of at least two referee statements (with at least one external report), a detailed curriculum vitae, reports, publications, citations, conference/seminar presentations, etc. Evidence of an ongoing commitment to training and professional improvement, in the order of 50 hours minimum and/or 100 points of training, professional improvement, service to professional practice over a two year period. A signed and witnessed statement of claim covering qualifications, experience, ethics, commitment and the accuracy of the materials provided to the Certification Board. A CEnvP candidate claiming expertise in CLA would be expected to be able to demonstrate knowledge and understanding of: 3.2. The basic framework for contaminated land assessment, including understanding the objectives of different types of investigations. The pathways between contaminated environmental media and receptors at risk, and development of conceptual site models. The nature of contamination typically found on different types of contaminated sites, physical and chemical interactions, impacts posed by contamination with respect to human health, the environment and the built environment.. Design of sampling programmes, application and limitations of investigation techniques for soils, groundwater, surface water, soil gas and building materials. Quality control/quality assurance procedures Evaluation and interpretation of chemical and analytical data, including use of published guidelines. Risk assessment and management; risk communication. A working knowledge of environmental and resource management law within the relevant jurisdiction(s). Knowledge of workplace health and safety and means of ensuring safe work practices. CEnvP Contaminated Land Assessment Specialist Requirements 3.2.1. Professional Experience In order to be eligible for CEnvP CLA Specialist status, an applicant must have 10 years of full-time relevant/related experience in the functional areas of CLA during the last 15 years. At least five of those years must have been in two or more of the following areas: Scoping, design and project management of complex CLA investigations; Site-specific risk assessment; development of risk management or remedial strategies, including preparation of monitoring plans, site management plans and remedial action plans; 6 Establishment of Contaminated Land Assessment Specialist Certification February 2014 Participation in stakeholder engagement and risk communication, including public meetings; Preparation and presenting independent expert evidence in environmental planning or court hearings; Acting as an independent reviewer or auditor (or similar), preferably as part of a statutory process; Contributing to CLA policy development; or Teaching and research in CLA. Notes: A shorter period may be allowed on an exceptional basis where an applicant: Has a higher degree which has a large component of advanced CLA; Can demonstrate that their previous work history has enabled them to develop competencies adaptable to CLA, and that they have acquired a level of proficiency in CLA at least equivalent to that normally obtained by a person with the required work experience; and Meets all other CLA certification criteria. The CLA practitioner will need to be mindful of the Code of Ethics that underpins the CEnvP CLA Specialist accreditation which will assist in ensuring that practitioners stay within their areas of expertise and seek assistance when working outside of their areas of expertise. 3.2.2. Professional Competency Due to the cross-disciplinary nature of CLA work, a CEnvP CLA Specialist employs the ability to apply knowledge and experience in numerous factors when assessing a CLA. The following abilities must be demonstrated by a CLA Specialist in their written application and interview. Competency to lead and integrate multidisciplinary CLA studies at all scales and to look beyond mere regulatory compliance to promote best practice. Methods for scoping and prioritising relevant environmental and health issues, relative importance and investigations required to address them. Thorough knowledge and application of the CLA-related law and other regulatory instruments in the jurisdiction(s) in which the Specialist operates. Thorough knowledge of best practice CLA guidance, including guidance from other jurisdictions. A detailed knowledge of many of the following contaminated land investigation and assessment fundamentals, with an ability to understand when a gap in knowledge exists and knowledge must be sought from elsewhere: o air quality (volatile emissions and dust) assessment relating to contamination; o assessment of impacts on groundwater from contaminated sites; o contaminant fate and transport; o environmental chemistry; o environmental sampling; o environmental and human toxicology; 7 Establishment of Contaminated Land Assessment Specialist Certification 3.2.3. February 2014 o geology and hydrogeology; o human health and ecological risk assessment relating to contamination; o identification of contaminants of concern from past industrial land uses; o remediation technologies and geo-technology; and o soil science. A detailed understanding of the derivation of published guideline values and their limitations, particularly the jurisdiction-specific policy embedded