WHAT IS THE GREAT LAKES WATER QUALITY AGREEMENT?
The Agreement, first signed in 1972 and renewed in 1978, expresses the commitment
of each country to restore and maintain the chemical, physical and biological
integrity of the Great Lakes Basin Ecosystem and includes a number of objectives
and guidelines to achieve these goals. It reaffirms the rights and obligation
of Canada and the United States under the Boundary Waters Treaty and has become
a major focus of Commission activity.
In 1987, a Protocol was signed amending the 1978 Agreement. The amendments
aim to strengthen the programs, practices and technology described in the 1978
Agreement and to increase accountability for their implementation. Timetables
are set for implementation of specific programs.
The Parties will meet biennially to discuss progress and report periodically
to the Commission. New annexes address atmospheric deposition of toxic pollutants,
contaminated sediments, groundwater, and nonpoint sources of pollution. Annexes
are also added to incorporate the development and implementation of remedial action
plans for Areas of Concern and lakewide management plans to control critical pollutants.
The Commission monitors and assesses progress under the Agreement and advises
Governments on matters related to the quality of the boundary waters of the Great
Lakes system. The Agreement also calls upon the Commission to assist the Governments
with joint programs under the Agreement, and provides for two binational boards
-- the Great Lakes Water Quality Board and the Great Lakes Science Advisory Board
-- to advise the Commission.
Revised
Great Lakes Water Quality Agreement of 1978
Agreement, with Annexes and Terms of Reference, between the United States
and Canada signed at Ottawa November 22, 1978 and
Phosphorus Load Reduction Supplement signed October 16, 1983
as amended by Protocol signed November 18, 1987
Office Consolidation
INTERNATIONAL JOINT COMMISSION UNITED STATES AND CANADA
September, 1989
PROTOCOL AMENDING THE 1978 AGREEMENT BETWEEN THE UNITED
STATES OF AMERICA AND CANADA ON GREAT LAKES WATER QUALITY, AS AMENDED ON OCTOBER
16, 1983
AGREEMENT BETWEEN CANADA AND THE UNITED STATES OF AMERICA
ON GREAT LAKES QUALITY, 1978
PROTOCOL AMENDING THE 1978 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND CANADA ON GREAT LAKES WATER QUALITY, AS AMENDED ON OCTOBER 16, 1983
The Government of the United States of America and the Government
of Canada,
REAFFIRMING their commitment to achieving the purpose and objectives of
the 1978 Agreement between the United States of America and Canada on Great Lakes
Water Quality, as amended on October 16, 1983;
HAVING developed and implemented cooperative programs and measures to achieve
such purpose and objectives;
RECOGNIZING the need for strengthened efforts to address the continuing
contamination of the Great Lakes Basin Ecosystem, particularly by persistent toxic
substances;
ACKNOWLEDGING that many of these toxic substances enter the Great Lakes
System from air, from ground water infiltration, from sediments in the Lakes and
from the runoff of non-point sources;
AWARE that further research and program development is now required to
enable effective actions to be taken to address the continuing contamination of
the Great Lakes;
DETERMINED to improve management processes for achieving Agreement objectives
and to demonstrate firm leadership in the implementation of control measures;
Have agreed as follows:
AGREEMENT BETWEEN CANADA AND THE UNITED STATES OF AMERICA ON GREAT LAKES QUALITY,
1978
The Government of Canada and the Government of the United States of America,
HAVING in 1972 and 1978 entered into Agreements on Great Lakes Water Quality;
REAFFIRMING their determination to restore and enhance water quality in the
Great Lakes System;
CONTINUING to be concerned about the impairment of water quality on each side
of the boundary to an extent that is causing injury to health and property on
the other side, as described by the International Joint Commission;
REAFFIRMING their intent to prevent further pollution of the Great Lakes Basin
Ecosystem owing to continuing population growth, resource development and increasing
use of water;
REAFFIRMING in a spirit of friendship and cooperation the rights and obligations
of both countries under the Boundary Waters Treaty, signed on January 11, 1909,
and in particular their obligation not to pollute boundary waters;
CONTINUING to recognize that right of each country in the use of the Great
Lakes waters;
HAVING decided that the Great Lakes Water Quality Agreements of 1972 and 1978
and subsequent reports of the International Joint Commission provide a sound basis
for new and more effective cooperative actions to restore and enhance water quality
in the Great Lakes Basin Ecosystem;
RECOGNIZING that restoration and enhancement of the boundary waters cannot
be achieved independently of other parts of the Great Lakes Basin Ecosystem with
which these waters interact;
CONCLUDING that the best means to preserve the aquatic ecosystem and achieve
improved water quality throughout the Great Lakes System is by adopting common
objectives, developing and implementing cooperative programs and other measures,
and assigning special responsibilities and functions to the International Joint
Commission;
Have agreed as follows:
ARTICLE 1 - DEFINITIONS
As used in this Agreement:
(a)
| "Agreement" means the present Agreement as distinguished from the Great Lakes
Water Quality Agreement of April 15, 1972;
|
(b)
| "Annex" means any of the Annexes to this Agreement, each of which is attached
to and forms and integral part of this Agreement;
|
(c) |
"Boundary waters of the Great Lakes System" or "boundary waters" means boundary
waters, as defined in the Boundary Waters Treaty, that are within the Great Lakes
System; |
(d) |
"Boundary Waters Treaty" means the Treaty between the United States and Great
Britain Relating to Boundary Waters, and Questions Arising Between the United
States and Canada, signed at Washington on January 11, 1909; |
(e) |
"Compatible regulations" means regulations no less restrictive than the agreed
principles set out in this Agreement; |
(f) |
"General Objectives" are broad descriptions of water quality conditions consistent
with the protection of the beneficial uses and the level of environmental quality
which the Parties desire to secure and which will provide overall water management
guidance; |
(g) |
"Great Lakes Basin Ecosystem" means the interacting components of air, land,
water and living organisms, including humans, within the drainage basin of the
St. Lawrence River at or upstream from the point at which this river becomes the
international boundary between Canada and the United States; |
(h) |
"Great Lakes System" means all of the streams river, lakes and other bodies
of water that are within the drainage basin on the St. Lawrence River at or upstream
from the point at which this river becomes the international boundary between
Canada and the United States; |
(i) |
"Harmful quantity" means any quantity of a substance that if discharged into
receiving water would be inconsistent with the achievement of the General and
Specific Objectives; |
(j) |
"Hazardous polluting substance" means any element or compound identified by
the Parties which, if discharged in any quantity into or upon receiving waters
or adjoining shorelines, would present an imminent and substantial danger to public
health or welfare; for this purpose, "public health or welfare" encompasses all
factors affecting the health and welfare of humans including but not limited to
human health, and conservation and protection of flora and fauna, public and private
property, shorelines and beaches; |
(k) |
"International Joint Commission" or "Commission" means the International Joint
Commission established by the Boundary Waters Treaty; |
(l) |
"Monitoring" means a scientifically designed system of continuing standardized
measurements and observations and the evaluation thereof; |
(m) |
"Objectives" means the General Objectives adopted pursuant to Article III
and the Specific Objectives adopted pursuant to Article IV of this Agreement; |
(n) |
"Parties" means the Government of Canada and the Government of the United
States of America; |
(o) |
"Phosphorus" means the element phosphorus present as a constituent of various
organic and inorganic complexes and compounds; |
(p) |
"Research" means development, interpretation and demonstration of advanced
scientific knowledge for the resolution of issues but does not include monitoring
and surveillance of water or air quality; |
(q) |
"Science Advisory Board" means the Great Lakes Science Advisory Board of the
International Joint Commission established pursuant to Article VIII of this Agreement; |
(r) |
"Specific Objectives" means the concentration or quantity of a substance or
level of effect that the Parties agree, after investigation, to recognize as a
maximum or minimum desired limit for a defined body of water or portion thereof,
taking into account the beneficial uses or level of environmental quality which
the Parties desire to secure and protect; |
(s) |
"State and Provincial Governments" means the Governments of the States of
Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Wisconsin, and the Commonwealth
of Pennsylvania, and the Government of the Province of Ontario; |
(t) |
"Surveillance" means specific observations and measurements relative to control
or management; |
(u) |
"Terms of Reference" means the Terms of Reference for the Joint Institutions
and the Great Lakes Regional Office established pursuant to this Agreement, which
are attached to and form an integral part of this Agreement; |
(v) |
"Toxic substance" means a substance which can cause death, disease, behavioural
abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions
or physical deformities in any organism or its offspring, or which can become
poisonous after concentration in the food chain or in combination with other substances; |
(w) |
"Tributary waters of the Great Lakes System" or "tributary waters" means all
the waters within the Great Lakes System that are not boundary waters; |
(x) |
"Water Quality Board" means the Great Lakes Water Quality Board of the International
Joint Commission established pursuant to Article VIII of this Agreement. |
ARTICLE II - PURPOSE
The purpose of the Parties is to restore and maintain the chemical, physical,
and biological integrity of the waters of the Great Lakes Basin Ecosystem. In
order to achieve this purpose, the Parties agree to make a maximum effort to develop
programs, practices and technology necessary for a better understanding of the
Great Lakes Basin Ecosystem and to eliminate or reduce to the maximum extent practicable
the discharge of pollutants into the Great Lakes System.
Consistent with the provisions of this Agreement, it is the policy of the
Parties that:
(a) |
The discharge of toxic substances in toxic amounts be prohibited and the discharge
of any or all persistent toxic substances be virtually eliminated; |
(b) |
Financial assistance to construct publicly owned waste treatment works be
provided by a combination of local, state, provincial, and federal participation;
and |
(c) |
Coordinated planning processes and best management practices be developed
and implemented by the respective jurisdictions to ensure adequate control of
all sources of pollutants. |
ARTICLE III - GENERAL OBJECTIVES
The Parties adopt the following General Objectives for the Great Lakes System.