within the values. Site-specific assessment where using published guidelines is not appropriate or does not give the best solutions. Thorough knowledge of contaminated land management techniques available, including institutional management tools, remedial options for soil, groundwater and soil gas, and the environmental impacts of these options. An appreciation of the emerging issues, trends and techniques in CLA nationally and internationally. Knowledge of commercial and contractual issues associated with land redevelopment and land/property transfer as affected by land contamination. Thorough knowledge of health and safety issues, including workplace safety law, associated with conducting CLA related work. Interpersonal Skills Effective and efficient CLA requires robust interpersonal skills across a range of stakeholders, and entails the ability to: 3.3. Demonstrate communication skills required for effective stake holder engagement, collaboration and consultation, including communication of risks, or lack of risks, presented by land contamination. Clearly express complex concepts and ideas, orally and in writing. Develop effective working relationships with stakeholders, including property owners/developers, contractors, consultants, general public, community groups and local and central government regulators. Address conflicting viewpoints of different stakeholders from their own perspectives. Exercise perception and judgment in dealing with complex and sensitive issues. Act ethically. Continued Professional Development A CEnvP CLA Specialist applicant must be currently practising in CLA and have demonstrated active commitment to best practice and continuing professional development (CPD) relating to CLA through readings, publications/presentations, training, mentoring and participation in professional and industry bodies. As noted in Section 6, standard CPD requirements are deemed to be sufficient, in common with the other CEnvP specialisations. 8 Establishment of Contaminated Land Assessment Specialist Certification 4. February 2014 Assessment Process CLA Specialist Certification under CEnvP requires a level of experience and expertise beyond standard CEnvP certification, including a minimum of 10 years professional work over a 15 year period. The criteria are addressed primarily by written eligibility. For those who appear eligible to apply, an interview process takes place to confirm eligibility. The candidate is then expected to maintain their skills through CPD. The application process and requirements assess whether a contaminated land assessment practitioner holds the required valued traits, competencies and knowledge. 4.1. CLA Procedure 4.1.1. 4.1.2. 4.1.3. 4.1.4. 4.1.5. 4.1.6. 4.2. All applications are received by the Program Manager during twice yearly intakes, who processes payments, digitises records and information into the system, and forwards applications to the Registrar and CLA Specialist Certification Committee for screening. If an application is incomplete, the Registrar coordinates with the applicant that all requirements are fulfilled. Once an application is complete, the CLA Specialist Certification Committee’s Panel Convener convenes a CLA Specialist Assessment Panel to interview the applicant. The interview should be conducted face-to-face, however it may be carried out by Skype or phone conference if an in-person meeting is not feasible. Upon completion of the interview, the CLA Specialist Assessment Panel then summaries the interview, makes a recommendation and sends the report to the Program Manager for digitisation. The Program Manager then forwards the Assessment Panel Report to two Board Application Ratification Committee (BARC) members (who cannot sit on applicant panels nor act as a referee for the applicant in consideration), who then review the report and make a recommendation based on the results of the interview and the applicant’s demonstrated professional and ethical competency. The Board is then sent assessment results for support of BARC recommendations. Applications with uncertain BARC or Panel recommendations should be addressed by the CEnvP Board. The Program Manager then notifies the applicant of the result of his or her application and updates the system with the applicant’s status. Applications 4.2.1. Both existing and new CEnvP CLA Specialist applicants must submit the following documentation: 1. 2. 3. Application page: name, contact information, company, CLA areas of expertise, payment details. Education details and certified copies of qualifications: degrees and IA specific continued education/qualifications. Ethical Conduct form: standard CEnvP form. 9 Establishment of Contaminated Land Assessment Specialist Certification February 2014 4. 5. 6. 7. 4.2.2. 4.2.3. 4.2.4. 4.3. Code of Ethics form: standard CEnvP form. Commitment to CPD form: standard CEnvP form. Detailed Curriculum Vitae. Work verification statement from present and past employers verifying at minimum the past 10 years of CLA professional level experience: standard CEnvP form with CLA work verification statement added. 8. A minimum of five documents required to demonstrate the required professional capability listed in Section 3 above to be produced at interview (or in electronic form prior to a video conference interview). The documents should cover at least the three most recent years of the 10 years of CLA professional practice. 