These waters should be:
(a) |
Free from substances that directly or indirectly enter the waters as a result
of human activity and that will settle to form putrescent or otherwise objectionable
sludge deposits, or that will adversely affect aquatic life or waterfowl; |
(b) |
Free from floating materials such as debris, oil, scum, and other immiscible
substances resulting from human activities in amounts that are unsightly or deleterious; |
(c) |
Free from materials and heat directly or indirectly entering the water as
a result of human activity that alone, or in combination with other materials,
will produce colour, odour, taste, or other conditions in such a degree as to
interfere with beneficial uses; |
(d) |
Free from materials and heat directly or indirectly entering the water as
a result of human activity that alone, or in combination with other materials,
will produce conditions that are toxic or harmful to human, animal, or aquatic
life; and |
(e) |
Free from nutrients directly or indirectly entering the waters as a result
of human activity in amounts that create growths of aquatic life that interfere
with beneficial uses. |
ARTICLE IV - SPECIFIC OBJECTIVES
1. |
The Parties adopt the Specific Objectives for the boundary waters of the Great
Lakes System as set forth in Annex 1, subject to the following:
(a) |
The Specific Objectives adopted pursuant to this Article represent the minimum
levels of water quality desired in the boundary waters of the Great Lakes System
and are not intended to preclude the establishment of more stringent requirements. |
(b) |
The determination of the achievement of Specific Objectives shall be based
on statistically valid sampling data. |
(c) |
Notwithstanding the adoption of Specific Objectives, all reasonable and practicable
measures shall be taken to maintain or improve the existing water quality in those
areas of the boundary waters of the Great Lakes System where such water quality
is better than that prescribed by the Specific Objectives, and in those areas
having outstanding natural resource value. |
(d) |
The responsible regulatory agencies shall not consider flow augmentation as
a substitute for adequate treatment to meet the Specific Objectives. |
(e) |
The Parties recognize that in certain areas of inshore waters natural phenomena
exist which, despite the best efforts of the Parties, will prevent the achievement
of some of the Specific Objectives. As early as possible, these areas should be
identified explicitly by the appropriate jurisdictions and reported to the International
Joint Commission. |
(f) |
The Parties recognize that there are areas in the boundary waters of the
Great Lakes System where, due to human activity, one or more of the General or
Specific Objectives of the Agreement are not being met. Pending virtual elimination
of the persistent toxic substances in the Great Lakes System, the Parties, in
cooperation with the State and Provincial Governments and the Commission, shall
identify and work toward the elimination of:
(i) |
Areas of Concern pursuant to Annex 2; |
(ii) |
Critical Pollutants pursuant to Annex 2; and |
(iii) |
Point Source Impact Zones pursuant to Annex 2. |
|
|
2. |
The Specific Objectives for the boundary waters of the Great Lakes System
or for particular portions thereof shall be kept under review by the Parties and
the International Joint Commission, which shall make appropriate recommendations. |
3. |
The Parties shall consult on:
(a) |
The establishment of Specific Objectives to protect beneficial uses from the
combined effects of pollutants; and |
(b) |
The control of pollutant loading rates for each lake basin to protect the
integrity of the ecosystem over the long term. |
|
ARTICLE V - STANDARDS, OTHER REGULATORY REQUIREMENTS, AND RESEARCH
1. |
Water quality standards and other regulatory requirements of the Parties shall
be consistent with the achievement of the General and Specific Objectives. The
Parties shall use their best efforts to ensure that water quality standards and
other regulatory requirements of the State and Provincial Government shall similarly
be consistent with the achievement of these Objectives. Flow augmentation shall
not be considered as a substitute for adequate treatment to meet water quality
standards or other regulatory requirements. |
2. |
The Parties shall use their best efforts to ensure that:
(a) |
The principal research funding agencies in both countries orient the research
programs of their organizations in response to research priorities identified
by the Science Advisory Board and recommended by the Commission; |
(b) |
Mechanisms be developed for appropriate cost-effective international cooperation;
and |
(c) |
Research priorities are undertaken in accordance with Annex 17. |
|
ARTICLE VI - PROGRAMS AND OTHER MEASURES
1. |
The Parties, in cooperation with State and Provincial Governments,
shall continue to develop and implement programs and other measures to fulfil
the purpose of this Agreement and to meet the General and Specific Objectives.
Where present treatment is inadequate to meet the General and Specific Objectives,
additional treatment shall be required. The programs and measures shall include
the following:
(a) |
Pollution from Municipal Sources. Programs for the abatement, control
and prevention of municipal discharges and urban drainage into the Great Lakes
System. These programs shall be completed and in operation as soon as practicable,
and in the case of municipal sewage treatment facilities no later than December
31, 1982. These programs shall include:
(i) |
Construction and operation of waste treatment facilities in all municipalities
having sewer systems to provide levels of treatment consistent with the achievement
of phosphorus requirements and the General and Specific Objectives, taking into
account the effects of waste from other sources; |
(ii) |
Provision of financial resources to ensure prompt construction of needed facilities; |
(iii) |
Establishment of requirements for construction and operating standards for
facilities; |
(iv) |
Establishment of pre-treatment requirements for all industrial plants discharging
waste into publicly owned treatment works where such industrial wastes are not
amenable to adequate treatment or removal using conventional municipal treatment
processes; |
(v) |
Development and implementation of practical programs for reducing pollution
from storm, sanitary, and combined sewer discharges; and |
(vi) |
Establishment of effective enforcement programs to ensure that the above pollution
abatement requirements are fully met; |
|
(b) |
Pollution from Industrial Sources. Programs for the abatement, control
and prevention of pollution from industrial sources entering the Great Lakes System.
These programs shall be completed and in operation as soon as practicable and
in any case no later than December 31, 1983, and shall include:
(i) |
Establishment of water treatment or control requirements expressed as effluent
limitations (concentrations and/or loading limits for specific pollutants where
possible) for all industrial plants, including power generating facilities, to
provide levels of treatment or reduction or elimination of inputs of substances
and effects consistent with the achievement of the General and Specific Objectives
and other control requirements, taking into account the effects of waste from
other sources; |
(ii) |
Requirements for the substantial elimination of discharges into the Great
Lakes System of persistent toxic substances; |
(iii) |
Requirements for control of thermal discharges; |
(iv) |
Measures to control the discharges of radioactive materials into the Great
Lakes System; |
(v) |
Requirements to minimize adverse environmental impacts of water intakes; |
(vi) |
Development and implementation of programs to meet industrial pre-treatment
requirements as specified under sub-paragraph (a) (iv) above; and |
(vii) |
Establishment of effective enforcement programs to ensure the above pollution
abatement requirements are fully met; |
|
(c) |
Inventory of Pollution Abatement Requirements. Preparation of an inventory
of pollution abatement requirements for all municipal and industrial facilities
discharging into the Great Lakes System in order to gauge progress toward the
earliest practicable completion and operation of the programs listed in sub-paragraphs
(a) and (b) above. This inventory, prepared and revised annually, shall include
compliance schedules and status of compliance with monitoring and effluent restrictions,
and shall be made available to the International Joint Commission and to the public.
In the initial preparation of this inventory, priority shall be given to the problem
areas previously identified by the Water Quality Board; |
(d) |
Eutrophication. Programs and measures for the reduction and control
of inputs of phosphorus and other nutrients, in accordance with the provisions
of Annex 3 |
(e) |
Pollution from Agriculture, Forestry, and Other Land Use Activities.
Measures for the abatement and control of pollution from agriculture, forestry
and other land use activities including:
(i) |
Measures for the control of pest control products used in the Great Lakes
Basin to ensure that pest control products likely to have long term deleterious
effects on the quality of water or its biota be used only as authorized by the
responsible regulatory agencies; that inventories of pest control products used
in the Great Lakes Basin be established and maintained by appropriate agencies;
and that research and educational programs be strengthened to facilitate integration
of cultural, biological and chemical pest control techniques; |
(ii) |
Measures for the abatement and control of pollution from animal husbandry
operations, including encouragement to appropriate agencies to adopt policies
and regulations regarding utilization of animal wastes, and site selection and
disposal of liquid and solid wastes, and to strengthen educational and technical
assistance programs to enable farmers to establish waste utilization, handling
and disposal systems; |
(iii) |
Measures governing the hauling and disposal of liquid and solid wastes, including
encouragement to appropriate regulatory agencies to ensure proper location, design
and regulation governing land disposal, and to ensure sufficient, adequately trained
technical and administrative capability to review plans and to supervise and monitor
systems for application of wastes on land; |
(iv) |
Measures to review and supervise road salting practices and salt storage to
ensure optimum use of salt and all-weather protection of salt stores in consideration
of long-term environmental impact; |
(v) |
Measures to control soil losses from urban and suburban as well as rural areas; |
(vi) |
Measures to encourage and facilitate improvements in land use planning and
management programs to take account of impacts on Great Lakes water quality; |
(vii) |
Other advisory programs and measures to abate and control inputs of nutrients,
toxic substances and sediments from agricultural, forestry and other land use
activities; |
(viii) |
Consideration of future recommendations from the International Joint Commission
based on the Pollution from Land Use Activities Reference; and |
(ix) |
Conduct further non-point source programs in accordance with Annex 13; |
|
(f) |
Pollution from Shipping Activities. Measures for the abatement and
control of pollution from shipping sources, including:
(i) |
Programs and compatible regulations to prevent discharges of harmful quantities
of oil and hazardous polluting substances, in accordance with Annex 4; |
(ii) |
Compatible regulations for the control of discharges of vessel wastes, in
accordance with Annex 5; |
(iii) |
Such compatible regulations to abate and control pollution from shipping sources
as may be deemed desirable in the light of continuing reviews and studies to be
undertaken in accordance with Annex 6; |
(iv) |
Programs and any necessary compatible regulations in accordance with Annexes
4 and 5, for the safe and efficient handling of shipboard generated wastes, including
oil, hazardous polluting substances, garbage, waste water and sewage, and for
their subsequent disposal, including the type and quantity of reception facilities
and, if applicable, treatment standards; and |
(v) |
Establishment by the Canadian Coast Guard and the United States Coast Guard
of a coordinated system for aerial and surface surveillance for the purpose of
enforcement of regulations and the early identification, abatement and clean-up
of spills of oil, hazardous polluting substances, or other pollution; |
|
(g) |
Pollution from Dredging Activities. Measures for the abatement and
control of pollution from all dredging activities, including the development of
criteria for the identification of polluted sediments and compatible programs
for disposal of polluted dredged material, in accordance with Annex 7. Pending
the development of compatible criteria and programs, dredging operations shall
be conducted in a manner that will minimize adverse effects on the environment; |
(h) |
Pollution from Onshore and Offshore Facilities. Measures for the abatement
and control of pollution from onshore and offshore facilities, including programs
and compatible regulations for the prevention of discharges of harmful quantities
of oil and hazardous polluting substances, in accordance with Annex 8; |
(i) |
Contingency Plan. Maintenance of a joint contingency plan for use in
the event of a discharge or the imminent threat of a discharge of oil or hazardous
polluting substances, in accordance with Annex 9; |
(j) |
Hazardous Polluting Substances. Implementation of Annex 10 concerning
hazardous polluting substances. The Parties shall further consult from time to
time for the purpose of revising the list of hazardous polluting substances and
of identifying harmful quantities of these substances; |
(k) |
Persistent Toxic Substances. Measures for the control of inputs of
persistent toxic substances including control programs for their production, use,
distribution and disposal, in accordance with Annex 12; |
(l) |
Airborne Toxic Substances. Programs to identify pollutant sources and
relative source contribution, including the more accurate definition of wet and
dry deposition rates, for those substances which may have significant adverse
effects on environmental quality including the indirect effects of impairment
of tributary water quality through atmospheric deposition in drainage basins.
In cases where significant contributions to Great Lakes pollution from atmospheric
sources are identified, the Parties agree to consult on appropriate remedial programs.
The Parties shall conduct such programs in accordance with Annex 15; |
(m) |
Surveillance and Monitoring. Implementation of a coordinated surveillance
and monitoring program in the Great Lakes System, in accordance with Annex 11,
to assess compliance with pollution control requirements and achievement of the
Objectives, to provide information for measuring local and whole lake response
to control measures, and to identify emerging problems. |
(n) |
Remedial Action Plans. Measures to ensure the development
and implementation of Remedial Action Plans for Areas of Concern pursuant to Annex
2; |
(o) |
Lakewide Management Plans. Measures to ensure the development and
implementation of Lakewide Management Plans to address Critical Pollutants pursuant
to Annex 2. |
(p) |
Pollution from Contaminated Sediments. Measures for the abatement
and control of pollution from all contaminated sediments, including the development
of chemical and biological criteria for assessing the significance of the relative
contamination arising from the sediments and compatible programs for remedial
action for polluted sediments in accordance with Annex 14; and |
(q) |
Pollution from Contaminated Groundwater and Subsurface Sources.
Programs for the assessment and control of contaminated groundwater and subsurface
sources entering the boundary waters of the Great Lakes System pursuant to Annex
16. |
|
2. |
The Parties shall develop and implement such additional programs as they jointly
decide are necessary and desirable to fulfil the purpose of this Agreement and
to meet the General and Specific Objectives.The Parties shall develop and implement
such additional programs as they jointly decide are necessary and desirable to
fulfil the purpose of this Agreement and to meet the General and Specific Objectives. |
ARTICLE VII - POWERS, RESPONSIBILITIES AND FUNCTIONS OF THE INTERNATIONAL JOINT
COMMISSION
1. |
The International Joint Commission shall assist in the implementation of this
Agreement. Accordingly, the Commission is hereby given, by a Reference pursuant
to Article IX of the Boundary Waters Treaty, the following responsibilities:
(a) |
Collation, analysis and dissemination of data and information supplied by
the Parties and State and Provincial Governments relating to the quality of the
boundary waters of the Great Lakes System and to pollution that enters the boundary
waters from tributary waters and other sources; |
(b) |
Collection, analysis and dissemination of data and information concerning
the General and Specific Objectives and the operation and effectiveness of the
programs and other measures established pursuant to this Agreement; |
(c) |
Tendering of advice and recommendations to the Parties and to the State and
Provincial Governments on problems of and matters related to the quality of the
boundary waters of the Great Lakes System including specific recommendations concerning
the General and Specific Objectives, legislation, standards and other regulatory
requirements, programs and other measures, and intergovernmental agreements relating
to the quality of these waters; |
(d) |
Tendering of advice and recommendations to the Parties in connection with
matters covered under the Annexes to this Agreement; |
(e) |
Provision of assistance in the coordination of the joint activities envisaged
by this Agreement; |
(f) |
Provision of assistance in and advice on matters related to research in the
Great Lakes Basin Ecosystem, including identification of objectives for research
activities, tendering of advice and recommendations concerning research to the
Parties and to the State and Provincial Governments, and dissemination of information
concerning research to interested persons and agencies; |
(g) |
Investigations of such subjects related to the Great Lakes Basin Ecosystem
as the Parties may from time to time refer to it. |
|
2. |
In the discharge of its responsibilities under this Reference, the Commission
may exercise all of the powers conferred upon it by the Boundary Waters Treaty
and by any legislation passed pursuant thereto including the power to conduct
public hearings and to compel the testimony of witnesses and the production of
documents. |
3. |
The Commission shall make a full report to the Parties and to the State and
Provincial Governments no less frequently than biennially concerning progress
toward the achievement of the General and Specific Objectives including, as appropriate,
matters related to Annexes to this Agreement. This report shall include an assessment
of the effectiveness of the programs and other measures undertaken pursuant to
this Agreement, and advice and recommendations. In alternate years, the Commission
may submit a summary report. The Commission may at any time make special reports
to the Parties, to the State and Provincial Governments and to the public concerning
any problem of water quality in the Great Lakes System. |
4. |
The Commission may in its discretion publish any report, statement or other
document prepared by it in the discharge of its functions under this Reference. |
5. |
The Commission shall have authority to verify independently the data and other
information submitted by the Parties and by the State and Provincial Governments
through such tests or other means as appear appropriate to it, consistent with
the Boundary Waters Treaty and with applicable legislation. |
6. |
The Commission shall carry out its responsibilities under the Reference utilizing
principally the services of the Water Quality Board and the Science Advisory Board
established under Article VIII of this Agreement. The Commission shall also ensure
liaison and coordination between the institutions established under this Agreement
and other institutions which may address concerns relevant to the Great Lakes
Basin Ecosystem, including both those within its purview, such as those Boards
related to the Great Lakes levels and air pollution matters, and other international
bodies as appropriate. |
ARTICLE VIII - JOINT INSTITUTIONS AND REGIONAL OFFICE
1. |
To assist the International Joint Commission in the exercise of the powers
and responsibilities assigned to it under this Agreement, there shall be two Boards:
(a) |
A Great Lakes Water Quality Board which shall be the principal advisor to
the Commission. The Board shall be composed of an equal number of members from
Canada and the United States, including representatives from the Parties and each
of the State and Provincial Governments; and |
(b) |
A Great Lakes Science Advisory Board shall provide advice on research to the
Commission and to the Water Quality Board. The Board shall further provide advice
on scientific matters referred to it by the Commission, or by the Water Quality
Board in consultation with the Commission. The Science Advisory Board shall consist
of managers of Great Lakes research programs and recognized experts on Great Lakes
water quality problems and related fields. |
|
2. |
The members of the Water Quality Board and the Science Advisory Board shall
be appointed by the Commission after consultation with the appropriate government
or governments concerned. The functions of the Boards shall be as specified in
the terms of Reference appended to this Agreement. |
3. |
To provide administrative support and technical assistance to the two Boards,
and to provide information service for the programs, including public hearings,
undertaken by the International Joint Commission and by the Boards, there shall
be a Great Lakes Regional Office of the International Joint Commission. Specific
duties and organization of the Office shall be as specified in the Terms of Reference
appended to this Agreement. |
4. |
The Commission shall submit an annual budget of anticipated expenses to be
incurred in carrying out its responsibilities under this Agreement to the Parties
for approval. Each Party shall seek funds to pay one-half of the annual budget
so approved, but neither Party shall be under an obligation to pay a larger amount
than the other toward this budget. |
ARTICLE IX - SUBMISSION AND EXCHANGE OF INFORMATION
1. |
The International Joint Commission shall be given at its request any data
or other information relating to water quality in the Great Lakes System in accordance
with procedures established by the Commission. |
2. |
The Commission shall make available to the Parties and to the State and Provincial
Governments upon request all data or other information furnished to it in accordance
with the Article. |
3. |
Each Party shall make available to the other at its request any data or other
information in its control relating to water quality in the Great Lakes System. |
4. |
Notwithstanding any other provision of this Agreement, the Commission shall
not release without the consent of the owner any information identified as proprietary
information under the law of the place where such information has been acquired. |
ARTICLE X - CONSULTATION AND REVIEW
1. |
Following the receipt of each report submitted to the Parties by the International
Joint Commission in accordance with paragraph 3 of Article VII of this Agreement,
the Parties shall consult on the recommendations contained in such report and
shall consider such action as may be appropriate, including:
(a) |
The modification of existing Objectives and the adoption of new Objectives; |
(b) |
The modification or improvement of programs and joint measures; and |
(c) |
The amendment of this Agreement or any Annex thereto. |
|
|
Additional consultations may be held at the request of either Party on any
matter arising out of the implementation of this Agreement. |
2. |
When a Party becomes aware of a special pollution problem that is of joint
concern and requires an immediate response, it shall notify and consult the other
Party forthwith about appropriate remedial action. |
3. |
The Parties, in cooperation with State and Provincial Governments, shall
meet twice a year to coordinate their respective work plans with regard to the
implementation of this Agreement and to evaluate progress made. |
4. |
The Parties shall conduct a comprehensive review of the operation and effectiveness
of this Agreement following every third biennial report of the Commission required
under Article VII of this Agreement. |
ARTICLE XI - IMPLEMENTATION
1. |
The obligations undertaken in this Agreement shall be subject to the appropriation
of funds in accordance with the constitutional procedures of the Parties. |
2. |
The Parties commit themselves to seek:
(a) |
The appropriation of funds required to implement this Agreement, including
the funds needed to develop and implement the programs and other measures provided
for in Article VI of this Agreement, and the funds required by the International
Joint Commission to carry out its responsibilities effectively; |
(b) |
The enactment of any additional legislation that may be necessary in order
to implement the programs and other measures provided for in Article VI of this
Agreement; and |
(c) |
The cooperation of the State and Provincial Governments in all matters relating
to this Agreement. |
|
ARTICLE XII - EXISTING RIGHTS AND OBLIGATIONS
Nothing in this Agreement shall be deemed to diminish the rights and obligations
of the Parties as set forth in the Boundary Waters Treaty.
ARTICLE XIII - AMENDMENT
1. |
This Agreement, the Annexes, and the Terms of Reference may be amended by
agreement of the Parties. The Annexes may also be amended as provided therein,
subject to the requirement that such amendments shall be within the scope of this
Agreement. All such amendments to the Annexes shall be confirmed by an exchange
of notes or letters between the Parties through diplomatic channels which shall
specify the effective date or dates of such amendments. |
2. |
All amendments to this Agreement, the Annexes, and the Terms of Reference
shall be communicated promptly to the International Joint Commission. |
ARTICLE XIV - ENTRY INTO FORCE AND TERMINATION
This Agreement shall enter into force upon signature by the duly authorized
representatives of the Parties, and shall remain in force for a period of five
years and thereafter until terminated upon twelve months' notice given in writing
by one of the Parties to the other.
ARTICLE XV - SUPERSESSION
This Agreement supersedes the Great Lakes Water Quality Agreement of April
15, 1972, and shall be referred to as the "Great Lakes Water Quality Agreement
of 1978".
IN WITNESS WHEREOF the undersigned representatives, duly authorized by their
respective Governments, have signed this Agreement.
DONE in duplicate at Ottawa in the English and French languages, both versions
being equally authentic, this 22nd day of November 1978.
EN FOI DE QUOI, les représentants soussignées, dûment
autorisés par leur Gouvernement respectif, ont signé le présent
Accord.
FAIT en double exemplaire à Ottawa en français et en anglais,
chaque version faisant également foi, ce 22e jour de novembre 1978.
ANNEX 1 - SPECIFIC OBJECTIVES
These Objectives are based on available information on cause/effect relationships
between pollutants and receptors to protect the recognized most sensitive use
in all waters. These Objectives may be amended, or new Objectives may be added,
by mutual consent of the Parties.