9. Two referee testimonies specific to CLA work from a client, peer or employer (with no more than one from an employer or colleague in the same organisation). 10. Statutory declaration. Applicants must meet and display the professional and ethical proficiencies outlined in Section 2 above through a series of CLA specific ethical scenario questions and discussion of CLA relevant professional experience. Existing CEnvPs applying for Impact Assessment Specialist certification must display professional competency meeting the criteria for CLA Specialists. New CEnvP applicants simultaneously applying for CLA Specialist certification must also address the ethical scenario questions and discussion points covered in standard CEnvP assessment interviews. A practitioner applying for both standard CEnvP and CLA Specialist Certification must be deemed eligible by the Panel for standard CEnvP certification before being assessed for CLA Specialist certification eligibility. Should a Panel recommend standard CEnvP certification but deferral of CLA Specialist certification, its findings must be detailed in the Panel Report for further consideration. A new CEnvP applicant cannot be recommended for Specialist certification but deferred Standard CEnvP certification. CLA Specialist Certification Assessment Panels 4.3.1. 4.3.2. 4.3.3. CLA Specialist Certification Assessment Panels are made of at least two CEnvP CLA Specialists appointed by the Divisional Convener each intake. If two CEnvP CLA Specialists are not available, non-CEnvP practitioners with equivalent CLA related professional experience may be appointed by the CLA Specialist Certification Committee to assist at least two CEnvPs in the assessment of applicants. A CLA Specialist Assessment Panel may have as many as four panelists in a situation where only standard CEnvPs are available and two outside specialist CLA practitioners must be recruited. CLA Specialist Certification Committee members can partake in a CLA Specialist applicant’s assessment panel, so long as they are not a referee for the candidate or acting as a BARC Member for the applications’ ratification. 10 Establishment of Contaminated Land Assessment Specialist Certification 4.3.4. 4.4. February 2014 As a transitional arrangement, non-CEnvP CLA specialists will need to be appointed to panels. In New Zealand, at least two CEnvPs exist with experience equivalent to a CEnvP CLA Specialist. Other practitioners with sufficient experience to be CEnvP CLA Specialists are expected to apply for CEnvP and CLA Specialist certification at the earliest opportunity with the expectation that these people would be available as panel members. Similarly experienced practitioners, both CEnvP and non-CEnvP exist in Australia. Post-Nominal CEnvP Designation Upon initial certification as a CEnvP, the additional qualification of Certified Environmental Practitioner Contaminated Land Assessment Specialist, or “CEnvP (CLA Specialist)”, will follow a professional’s name, denoting a peer recognised level of ethical and professional competency in CLA. 5. Fee Structure 5.1. 5.2. Applications 5.1.1. Existing CEnvP Applying for CLA Specialist Certification For an existing CEnvP, a one-time non-refundable CEnvP CLA Specialist certification application fee of AUD $130 applies, regardless of EIANZ membership, and is due upon application submission in order for a candidate’s application to be considered. 5.1.2. New CEnvP CLA Specialist Applicants Applicants applying for both standard CEnvP and IA Specialist certification are required to pay the one-time, non-refundable CEnvP application fee as is currently set for other specialist certification, i.e.: Standard Applicant A$390 + A$130 = A$520 EIANZ Member Applicant A$260 + A$130 = A$390 EIANZ Fellow Applicant A$125 + A$130 = A$255 Renewal Fee An annual IA Specialist certification renewal fee of AUD $95 applies, in addition to the standard CEnvP renewal fee7, and is due at the start of each year. 6. Continued Professional Development Standard CEnvP Continued Professional Development requirements apply (see CPD log – http://www.cenvp.org/downloads/CPDLog2011.xls), which require that a CEnvP completes no 7 Current CEnvP Annual fees: Standard AUD $300; EIANZ Member AUD $205; EIANZ Fellow AUD $125 11 Establishment of Contaminated Land Assessment Specialist Certification February 2014 fewer than 100 points of CPD over two years, as set out in the CEnvP CPD log form. For activities that equate to one point per hour this is the equivalent of an average 50 hours CPD per year. In addition, in common with other CEnvP specialist certification, at least 50 percent of CPD must consist of activities that directly contribute to the CLA field’s higher level processes, policy and strategy. 