I. CHEMICAL
A. |
Persistent Toxic Substances
1. |
Organic
(a) |
Pesticides
Aldrin/Dieldrin |
The sum of the concentration of aldrin and dieldrin in water should not exceed
0.001 micrograms per litre. The sum of concentrations of aldrin and dieldrin in
the edible portion of fish should not exceed 0.3 micrograms per gram (wet weight
basis) for the protection of human consumers of fish. |
Chlordane |
The concentration of chlordane in water should not exceed 0.06 micrograms
per litre for the protection of aquatic life. |
DDT and Metabolites |
The sum of the concentrations of DDT and its metabolites in water should not
exceed 0.003 micrograms per litre. The sum of the concentrations of DDT and its
metabolites in whole fish should not exceed 1.0 microgram per gram (wet weight
basis) for the protection of fish-consuming aquatic birds. |
Endrin |
The concentration of endrin in water should not exceed 0.002 micrograms per
litre. The concentration of endrin in the edible portion of fish should not exceed
0.3 micrograms per gram (wet weight basis) for the protection of human consumers
of fish. |
Heptachlor/Heptachlor Epoxide |
The sum of the concentrations of heptachlor and heptachlor epoxide in water
should not exceed 0.001 micrograms per litre. The sum of concentrations of heptachlor
and heptachlor epoxide in edible portions of fish should not exceed 0.3 micrograms
per gram (wet weight basis) for the protection of human consumers of fish. |
Lindane |
The concentration of lindane in water should not exceed 0.01 micrograms per
litre for the protection of aquatic life. The concentration of lindane in edible
portions of fish should not exceed 0.3 micrograms per gram (wet weight basis)
for the protection of human consumers of fish. |
Methoxychlor |
The concentration of methoxychlor in water should not exceed 0.04 micrograms
per litre for the protection of aquatic life. |
Mirex |
For the protection of aquatic organisms and fish-consuming birds and animals,
mirex and its degradation products should be substantially absent from water and
aquatic organisms. Substantially absent here means less than detection levels
as determined by the best scientific methodology available. |
Toxaphene |
The concentration of toxaphene in water should not exceed 0.008 micrograms
per litre for the protection of aquatic life. |
|
(b) |
Other Compounds
Phthalic Acid Esters |
The concentration of dibutyl phthalate and di (2-ethylhexyl) phthalate in
water should not exceed 4.0 micrograms per litre and 0.6 micrograms per litre,
respectively, for the protection of aquatic life. Other phthalic acid esters should
not exceed 0.2 micrograms per litre in waters for the protection of aquatic life. |
Polychlorinated Biphenyls (PCBs) |
The concentration of total polychlorinated biphenyls in fish tissues (whole
fish, calculated on a wet weight basis), should not exceed 0.1 micrograms per
gram for the protection of birds and animals which consume fish. |
Unspecific Organic Compounds |
For other organic contaminants, for which Specific Objectives have not been
defined, but which can be demonstrated to be persistent and are likely to be toxic,
the concentrations of such compounds in water or aquatic organisms should be substantially
absent, i.e., less than detection levels as determined by the best scientific
methodology available. |
|
|
2. |
Inorganic
(a) |
Metals
Arsenic |
The concentrations of total arsenic in an unfiltered water sample should not
exceed 50 micrograms per litre to protect raw waters for public water supplies. |
Cadmium |
The concentration of total cadmium in an unfiltered water sample should not
exceed 0.2 micrograms per litre to protect aquatic life. |
Chromium |
The concentration of total chromium in an unfiltered water sample should not
exceed 50 micrograms per litre to protect raw waters of public water supplies. |
Copper |
The concentration of total copper in an unfiltered water sample should not
exceed 5 micrograms per litre to protect aquatic life. |
Iron |
The concentration of total iron in an unfiltered water sample should not exceed
300 micrograms per litre to protect aquatic life. |
Lead |
The concentration of total lead in an unfiltered water sample should not exceed
10 micrograms per litre in Lake Superior, 20 micrograms per litre in Lake Huron
and 25 micrograms per litre in all remaining Great Lakes to protect aquatic life. |
Mercury |
The concentration of total mercury in a filtered water sample should not exceed
0.2 micrograms per litre nor should the concentration of total mercury in whole
fish exceed 0.5 micrograms per gram (wet weight basis) to protect aquatic life
and fish-consuming birds. |
Nickel |
The concentration of total nickel in an unfiltered water sample should not
exceed 25 micrograms per litre to protect aquatic life. |
Selenium |
The concentration of total selenium in an unfiltered water sample should not
exceed 10 micrograms per litre to protect the raw water for public water supplies. |
Zinc |
The concentration of total zinc in an unfiltered water sample should not exceed
30 micrograms per litre to protect aquatic life. |
|
(b) |
Other Inorganic Substances
Fluoride |
The concentration of total fluoride in an unfiltered water sample should not
exceed 1200 micrograms per litre to protect raw water for public water supplies. |
Total Dissolved Solids |
In Lake Erie, Lake Ontario and the International Section of the St. Lawrence
River, the level of total dissolved solids should not exceed 200 milligrams per
litre. In the St. Clair River, Lake St. Clair, the Detroit River and the Niagara
River, the level should be consistent with maintaining the levels of total dissolved
solids in Lake Erie and Lake Ontario not to exceed 200 milligrams per litre. In
the remaining boundary waters, pending further study, the level of total dissolved
solids should not exceed present levels. |
|
|
|
B. |
Non-Persistent Toxic Substances
1. |
Organic Substances
(a) |
Pesticides
Diazinon |
The concentration of diazinon in an unfiltered water sample should not exceed
0.08 micrograms per litre for the protection of aquatic life. |
Guthion |
The concentration of guthion in an unfiltered water sample should not exceed
0.005 micrograms per litre for the protection of aquatic life. |
Parathion |
The concentration of parathion in an unfiltered water sample should not exceed
0.008 micrograms per litre for the protection of aquatic life. |
Other Pesticides |
The concentration of unspecified, non-persistent pesticides should not exceed
0.05 of the median lethal concentration on a 96-hour test for any sensitive local
species. |
|
(b) |
Other substances
Unspecified Non-Persistent Toxic Substances and Complex Effluents |
Unspecified non-persistent toxic substances and complex effluents of municipal,
industrial or other origin should not be present in concentrations which exceed
0.05 of the median lethal concentration in a 96-hour test for any sensitive local
species to protect aquatic life. |
Oil and Petrochemicals |
Oil and petrochemicals should not be present in concentrations that:
(i) |
can be detected as visible film, sheen or discoloration on the surface; |
(ii) |
can be detected by odour; |
(iii) |
can cause tainting of edible aquatic organisms; and |
(iv) |
can form deposits on shorelines and bottom sediments that are detectable by
sight or odour, or are deleterious to resident aquatic organisms. |
|
|
|
2. |
Inorganic Substances
|
Ammonia |
|
The concentration of un-ionized ammonia (NH3) should not exceed 20 micrograms
per litre for the protection of aquatic life. Concentrations of total ammonia
should not exceed 500 micrograms per litre for the protection of public water
supplies. |
|
Hydrogen Sulfide |
|
The concentration of undissociated hydrogen sulfide should not exceed 2.0
micrograms per litre to protect aquatic life. |
|
|
C. |
Other Substances
1. |
Dissolved oxygen |
|
In the connecting channels and in the upper waters of the Lakes, the dissolved
oxygen level should not be less than 6.0 milligrams per litre at any time; in
hypolimnetic waters, it should be not less than necessary for the support of fishlife,
particularly cold water species. |
2. |
pH |
|
Values of pH should not be outside the range of 6.5 to 9.0, nor should discharge
change the pH at the boundary of a limited use zone more than 0.5 units from that
of the ambient waters. |
3. |
Nutrients |
|
Phosphorus |
|
The concentration should be limited to the extend necessary to prevent nuisance
growths of algae, weeds and slimes that are or may become injurious to any beneficial
water use. (Specific phosphorus control requirements are set out in Annex 3.) |
4. |
Tainting Substances
(a) |
Raw public water supply sources should be essentially free from objectionable
taste and odour for aesthetic reasons. |
(b) |
Levels of phenolic compounds should not exceed 1.0 microgram per litre in
public water supplies to protect against taste and odour in domestic water. |
(c) |
Substances entering the water as the result of human activity that cause tainting
of edible aquatic organisms should not be present in concentrations which will
lower the acceptability of these organisms as determined by organoleptic tests. |
|
|
II. PHYSICAL
A. |
Asbestos |
|
Asbestos should be kept at the lowest practical level and in any event should
be controlled to the extent necessary to prevent harmful effects on human health. |
B. |
Temperature |
|
There should be no change in temperature that would adversely affect any local
or general use of the waters. |
C. |
Settleable and Suspended Solids, and Light Transmission |
|
For the protection of aquatic life, waters should be free from substances
attributable to municipal, industrial or other discharges resulting from human
activity that will settle to form putrescent or otherwise objectionable sludge
deposits or that will alter the value of Secchi disc depth by more than 10 per
cent. |
III. MICROBIOLOGICAL
Waters used for body contact recreation activities should be substantially
free from bacteria, fungi, or viruses that may produce enteric disorders or eye,
ear, nose, throat and skin infections or other human diseases and infections.
IV. RADIOLOGICAL
The level of radioactivity in waters outside of any defined source control
area should not result in a TED50 (total equivalent dose integrated over 50 years
as calculated in accordance with the methodology established by the International
Commission on Radiological Protection) greater than 1 millirem to the whole body
from a daily ingestion of 2.2 litres of lake water for one year. For dose commitments
between 1 and 5 millirem at the periphery of the source control area, source investigation
and corrective action are recommended if releases are not as low as reasonably
achievable. For dose commitments greater than 5 millirem, the responsible regulatory
authorities shall determine appropriate corrective action.
SPECIFIC OBJECTIVES - SUPPLEMENT TO ANNEX 1
1. |
General Principles
(a) |
Interim Objectives for Persistent Toxic Substances |
|
Consistent with the policy stated in paragraph (a) of Article II and Paragraph
2 of Annex 12 that the discharge of any or all persistent toxic substances be
virtually eliminated, the Specific Objectives set out in Annex 1 for such substances
are adopted as interim objectives. |
(b) |
Detection Levels |
|
As used in this Annex, "absent" means that the substances are not detectable
when analyzed using the best available technology, which may include biological
indicators. Detection levels will be subject to change as technology improves
and new levels are adopted. |
|
2. |
Specific Objectives Review Process
(a) |
The Parties, in consultation with State and Provincial Governments, shall
consult on or before July 1, 1988, and at least once every two years thereafter
for the purpose of considering the adoption of proposals by the Parties, State
and Provincial Governments or recommendations of the Commission to:
(i) |
establish or modify Specific Objectives under Annex 1; and |
(ii) |
establish action levels under Annex 12. |
|
|
The Parties, in cooperation with State and Provincial Governments, shall
ensure that the public is consulted in the development and adoption of the Specific
Objectives. |
(b) |
In proposing a substance for a new Specific Objective, the Parties, State
and Provincial Governments or the Commission shall be guided by, but not limited
to, the lists prepared by the Parties under paragraph (c), below, identifying
substances that are present or potentially present within the water, sediment
or aquatic biota of the Great Lakes System and are believed, singly or in synergistic
or additive combination with another substance, to have acute or chronic toxic
effects on aquatic, animal or human life. |
(c) |
The Parties, on or before December 31, 1988, shall compile and maintain
three lists of substances as follows:
(i) |
List No. 1 shall consist of all substances (1) believed to be present within
the water, sediment or aquatic biota of the Great Lakes System and (2) believed,
singly or in synergistic or additive combination with another substance,to have
acute or chronic toxic effects on aquatic, animal or human life. |
(ii) |
List No. 2 shall consist of all substances (1) believed to be present within
the water, sediment or aquatic biota of the Great Lakes System and (2) believed,
singly, or in synergistic or additive combination with another substance to have
the potential to cause acute or chronic toxic effects on aquatic, animal or human
life. |
(iii) |
List No. 3 shall consist of all substances (1) believed to have the potential
of being discharged into the Great Lakes System and (2) believed, singly or in
synergistic or additive combination with another substance, to have acute or chronic
toxic effects on aquatic, animal or human life. |
|
|
In compiling such lists, the Parties shall employ all data available, including
that resulting from activities undertaken pursuant to Annex 12. |
(d) |
Determinations regarding whether a substance, singly or in synergistic
or additive combinations with another substance, has actual or potential acute
or chronic effects or whether a substance has the potential of being discharged
into the Great Lakes System according to paragraph (c) above, shall be made using
standard methods agreed to by the Parties in consultation with State and Provincial
Governments by April 1988. |
|
3. |
Lake Ecosystem Objectives. Consistent with the purpose of this Agreement
to maintain the chemical, physical and biological integrity of the waters of the
Great Lakes Basin Ecosystem, the Parties, in consultation with State and Provincial
Governments, agree to develop the following ecosystem objectives for the boundary
waters of the Great Lakes System, or portions thereof, and for Lake Michigan:
(a) |
Lake Superior |
|
The Lake should be maintained as a balanced and stable oligotrophic ecosystem
with lake trout as the top aquatic predator of a cold-water community and the
Pontoporeia hoyi as a key organism in a food chain; and |
(b) |
Other Great Lakes |
|
Ecosystem Objectives shall be developed as the state of knowledge permits
for the rest of the boundary of the Great Lakes System, or portions thereof, and
for Lake Michigan. |
|
ANNEX 2 - REMEDIAL ACTION PLANS AND LAKEWIDE MANAGEMENT PLANS
1. |
Definitions. As used in this Annex:
(a) |
"Area of Concern" means a geographic area that fails to meet the General
or Specific Objectives of the Agreement where such failure has caused or is likely
to cause impairment of beneficial use or of the area's ability to support aquatic
life. |
(b) |
"Critical Pollutants" means substances that persist at levels that, singly
or in synergistic or additive combination, are causing, or are likely to cause,
impairment of beneficial uses despite past application of regulatory controls
due to their:
(i) |
presence in open lake waters; |
(ii) |
ability to cause or contribute to a failure to meet Agreement objectives
through their recognized threat to human health and aquatic life; or |
(iii) |
ability to bioaccumulate. |
|
(c) |
"Impairment of beneficial use(s)" means a change in the chemical, physical
or biological integrity of the Great Lakes System sufficient to cause any of the
following:
(i) |
restrictions on fish and wildlife consumption; |
(ii) |
tainting of fish and wildlife flavour; |
(iii) |
degradation of fish wildlife populations; |
(iv) |
fish tumors or other deformities; |
(v) |
bird or animal deformities or reproduction problems; |
(vi) |
degradation of benthos; |
(vii) |
restrictions on dredging activities; |
(viii) |
eutrophication or undesirable algae; |
(ix) |
restrictions on drinking water consumption, or taste and odour problems |
(x) |
beach closings; |
(xi) |
degradation of aesthetics; |
(xii) |
added costs to agriculture or industry; |
(xiii) |
degradation of phytoplankton and zooplankton populations; and |
(xiv) |
loss of fish and wildlife habitat. |
|
(d) |
"Point Source Impact Zone" is defined as an area of water contiguous to
a point source where the water quality does not comply with the General and Specific
Objectives of this Agreement. |
|
2. |
General Principles
(a) |
Remedial Action Plans and Lakewide Management Plans shall embody a systematic
and comprehensive ecosystem approach to restoring and protecting beneficial uses
in Areas of Concern or in open lake waters. |
(b) |
Such Plans shall provide a continuing historical record of the assessment
of Areas of Concern or Critical Pollutants, proposed remedial actions and their
method of implementation, as well as changes in environmental conditions that
result from such actions, including significant milestones in restoring beneficial
uses to Areas of Concern or open lake waters. They are to serve as an important
step toward virtual elimination of persistent toxic substances and toward restoring
and maintaining the chemical, physical and biological integrity of the Great Lakes
Basin Ecosystem. |
(c) |
The Parties, State and Provincial Governments, and the Commission have
identified Areas of Concern and the development of the of Remedial Action Plans
for them has begun. Furthermore, the Parties and State and Provincial Governments
have begun developing lakewide strategies for Lakes Ontario and Michigan. By incorporating
an Annex for Remedial Action Plans and Lakewide Management Plans in this Agreement,
the Parties intend to endorse and build upon these existing efforts. |
(d) |
Point source impact zones exist in the vicinity of some point source discharges.
Pending the achievement of the virtual elimination of persistent toxic substances,
the size of such zones shall be reduced to the maximum extent possible by the
best available technology so as to limit the effects of toxic substances in the
vicinity of these discharges. These zones shall not be acutely toxic to aquatic
species, nor shall their recognition be considered a substitute for adequate treatment
or control of discharges at their sources. |
(e) |
The Parties, in cooperation with State and Provincial Governments, shall
ensure that the public is consulted in all actions undertaken pursuant to this
Annex. |
|
3. |
Designation of Areas of Concern. The Parties, in cooperation with
State and Provincial Governments and the Commission, shall designate geographic
Areas of Concern. The Commission, in its evaluation role, shall review progress
in addressing Areas of Concern, and recommend additional Areas of Concern for
designation by each Party. |
4. |
Remedial Action Plans for Areas of Concern
(a) |
The Parties shall cooperate with State and Provincial Governments to ensure
that Remedial Action Plans are developed and implemented for Areas of Concern.
Each plan shall include:
(i) |
a definition and detailed description of the environmental problem in the
Areas of Concern, including a definition of the beneficial uses that are impaired,
the degree of impairment and the geographic extent of such impairment; |
(ii) |
a definition of the causes of the use impairment, including a description
of all known sources of pollutants involved and an evaluation of other possible
sources; |
(iii) |
an evaluation of remedial measures in place; |
(iv) |
an evaluation of alternative additional measures to restore beneficial
uses; |
(v) |
a selection of additional remedial measures to restore beneficial uses
and a schedule for their implementation; |
(vi) |
an identification of the persons or agencies responsible for implementation
of remedial measures; |
(vii) |
a process for evaluating remedial measure implementation and effectiveness;
and |
(viii) |
a description of surveillance and monitoring processes to track the effectiveness
of remedial measures and the eventual confirmation of the restoration of uses. |
|
(b) |
The Parties, in cooperation with State and Provincial Governments, shall
ensure that affected State and Provincial Governments not now covered by this
Agreement will be involved in the development of such plans and consulted on their
implementation. |
(c) |
The Parties shall cooperate with State and Provincial Governments to classify
Areas of Concern by their stage of restoration progressing from the definition
of the problems and causes, through the selection of remedial measures, to the
implementation of remedial programs, the monitoring of recovery, and, when identified
beneficial uses are no longer impaired and the area restored, the removal of its
designation as an Area of Concern. |
(d) |
The Remedial Action Plans shall be submitted to the Commission for review
and comment at three stages:
(i) |
when a definition of the problem has been completed under sub-paragraphs
4 (a) (i) and (ii); |
(ii) |
when remedial and regulatory measures are selected under sub-paragraphs
4 (a)(iii), (iv),(v) and (vi); and |
(iii) |
when monitoring indicates that identified beneficial uses have been restored
under sub-paragraphs 4(a) (vii) and (viii). |
|
|
5. |
Designation of Critical Pollutants for the Development of Lakewide Management
Plans. The Parties, in cooperation with State and Provincial Governments and
the Commission, shall designate Critical Pollutants for the boundary waters of
the Great Lakes System or for a portion thereof. The Commission, in its evaluative
role, shall review progress in addressing Critical Pollutants and recommend additional
Critical Pollutants for designation by the Parties. Substances on List No. 1 under
Annex 1 Supplement shall be considered for designation as Critical Pollutants. |
6. |
Lakewide Management Plans for Critical Pollutants
(a) |
The Parties, in consultation with State and Provincial Governments, shall
develop and implement Lakewide Management Plans for open lake waters, except for
Lake Michigan where the Government of the United States of America shall have
that responsibility. Such Plans shall be designed to reduce loadings of Critical
Pollutants in order to restore beneficial uses, Lakewide Management Plans shall
not allow increases in pollutant loadings in areas where Specific Objectives are
not exceeded.
Such Plans shall include:
(i) |
a definition of the threat to human health or aquatic life posed by Critical
Pollutants, singly or in synergistic or additive combinations with another substance,
including their contribution to the impairment of beneficial uses; |
(ii) |
an evaluation of information available on concentration, sources, and pathways
of the Critical Pollutants in the Great Lakes System, including all information
on loadings of the Critical Pollutants from all sources, and an estimation of
total loadings of the Critical Pollutants by modelling or other identified methods; |
(iii) |
steps to be taken pursuant to Article VI of this Agreement to develop the
information necessary to determine the schedule of load reduction of Critical
Pollutants that would result in meeting Agreement Objectives, including steps
to develop the necessary standard approached and agreed procedures; |
(iv) |
a determination of load reduction of Critical Pollutants necessary to meet
Agreement Objectives; |
(v) |
an evaluation of remedial measures presently in place, and alternative
additional measures that could be applied to decrease loadings of Critical Pollutants; |
(vi) |
identification of the additional remedial measures that are needed to achieve
the reduction of loadings and to eliminate the contribution to impairment of beneficial
uses from Critical Pollutants, including an implementation schedule; |
(vii) |
identification of the persons or agencies responsible for implementation
of the remedial measures in question; |
(viii) |
a process for evaluating remedial measure implementation and effectiveness; |
(ix) |
a description of surveillance and monitoring to track the effectiveness
of the remedial measures and the eventual elimination of the contribution to impairments
of beneficial uses from the Critical Pollutants; |
(x) |
a process for recognizing the absence of a Critical Pollutant in open lake
waters. |
|
(b) |
The Parties shall classify efforts to reduce Critical Pollutants by their
stages of elimination progressing from the definition of the problem, through
the selection of remedial measures, to the implementation of remedial programs,
the monitoring of recovery, and the removal of designation as a Critical Pollutant
when it is no longer likely to cause, singly or in synergistic or additive combination
with another substance, impairment of identified beneficial uses. |
(c) |
Lakewide Management Plans shall be submitted to the Commission for review
and comment at four stages;
(i) |
When a definition of the problem has been completed under sub-paragraphs
6 (a)(i), (ii) and (iii); |
(ii) |
When the schedule of load reductions is determined under paragraph 6(a)
(i), (ii) and (iii); |
(iii) |
When remedial measures are selected under sub-paragraph 6 (a)(v), (vi)
and (vii); and |
(iv) |
When monitoring indicates that the contribution of the Critical Pollutants
to impairment of identified beneficial uses has been eliminated under sub-paragraphs
6(a)(viii) and (ix) |
|
|
7. |
Reporting Progress
(a) |
Point Source Impact Zones that are associated with direct significant discharges
of industrial and municipal wastes shall be identified delineated and reported
to the Commission beginning September 30, 1989. They shall be reviewed biennially
and their limits revised to achieve the maximum possible reduction in size and
effect in accordance with improvements in waste treatment technology and consistent
with the policy of virtual elimination of persistent toxic substances. |
(b) |
The Parties shall report, by December 31, 1988, and biennially thereafter,
to the Commission on the progress in developing and implementing the Remedial
Action Plans and Lakewide Management Plans and in restoring beneficial uses. Information
from these reports shall be included in the Commission's biennial report under
paragraph 3 of Article VII. |
|
ANNEX 3 - CONTROL OF PHOSPHORUS
1. |
The purpose of the following programs is to minimize eutrophication problems
and to prevent degradation with regard to phosphorus in the boundary waters of
the Great Lakes System. The Goals of phosphorus control are:
(a) |
Restoration of year-round aerobic conditions in the bottom waters of the Central
Basin of Lake Erie; |
(b) |
Substantial reduction in the present levels of algal biomass to a level below
that of a nuisance condition in Lake Erie; |
(c) |
Reduction in present levels of algal biomass to below that of a nuisance condition
in Lake Ontario unleading the International Section of the St. Lawrence River; |
(d) |
Maintenance of the oligotrophic state and relative algal biomass of Lakes
Superior and Huron; |
(e) |
Substantial elimination of algal nuisance growths in Lake Michigan to restore
it to oligotrophic state; and |
(f) |
The elimination of algal nuisance in bays and in other areas wherever they
occur. |
|
2. |
The following programs shall be developed and implemented to reduce input
of phosphorus to the Great Lakes:
(a) |
Construction and operation of municipal waste treatment facilities in all
plants discharging more than one million gallons per day to achieve, where necessary
to meet the loading allocation be developed pursuant to paragraph 3 below, or
to meet local conditions, whichever are more stringent, effluent concentration
of 1.0 milligram per litre total phosphorus maximum for plants in the basins of
Lakes Superior, Michigan, and Huron, and of 0.5 milligram per litre total phosphorus
maximum for plants in the basins of Lakes Ontario and Erie. |
(b) |
Regulation of phosphorus introduction from industrial discharges to the maximum
practicable extent. |
(c) |
Reduction to the maximum extent practicable of phosphorus introduced from
diffuse sources into Lakes Superior, Michigan, and Huron; and the reduction by
30 per cent of phosphorus introduced from diffuse sources into Lakes Ontario and
Erie, where necessary to meet the loading allocations to be developed pursuant
to paragraph 3 below, or to meet local conditions, whichever is more stringent. |
(d) |
Reduction of phosphorus in household detergents to 0.5 per cent by weight
where necessary to meet the loading allocation to be developed pursuant to paragraph
3 below, or to meet local conditions, whichever are more stringent. |
(e) |
Maintenance of a viable research program to seek maximum efficiency and effectiveness
in the control of phosphorus introductions into the Great Lakes. |
|
3. |
The following table establishes phosphorus loads for the base year (1976)
and future phosphorus loads. The Parties, in cooperation with the State and Provincial
Governments, shall within eighteen months after the date of entry into force of
this Agreement confirm the future phosphorus loads, and based on these establish
load allocations and compliance schedules, taking into account the recommendations
of the International Joint Commission arising from the Pollution from Land Use
Activities Reference. Until such loading allocations and compliance schedules
are established, the Parties agree to maintain the programs and other measures
specified in Annex 2 of the Great Lakes Water Quality Agreement of 1972. |
Basin |
1976 Phosphorus
Load in Metric Tonnes
Per Year |
Future
Phosphorus Load
in Metric Tonnes
Per Year |
Lake Superior |
3600 |
3400* |
Lake Michigan |
6700 |
5600* |
Main Lake Huron |
3000 |
2800 |
Georgian Bay |
630 |
600* |
North Channel |
550 |
520* |
Saginaw Bay |
870 |
440* |
Lake Erie |
20000 |
11000** |
Lake Ontario |
11000 |
7000** |
* These loadings would result if all municipal plants over one million gallons
per day achieved an effluent of 1 milligram per litre of phosphorus.