12 Establishment of Contaminated Land Assessment Specialist Certification February 2014 Appendix A: New Zealand Working Group WasteMINZ8 is the largest representative body of the waste and resource recovery sector in New Zealand. Formed in 1989, it is a membership-based organisation with over 1,000 members – from small operators through to councils and large companies. As the authoritative voice on waste and resource recovery in New Zealand, WasteMINZ seeks to achieve ongoing and positive development of the industry through strengthening relationships, facilitating collaboration, knowledge sharing and championing the implementation of best practice standards. WasteMINZ has supported the contaminated land assessment industry for at least 15 years to the extent that it has become the “home” of the industry, providing one of the main forums for debate of contaminated land matters in New Zealand. WasteMINZ’ annual conference and dedicated workshops have provided opportunities for continuing education, a forum for government and local authority regulators to provide policy, guideline and regulatory updates, and for practitioners, regulators and clients to network, exchange technical information and learn from each other. More recently, the Australasian Land and Groundwater Association (ALGA) has become active in New Zealand. WasteMINZ has a number of special interest “sector groups”, one of which is the Contaminated Land Management Sector Group. This group has a steering committee consisting of senior practitioners, regulators and owner representatives. From time-to-time working groups are formed by the Sector Group to examine particular issues of relevance to the CLA industry. In the absence of a statutory definition of “a suitably qualified and experienced practitioner” (SQEP) in the Contaminated Land National Environmental Standard (the NES), a working group consisting of senior practitioners and regulators was formed to develop an industry consensus. One of the working group members is also active in ALGA. The motivation for the working group is that the NES requires certain reports to be certified by a SQEP. Regulators responsible for the NES (district and city councils) have adopted a variety of approaches. It was recognised early in the group’s deliberations that a certification scheme would provide a means of demonstrating competence at the level required of a SQEP. Such certification would require: A minimum level of qualification and experience. A commitment to continuing education. A commitment to ethical behaviour via a Code of Ethics. Provide a means of having complaints heard and applicants would be certified through being assessed by senior peers, who are best placed to set the standards for the industry. Councils could then utilise such certification to decide whether the certifier of a report had the desired competence. 8 See http://www.wasteminz.org.nz/ 13 Establishment of Contaminated Land Assessment Specialist Certification February 2014 It was also recognised early that, for a variety of reasons, developing a new certification scheme would be too difficult. A major difficulty was the lack of time and resources needed to develop a certification framework and set up an independent body (not an industry body) to implement such a scheme within what is a relatively small industry, with practitioners coming from diverse technical and professional backgrounds. The non-statutory Users' Guide to the NES published by the New Zealand Ministry for the Environment acknowledged that existing certification schemes, including CEnvP, could be suitable. The Users' Guide further suggested that: The practitioner is essentially an expert in some specific and relevant fields and an expert in drawing together multidisciplinary inputs and drawing conclusions. The person is independent, applies good professional practice, and reports against contaminated land and industry guidelines. ... For example, it would be someone who could ultimately stand in the Environment Court and provide expert testimony, and whose experience and qualifications stand up to court scrutiny. The person certifying the report on behalf of their company would be expected to be a principal scientist/engineer with a relevant tertiary education and with at least 10 years of related experience. Ideally the certifier would belong to a recognised professional body that assesses and certifies environmental professionals in competency criteria of training, experience, professional conduct and ethical behaviour ... Given CEnvP has already been acknowledged as a scheme that considers these attributes, but noting the greater desired length of professional practice suggested in the NES Users' Guide, the group determined that the CEnvP Specialist Certification would provide the necessary level of rigour. Ultimately, the particular regulatory jurisdictions which administer the NES regulations have absolute discretion on who they accept reports from, but the WasteMINZ Contaminated Land Management Sector Group intends to work with the regulators to publicise and gain acceptance of the CEnvP Specialist Certification. The Specialist Certification also fits nicely with the recommendations of Schedule B9 of the 2013 Amendment of the Assessment of Site Contamination NEPM 1999 within Australia. Again, it will be up to each regulatory jurisdiction in Australia whether to accept a CEnvP CLA Specialist as meeting its particular regulatory requirements. The Working Group developed the hierarchy set out in the following table for contaminated land personnel operating at various levels. A CEnvP CLA Specialist is aimed at only the highest level of practice (the certifying SQEP). This proposed hierarchy has been developed and consulted on through WasteMINZ’ NES workshops associated with the 2012 and 2013 annual conferences, articles in WasteMINZ’ publications and consultation with Local Government New Zealand, which represents the interests of local government in New Zealand, and the New Zealand Ministry for the Environment. 