** These loadings are required to meet the goals stated in paragraph 1 above.
PHOSPHORUS LOAD REDUCTION SUPPLEMENT TO ANNEX 3 OF THE 1978
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CANADA ON GREAT LAKES WATER
QUALITY
1. |
The purpose of this Supplement is to outline measures to fulfill the commitments
undertaken pursuant to paragraph 3 of Annex 3 of the 1978 Great Lakes Water Quality
Agreement which requires that: "... The Parties, in cooperation
with the State and Provincial Governments, shall within eighteen months after
the date of entry into force of this Agreement confirm the future phosphorus loads,
and based on these establish load allocations and compliance schedules, taking
into account the recommendations of the International Joint Commission arising
from the Pollution from Land Use Activities Reference ..."
Phosphorus Target Loads |
2. |
Table 1 establishes the recommended phosphorus target loads which represent
planning guides for the Parties. Table 1 replaces the table contained in paragraph
3 of Annex 3 of the 1978 Great Lakes Water Quality Agreement (GLWQA).
Table 1
BASIN |
Phosphorus
Target Loads
(metric tonnes per year) |
Lake Superior |
(See Section 3(b)) |
Lake Michigan |
" |
Main Lake Huron |
" |
Georgian Bay |
" |
North Channel |
" |
Saginaw Bay |
440 (Note 1) |
Lake Erie |
11000 (Note 2) |
Lake Ontario |
7000 (Note 2) |
Note 1 |
Target load designed to alleviate drinking water taste and odour
problems. |
Note 2 |
Target loads proposed to meet ecosystem objectives in Annex 3. The allocation
of the phosphorus target loads between the two countries shall be consistent with
the equal rights of both Parties in the use of their boundary waters. |
|
3. |
Phosphorus Load Reductions
(a) |
Lower Lakes: |
|
Table 2 summarizes the estimated phosphorus loading that will be discharged
to the Lower Lakes basins when all municipal waste treatment facilities over one
million gallons per day achieve compliance with the one milligram per litre (1
mg/1) effluent concentration (on a monthly average basis) as required by Article
VI, 1(a) of the 1978 GLWQA. The table also shows the further reductions required
to meet the Phosphorus Target Loads.
Table 2 - Phosphorus Load Reduction Targets - metric tonnes per year
Basin |
Estimated
Loadings
at 1 mg/l
(Note 1) |
Phosphorus
Target
Load |
Estimates
of Further
Reductions
Required |
Lake Erie |
13,000 |
11,000 |
2,000 |
Lake Ontario |
7,430 |
7,000 |
430 |
Note 1 |
Estimated loading when all municipal waste treatment facilities
over one million gallons/day achieve 1 mg/1 phosphorus effluent target levels. |
|
(b) |
Upper Lakes: |
|
Load reductions for the Upper Lakes will be accomplished by achieving the
1 mg/1 phosphorus effluent concentration (on a monthly average) at municipal waste
treatment facilities discharging more than one million gallons per day. The Parties
further agree to maintain the present oligotrophic state of the open waters and
relative algal biomass of Lakes Superior and Huron. In addition, the United States
agrees to undertake efforts to achieve the substantial elimination of algal nuisance
growths in Lake Michigan. Further measures will be implemented as required for
Saginaw Bay, various localized nearshore problem areas and Green Bay. |
(c) |
Table 3 presents the distribution of further reductions in phosphorus loading
required for Lake Erie (in metric tonnes/year) in order to achieve the estimated
target loads. These figures will be used by the Parties in the development of
detailed plans for achieving further phosphorus reductions as described in 4(a)
and (b) below.
Table 3 - Allocation of reductions to meet target loads for Lake Erie as shown
in Table 1
CANADA |
U.S. |
TOTAL |
300 |
1700 |
2000 |
|
(d) |
For Lake Ontario, the Parties, in cooperation and full consultation with State
and Provincial Governments, agree to review the measures to achieve further phosphorus
reductions in this Basin and will, within one year, meet to allocate the further
phosphorus reductions between the parties. Plans to achieve the required reductions
set out in Table 2 will be developed using these figures in accordance with procedures
described in 4(a) and (b) below. |
|
4. |
Phosphorus Load Reduction Plans
(a) |
Phosphorus load reduction plans will be developed and implemented by the Parties
in cooperation and full consultation with State and Provincial governments to
achieve the phosphorus reductions for Lake Erie and Ontario described in Table
2. The plans will include phosphorus control programs and other measures as outlined
in Section 5 and will describe any additional measures which will be undertaken
to evaluate and review progress in achieving the phosphorus load reductions. A
staged approach, incorporating target dates for achieving further reductions,
will be included in the plans to provide the Parties and State and Provincial
governments with a framework for implementing and evaluating the effectiveness
of controls. |
(b) |
These detailed plans shall be tabled by the Parties with the International
Joint Commission 18 months after agreement on this Supplement to Annex 3. The
Parties will provide the Commission with progress reports and annual updates of
these plans. |
|
5. |
Programs and Other Measures |
|
The following phosphorus control programs and measures will be developed and
implemented by the Parties in cooperation and full consultation with State and
Provincial governments to achieve the required reductions in accordance with the
plans developed pursuant to Section 4. The Parties recognize that the responsibility
for the control on nonpoint sources is shared between the Parties and the State
and Provincial governments.
(a) |
Municipal Waste Treatment Facilities
(i) |
Priority will be given to the continuation and intensification of efforts
to ensure that municipal waste treatment facilities discharging more that one
million gallons per day achieve an effluent concentration of 1 mg/1 total phosphorus
on a monthly average. |
(ii) |
Where necessary, consideration will be given to operating facilities capable
of greater phosphorus reduction at higher level of phosphorus removal than that
required in 5(a)(i). |
(iii) |
Where necessary, municipal waste treatment facilities designed, built, expanded
or modified after October 1, 1983 should allow for later modification to provide
for greater removal of phosphorus than that required under 5 (a)(i). |
|
(b) |
Detergent Phosphorus Limitation |
|
Priority will be given to continuing efforts to limit phosphorus in household
detergents. |
(c) |
Industrial Discharges |
|
Reasonable and practical measures will be undertaken to control industrial
sources of phosphorus. |
(d) |
Nonpoint Source Programs and Measures |
|
Priority management areas will be identified and designated for application
of urban and agricultural programs and measures which include:
(i) |
Urban drainage management control programs where feasible consisting of level
1 measures throughout the Great Lakes Basin; and level 2 measures where necessary
to achieve reductions or where local environmental conditions dictate (Note 1);
and |
(ii) |
Agricultural nonpoint source management programs where feasible consisting
of level 1 measures throughout the Basin and level 2 measures where necessary
to achieve reductions of where local environmental conditions dictate (Note 1). |
|
|
Note 1: |
|
Level 1 nonpoint source control options include: |
|
Agricultural: adoption of management practices such as: animal husbandry control
measures, crop residue management, conservation tillage, no-till, winter cover-crops,
crop rotation, strip cropping, vegetated buffer strips along stream and ditch
banks, and improved fertilizer management practices. |
|
Urban: adoption of management practices such as: erosion controls, use of
natural storage capacities and street cleaning. |
|
Level 2 nonpoint source controls include Level 1 plus: |
|
Agricultural: adoption of intensive practices such as: contour plowing, contour
strip cropping, contour diversions, tile outlet-terraces, flow control structures,
grassed waterways, sedimentation basins and livestock manure storage facilities. |
|
Urban: adoption of practices such as: artificial detention and sedimentation
of stormwater and runoff and reduction of phosphorus in combined sewer overflows. |
|
(e) |
Research |
|
Pursuant to the provisions of paragraph 2(e) of Annex 3, the Parties will
make special efforts to assure that their research activities will be responsive
to the Programs and Other Measures described herein. |
(f) |
Monitoring and Surveillance |
|
The Parties will develop and implement surveillance and monitoring measures
to determine the progress of Phosphorus Load Reduction Plans for the Lower Lakes
as called for under Section 4 above, and to evaluate efforts taken by the Parties
to reduce phosphorus in the Great Lakes Basin. These measures will include an
inventory of areas treated, watershed modelling and improved measurement of tributary
loadings to the Lower Lakes for the purpose of providing improved nonpoint source
loading estimates and the monitoring of mass loadings to the Upper Lakes to maintain
or improve the environmental conditions described in Section 3(b). |
ANNEX 4 - DISCHARGES OF OIL AND HAZARDOUS POLLUTING SUBSTANCES FROM VESSELS
1. Definition. As used in this Annex:
(a) |
"Discharge" includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting or dumping; it does not include unavoidable direct discharges
of oil from a properly functioning vessel engine; |
(b) |
"Harmful quantity of oil" means any quantity of oil that, if discharged from
a ship that is stationary into clear calm water on a clear day, would produce
a film or a sheen upon, or discolouration of, the surface of the water or adjoining
shoreline, or that would cause a sludge or emission to be deposited beneath the
surface of the water or upon the adjoining shoreline; |
(c) |
"Oil" means oil of any kind or in any form, including, but not limited to,
petroleum, fuel oil, oil sludge, oil refuse, oil mixed with ballast or bilge water
and oil mixed with wastes other than dredged material; |
(d) |
"Tanker" means any vessel designed for the carriage of liquid cargo in bulk;
and |
(e) |
"Vessel" means any ship, barge or other floating craft, where or not self-propelled. |
2. General Principles. Compatible regulation shall be adopted for the
prevention of discharges into the Great Lakes System of harmful quantities of
oil and hazardous polluting substances from vessels in accordance with the following
principles;
(a) |
The discharge of a harmful quantity of oil or hazardous polluting substance,
including any such quantities as may be contained in ballast water,shall be prohibited
and made subject to appropriate penalties; and |
(b) |
As soon as any person in charge has knowledge of any discharge, or probable
discharge, of harmful quantities of oil or hazardous polluting substances, immediate
notice of such discharge shall be given to the appropriate agency in the jurisdiction
where the discharge occurs; failure to give this notice shall be made subject
to appropriate penalties. |
3. Oil. The programs and measures to be adopted for the prevention
of discharges of harmful quantities of oil shall include;
(a) |
Compatible regulations for design, construction, and operation of vessels
based on the following principles.
(i) |
Each vessel shall have a suitable means of containing on board cargo oil spills
caused by loading or unloading operations; |
(ii) |
Each vessel shall have a suitable means of containing on board fuel oils spills
caused by loading or unloading operations, including those from tank vents and
overflow pipes; |
(iii) |
Each vessel shall have the capability of retaining on board oily wastes accumulated
during vessel operation; |
(iv) |
Each vessel shall be capable of off-loading retained oily wastes to a reception
facility; |
(v) |
Each vessel shall be provided with a means for rapidly and safely stopping
the flow of cargo or fuel oil during loading, unloading or bunkering operations
in the event of an emergency; |
(vi) |
Each vessel shall be provided with suitable lighting to adequately illuminate
all cargo and fuel oil handling areas if the loading, unloading or bunkering operations
occur at night; |
(vii) |
Hose assemblies used on board vessels for oil loading, unloading, or bunkering
shall be suitably designed, identified, and inspected to minimize the possibility
of failure; and |
(viii) |
Oil loading, unloading, and bunkering systems shall be suitably designed,
identified, and inspected to minimize the possibility of failure; and |
|
(b) |
Programs to ensure that merchant vessel personnel are trained in all functions
involved in the use, handling, and stowage of oil and in procedures for abatement
of oil pollution. |
4. Hazardous Polluting Substances. The programs and measures to be
adopted for the prevention of discharges of harmful quantities of hazardous polluting
substances carried as cargo shall include:
(a) |
Compatible regulations for the design, construction, and operation of vessels
using as a guide the standards developed by the International Maritime Organizations
(IM0), including the following additional requirements:
(i) |
Each vessel shall have a suitable means of containing on board spills caused
by loading or unloading operations; |
(ii) |
Each vessel shall have a capability of retaining on board wastes accumulated
during vessel operation; |
(iii) |
Each vessel shall be capable of off-loading wastes retained to a reception
facility; |
(iv) |
Each vessel shall be provided with a means for rapidly and safely stopping
the flow during loading or unloading operations in the event of an emergency;
and |
(v) |
Each vessel shall be provided with suitable lighting to adequately illuminate
all cargo handling areas if the loading or unloading operations occur at night; |
|
(b) |
Identification of vessels carrying cargoes of hazardous polluting substances
in bulk, containers, and package form, and of all such cargoes; |
(c) |
Identification in vessel manifests of all hazardous polluting substances; |
(d) |
Carriage and storage arrangements of all hazardous polluting substances in
packaged form using as a guide the International Maritime Dangerous Goods Code;
and |
(e) |
Programs to ensure that merchant vessel personnel are trained in all functions
involving the use, handling, and stowage of hazardous polluting substances; the
abatement of pollution from such substances; and the hazards associated with the
handling of such substances. |
5. Additional Measures. Both Parties, in cooperation with State
and Provincial Governments shall take, as appropriate, action to ensure the
provision of adequate facilities for the reception, treatment, and subsequent
disposal of oil and hazardous polluting substances wastes from all vessels.
ANNEX 5 - DISCHARGES OF VESSEL WASTES
1. Definitions. As used in this Annex:
(a) |
"Discharge" includes, but is not limited to, any spilling, leaking, pumping,
emitting, and dumping; |
(b) |
"Garbage" means all kinds of victual, domestic, and operational wastes, excluding
fresh fish and parts thereof generated during the normal operation of the ship
and liable to be disposed of continually or periodically; |
(c) |
"Sewage" means human or animal waste generated on board ship and includes
wastes from water closets, urinals, or a hospital facility; |
(d) |
"Vessel" means any ship, barge or other floating craft, whether or not self-propelled;
and |
(e) |
"Waste water" means water in combination with other substances, including
ballast water and water used for washing cargo holds, but excluding water in combination
with oil, hazardous polluting substances, or sewage. |
2. General Principles. Compatible regulations shall be adopted governing
the discharge into the Great Lakes System of garbage, sewage, and waste water
from vessels in accordance with the following principles:
(a) |
The discharge of garbage shall be prohibited and made subject to appropriate
penalties; |
(b) |
The discharge of waste water in harmful amounts or concentrations shall be
prohibited and made subject to appropriate penalties; and |
(c) |
Every vessel operating in these waters that is provided with toilet facilities
shall be equipped with a device or devices to contain, incinerate, or treat sewage
to an adequate degree; appropriate penalties shall be provided for failure to
comply with the regulation. |
3. Critical Use Areas. Critical use areas of the Great Lakes System
may be designate where the discharge of waste water or sewage shall be limited
or prohibited.
4. The Parties, in cooperation with State and Provincial Governments, shall
establish regulation to control the discharge of sewage from pleasure
craft of other classes of vessels operating in the Great Lakes System or designated
areas thereof.
5. Additional Measures. The Parties shall take, as appropriate, action
to ensure the provision of adequate facilities for the reception, treatment, and
subsequent disposal of garbage, waste water, and sewage from all vessels.
ANNEX 6 - REVIEW OF POLLUTION FROM SHIPPING SOURCES
1. Review. The Canadian Coast Guard and the United States Coast Guard
shall continue to review services, systems, programs, recommendations, standards
and regulations relating to shipping activities for the purpose of maintaining
or improving Great Lakes water quality. The reviews shall include:
(a) |
Review of vessel equipment, vessel manning, and navigation practices or procedures,
and of aids to navigation and vessel traffic management, for the purpose of precluding
casualties which may be deleterious to water quality; |
(b) |
Review of practices and procedures regarding waste water and their deleterious
effect on water quality, including, as required, studies to determine if live
fish or invertebrates in ballast water discharges into the Great Lakes System
constitute a threat to the System; |
(c) |
Review of practices and procedures, as well as current technology for the
treatment of vessel sewage; |
(d) |
Review of current practices and procedures regarding the prevention of pollution
from the loading, or unloading, or on board transfer of cargo; and |
(e) |
Review of international ship safety, pollution prevention and civil liability
conventions and standards developed by the International Maritime Organization
to determine their applicability in the boundary waters of the Great Lakes System |
2. Consultation. Representatives of the Canadian Coast Guard and the
United States Coast Guard, and other interested agencies, shall meet at least
annually to consider Annexes 4, 5, 6, 8 and 9 of this Agreement. A report of this
annual consultation shall be furnished to the International Joint Commission prior
to its annual meeting on Great Lakes water quality. The purpose of the consultation
shall be to:
(a) |
Provide an interchange of information with respect to continuing reviews,
ongoing studies, and areas of concern; |
(b) |
Identify and determine the relative importance of problems requiring further
study; and |
(c) |
Apportion responsibility, as between the Canadian Coast Guard and the United
States Coast Guard, for the studies, or portions thereof, which were identified
in subparagraph 2(b) above. |
3. Studies. Where a review identifies additional areas for improvement,
the Canadian Coast Guard and the United States Coast Guard, and other interested
agencies, will undertake a study to establish improved procedures for the abatement
and control of pollution from shipping sources, and will:
(a) |
Develop a brief study description which will include the nature of the perceived
problem, procedures to quantify the problem, alternative solutions to the problem,
procedures to determine the best alternative, and an estimated completion date; |
(b) |
Transmit study descriptions to the International Joint Commission and other
interested agencies: |
(c) |
Transmit the study, or a brief summary of its conclusions, to the International
Joint Commission and other interested agencies; and |
(d) |
Transmit a brief status report to the International Joint Commission and
other interested agencies if the study is not completed by the estimated completion
date. |
4. Responsibility. Responsibility for the coordination of the review,
consultation, and studies is assigned to the Canadian Coast Guard and the United
States Coast Guard.
ANNEX 7 - DREDGING
1. There shall be established, under the auspices of the Water Quality Board,
a Subcommittee on Dredging. The Subcommittee shall:
(a) |
Review the existing practices in both countries relating to dredging activities,
as well as the previous work done by the International Working Group on Dredging,
with the objective of developing, within one year of the date of entry into force
of this Agreement, compatible guidelines and criteria for dredging activities
in the boundary waters of the Great Lakes System; |
(b) |
Maintain a register of significant dredging projects being undertaken in the
Great Lakes System with information to allow for the assessment of the environmental
effects of the projects. The register shall include pertinent statistics to allow
for the assessment of pollution loadings from dredged materials to the Great Lakes
System; |
(c) |
Encourage the exchange of information relating to developments of dredging
technology and environmental research. |
2. The Subcommittee shall identify specific criteria for the classification
of polluted sediments of designated areas of intensive and continuing dredging
activities within the Great Lakes System. Pending development of criteria and
guidelines by the Subcommittee, and their acceptance of the Parties, the Parties
shall continue to apply the criteria now in use by the regulatory authorities;
however, neither party shall be precluded from applying standards more stringent
than those now in use.
3. The Parties shall continue to direct particular attention to the identification
and preservation of significant wetland areas in the Great Lakes Basin Ecosystem
which are threatened by dredging and disposal activities.
4. The Parties shall encourage research and investigate advances in dredging
technology and the pathways, fate and effects of nutrients and contaminants of
dredged materials.
5. The Subcommittee shall undertake any other activities as the Water Quality
Board may direct.
ANNEX 8 - DISCHARGES FROM ONSHORE AND OFFSHORE FACILITIES
1. Definitions. As used in this Annex:
(a) |
"Discharge" means the introduction of polluting substances into receiving
waters and includes, but is not limited to, any spilling, leaking, pumping, pouring,
emitting or dumping; it does not include continuous effluent discharges from municipal
or industrial treatment facilities; |
(b) |
"Harmful quantity of oil" means any quantity of oil that, if discharged into
clear calm waters on a clear day, would produce a film or sheen upon, or discoloration
of the surface of the water or adjoining shoreline, or that would cause a sludge
or emulsion to be deposited beneath the surface of the water or upon the adjoining
shoreline; |
(c) |
"Facility" includes motor vehicles, rolling stock, pipelines, and any other
facility that is used or capable of being used for the purpose of processing,
producing, storing, disposing, transferring or transporting oil or hazardous polluting
substances, but excludes vessels; |
(d) |
"Offshore facility" means any facility of any kind located in, on or under
any water; |
(e) |
"Onshore facility" means any facility of any kind located in, on or under,
any land other than submerged land; |
(f) |
"Oil" means oil of any kind or in any form, include, but not limited to petroleum,
fuel oil, oil sludge, oil refuse, and oil mixed with wastes, but does not include
constituents of dredged spoil. |
2. Principles. Regulations shall be adopted for the prevention of discharges
into the Great Lakes System of harmful quantities of oil and hazardous polluting
substances from onshore and offshore facilities in accordance with the following
principles:
(a) |
Discharges of harmful quantities of oil or hazardous polluting substances
shall be prohibited and made subject to appropriate penalties; |
(b) |
As soon as any person in charge has knowledge of any discharge of harmful
quantities of oil or hazardous polluting substances, immediate notice of such
discharge shall be given to the appropriate agency in the jurisdiction where the
discharge occurs; failure to give this notice shall be made subject to appropriate
penalties. |
3. Programs and Measures. The programs and measures to be adopted shall
include the following:
(a) |
Review of the design, construction, and location of both existing and new
facilities for their adequacy to prevent the discharge of oil or hazardous polluting
substances; |
(b) |
Review of the operation, maintenance and inspection procedures of facilities
for their adequacy to prevent the discharge of oil or hazardous polluting substances; |
(c) |
Development and implementation of regulations and personnel training programs
to ensure the safe use and handling of oil or hazardous polluting substances; |
(d) |
Programs to ensure that at each facility plans and provisions are made and
equipment provided to stop rapidly and safely, contain, and clean up discharges
of oil or hazardous polluting substances; and |
(e) |
Compatible regulations and other programs for the identification and placarding
of containers, vehicles and other facilities containing, carrying, or handling
oil or hazardous polluting substances; and where appropriate notification to appropriate