14 Establishment of Contaminated Land Assessment Specialist Certification February 2014 Figure 1: Contaminated Land Personnel Hierarchy Practitioner Level Contaminated Land Technician (Fieldwork) (Note this category is a recommendation under the NES Users' Guide - but it is not necessary to have certification) Required Qualification/Experience (1) Five years relevant experience working under guidance of a Contaminated Land Specialist (grandparenting clause for existing field technicians) OR (2) Tertiary science or engineering qualification relevant to environmental assessment that required the equivalent of at least three years full time study Contaminated Land Practitioner (Project Management Desk-Top Assessment) (Note this category is a recommendation under the NES Users Guide, and could be demonstrated by the ordinary CEnvP certification but is not a proposed category under the CEnvP CLA Specialist certification scheme) Contaminated Land Specialist (the “suitably qualified and experienced practitioner” required to sign off reports under the NES) (This is a proposed category under the certification scheme) (2) above AND (3) Three years contaminated land assessment experience in last five years; AND (4) Continuing professional development 20 hours per year contaminated site related (2) and (3) above; AND (5) 10 years relevant post graduate environmental experience; AND (6) Continuing professional development at least 40 hours per year contaminated site related; AND (7) Peer recognition: 3 Contaminated Land Specialist references as to suitability and relevance of qualification and experience; AND (8) Committed to operate in accordance with a code of ethics for environmental practitioners 15 Establishment of Contaminated Land Assessment Specialist Certification February 2014 Appendix B: Organisational Structure Contaminated Land Assessment Specialist Certification will be undertaken using the existing CEnvP organisational structure: • The CEnvP Board is the Scheme’s highest body, which directs and supervises Program initiatives, establishes policies and objectives and approves budget and yearly plans, giving direction to the Program’s high level processes and initiatives. • The Board Application Ratification Committee, or BARC, is appointed by the CEnvP Board. It reviews the Assessment Panel Report results and makes a recommendation to the Board. The BARC helps to establish consistency across the CEnvP Assessment Panels. • The Program Manager/Administrator carries out all the daily administrative tasks, acts as the primary contact of the Program and assists in the maintenance of stakeholder relationships. This includes, amongst other tasks, bookkeeping, membership maintenance, website management, marketing initiatives, general administrative tasks, Board assistance, and cooperation with the Registrar. • The Registrar assures quality of applicant document submissions and supervises the fulfilment of application requirements before an applicant can be interviewed. The Registrar liaises with the Board, Program Manager/Administrator and divisional and specialist committees on applicant requirements and assessments, as well as coordinates applicant progress. All correspondence should include the Program Manager. The following additional structures will be adapted to facilitate Contaminated Land Assessment Specialist Certification as follows: • The CLA Specialist Certification Committee assists in assembling CLA Specialist Assessment Panels by way of the IA Specialist Assessment Panel Convener and the Board as a Certification Board sub-committee in the IA Specialist certification process. • CEnvP CLA Specialist Assessment Panels are committees appointed by the Divisional Convener of each intake, and are made up of three CEnvP CLA Specialists for candidates applying for both Standard CEnvP and Specialist CLA certification, and one CEnvP and two CEnvP CLA Specialists, or equivalent in professional experience, for current CEnvPs applying for Specialist CLA certification. In the event that three CEnvP CLA Specialists are not available for candidates applying for both Standard CEnvP and Specialist CLA certification, one or more may be replaced by practitioners of equivalent professional experience as decided by the CLA Specialist Certification Committee, but for each non-CEnvP Specialist, an additional CEnvP panel member is to be appointed, to a maximum of two CEnvP supernumeraries to ensure sufficient knowledge of the CEnvP certification scheme on the panel. Assessment Panels review a candidate’s application and carry out a face-to-face interview where possible, but otherwise by Skype or phone conferencing, assessing the applicant’s professional 16 Establishment of Contaminated Land Assessment Specialist Certification February 2014 and ethical competency, reporting its results and certification recommendation to the Registrar and ultimately the CEnvP Board. 17
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