agencies of vehicle movements, maintenance of a registry, and identification in
manifests of such substances to be carried. |
4. Implementation.
(a) |
Each Party shall submit a report to the International Joint Commission outlining
its programs and measures, existing or proposed, for the implementation of this
Annex within six months of the date of entry into force of this Agreement. |
(b) |
The report shall outline programs and measures, existing or proposed, for
each of the following types of onshore and offshore facilities:
(i) |
land transportation including rail and road modes; |
(ii) |
pipelines on land and submerged under water; |
(iii) |
offshore drilling rigs and wells; |
(iv) |
storage facilities both onshore and offshore; and |
(v) |
wharves and terminals with trestle or underwater pipeway connections to land
and offshore island type structures and buoys used for the handling of oil and
hazardous polluting substances. |
|
(c) |
The report shall outline programs and measures, existing or proposed, for
any other type of onshore or offshore facility. |
(d) |
Upon receipt of the reports, the Commission , in consultation with the Parties,
shall review the programs and measures outlined for adequacy and compatibility
and, if necessary, make recommendation to rectify any such inadequacy or incompatibility
it finds. |
ANNEX 9 - JOINT CONTINGENCY PLAN
1. The Plan. Annex one (CANUSLAK) of the Canada-United States Joint
Marine Contingency Plan, as amended or reviewed, shall be maintained in force
for the Great Lakes. The Canadian Coast Guard and the United States Coast
Guard shall, in cooperation with other affected parties, identify and provide
detailed Supplements for areas of high risk and of particular concern in augmentation
of CANUSLAK. It shall be the responsibility of the United States Coast Guard and
the Canadian Coast Guard to coordinate and to maintain the Plan and the Supplements
appended thereto.
2. Purpose. The purpose of the Plan is to provide for coordinated and
integrated response to pollution incidents in the Great Lakes System by responsible
federal, state, provincial and local agencies. the Plan supplements the national,
provincial and regional plans of the Parties.
3. Pollution Incidents..
(a) |
A pollution incident is a discharge, or an imminent threat of discharge of
oil, hazardous polluting substance or other substance or other substance of such
magnitude or significance as to require immediate response to contain, clean up,
and dispose of the material |
(b) |
The objectives of the Plan in pollution incidents are:
(i) |
To develop appropriate preparedness measures and effective systems for discovery
and reporting the existence of a pollution incident within the area covered by
the Plan; |
(ii) |
To institute prompt measures to restrict the further spread of the pollutant;
and |
(iii) |
To provide adequate cleanup response to pollution incidents. |
|
4. Funding. The costs of operations of both Parties under the Plan
shall be borne by the Party in whose waters the pollution incident occurred, unless
otherwise agreed.
5. Amendment. The Canadian Coast Guard and the United States Coast
Guard are empowered to amend the Plan subject to the requirement that such amendments
shall be consistent with the purpose and objectives of this Annex.
ANNEX 10 - HAZARDOUS POLLUTING SUBSTANCES
1. The Parties shall:
(a) |
Maintain a list, to be known as Appendix 1 of this Annex (hereinafter referred
to as Appendix 1), of the substances known to have toxic effects on aquatic and
animal life and a risk of being discharged to the Great Lakes System; |
(b) |
Maintain a list, to be known as Appendix 2 of this Annex (hereinafter referred
to as Appendix 2), of substances potentially having such effects and such a risk
of discharge, and to give priority to the examination of these substances for
possible transfer to Appendix 1; |
(c) |
Ensure that these lists are continually revised in the light of growing scientific
knowledge; and |
(d) |
Develop and implement programs and measures to minimize or eliminate the
risk of release of hazardous polluting substances to the Great Lakes System. |
2. Hazardous polluting substances to be listed in Appendix 1 shall be determined
in accordance with the following procedures:
(a) |
Selection of all hazardous substances for listing in Appendix 1 shall be based
upon documented toxicological and discharge potential data which have been evaluated
by the Parties and deemed to be mutually acceptable. |
(b) |
Revisions to Appendix 1 may be made by mutual consent of the Parties and shall
be treated as amendments to this Annex for the purposes of Article XIII of this
Agreement. |
(c) |
Using the agreed selection criteria, either Party may recommend at any time
a substance to be added to the list in Appendix 1. Such substance need not previously
have been listed in Appendix 2. The Party receiving the recommendation will have
60 days to review the associated documentation and either reject the proposed
substance or accept the substance pending completion of appropriate procedural
or domestic regulatory requirements. Cause for rejection must be documented and
submitted to the initiating Party and may be the basis for any further negotiations. |
3. The criteria to be applied to the selection of substances as candidates
for listing in Appendix 1 are:
(a) |
Acute toxicological effects, as determined by whether the substance is lethal
to:
(i) |
One-half of a test population of aquatic animals in 96 hours or less at a
concentration of 500 milligrams per litre or less; or |
(ii) |
One-half of a test population of animals in 14 days or less when administered
in a single oral dose equal to or less than 50 milligrams per kilogram of body
weight; or |
(iii) |
One-half of a test population of animals in 14 days or less when dermally
exposed to an amount equal to or less that 200 milligrams per kilogram body weight
for 24 hours; or |
(iv) |
One-half of a test population of animals in 14 days or less when exposed to
a vapour concentration equal to or less than 20 cubic centimetres per cubic meter
in air for one hour; or |
(v) |
Aquatic flora as measured by a maximum specific growth rate or total yield
of biomass which is 50 per cent lower than a control culture over 14 days in medium
at concentrations equal to or less than 100 milligrams per litre. |
|
(b) |
Risk of discharge into the Great Lakes System, as determined by:
(i) |
Gathering information on the history of discharges or accidents; |
(ii) |
Assessing the modal risks during transport and determining the use and distribution
patterns; |
(iii) |
Identifying quantities manufactured or imported. |
|
4. Potentially hazardous polluting substances to be listed in Appendix 2 of
this Annex shall be determined in accordance with the following procedures:
(a) |
Either Party may add new substances to Appendix 2 by notifying the other in
writing that the substance is considered to be a potential hazard because of documented
information concerning aquatic toxicity mammalian and other vertebrate toxicity,
phytotoxicity, persistence, bio-accumulation, mutagenicity, teratogenicity, carcinogenicity,
environmental translocation or because of documented information on risk of discharge
to the environment. The documentation of the potential hazard and the selected
criteria upon which it is based will also be submitted. |
(b) |
Removal of substances from Appendix 2 shall be by mutual consent of the Parties. |
(c) |
The Parties shall give priority to the examination of substances listed in
Appendix 2 for possible transfer to Appendix 1. |
5. Programs and measures to control the risk of pollution from transport,
storage, handling and disposal of hazardous polluting substances are contained
in Annexes 4 and 8; and
6. In addition to the lists of hazardous polluting substances described
in Appendices 1 and 2 to this Annex, practice and procedures consistent with the
general principles of this Agreement shall be applied to those substances categorized
as marine pollutants by the International Maritime Organization.
APPENDIX 1 - HAZARDOUS POLLUTING SUBSTANCES
Acetaldehyde |
Acetic Acid |
Acetic Anhydride |
Acetone Cyanohydrin |
Acetyl Bromide |
Acetyl Chloride |
Acrolein |
Acrylonitrile |
Aldrin |
Allyl Alcohol |
Allyl Chloride |
Aluminum Sulfate |
Ammonia |
Ammonium Acetate |
Ammonium Benzoate |
Ammonium Bicarbonate |
Ammonium Bichromate |
Ammonium Bifluoride |
Ammonium Bisulfite |
Ammonium Carbamate |
Ammonium Carbonate |
Ammonium Chloride |
Ammonium Chromate |
Ammonium Citrate, Dibasic |
Ammonium Fluoborate |
Ammonium Fluoride |
Ammonium Hydroxide |
Ammonium Oxalate |
Ammonium Silicofluoride |
Ammonium Sulfamate |
Ammonium Sulfide |
Ammonium Sulfite |
Ammonium Tartrate |
Ammonium Thicoyanate |
Ammonium Thiosulfate |
Amyl Acetate |
Aniline |
Antimony Pentachloride |
Antimony Potassium Tartrate |
Antimony Tribromide |
Antimony Trichloride |
Antimony Trifluoride |
Antimony Trioxide |
Arsenic Disulfide |
Arsenic Pentoxide |
Arsenic Trichloride |
Arsenic Trioxide |
Arsenic Trisulphide |
Barium Cyanide |
Benzene |
Benzoic Acid |
Benzonitrile |
Benzoyl Chloride |
Benzyl Chloride |
Beryllium Chloride |
Beryllium Fluoride |
Beryllium Nitrate |
Butyl Acetate |
Butylamine |
Butyric Acid |
Cadmium Acetate |
Cadmium Bromide |
Cadmium Chloride |
Calcium Arsenate |
Calcium Arsenite |
Calcium Carbide |
Calcium Chromate |
Calcium Cyanide |
Calcium Dodecylbenzenesulfonate |
Calcium Hydroxide |
Calcium Hypochlorite |
Calcium Oxide |
Captan |
Carbaryl |
Carbon Disulfide |
Chlordane |
Chlorine |
Chlorobenzene |
Chloroform |
Chlorosulfonic Acid |
Chlorpyrifos |
Chromic Acetate |
Chromic Acid |
Chromic Sulfate |
Chromous Chloride |
Cobaltous Bromide |
Cobaltous Foremate |
Cobaltous Sulfamate |
Coumaphos |
Cresol |
Cupric Acetate |
Cupric Acetoarsenite |
Cupric Chloride |
Cupric Nitrate |
Cupric Oxalate |
Cupric Sulfate |
Cupric Sulfate, Ammoniated |
Cupric Tartrate |
Cyanogen Chloride |
Cyclohexane |
2, 4-D Acid |
2, 4-D Esters |
Dalapon |
DDT |
Diazinon |
Dicamba |
Dichlobenil |
Dichlone |
Dichlorvos |
Dieldrin |
Diethylamine |
Dimethylamine |
Dinitrobenzene (mixed) |
Dinitrophenol |
Diquat |
Disulfoton |
Diuron |
Dedocylbenzenesulfonic Acid |
Endosulfan |
Endrin |
Ethion |
Ethylbenzene |
Ethylenediamine |
EDTA |
Ferric Ammonium Citrate |
Ferric Ammonium Oxalate |
Ferric Chloride |
Ferric Fluoride |
Ferric Nitrate |
Ferric Sulfate |
Ferrous Ammonium Sulfate |
Ferrous Chloride |
Ferrous Sulfate |
Formaldehyde |
Formic Acid |
Fumaric Acid |
Furfural |
Guthion |
Heptachlor |
Hydrochloric Acid |
Hydrofluoric Acid |
Hydrogen Cyanide |
Isoprene |
Isopropanolamine Dodecylbenzenesulfonate |
Kelthane |
Lead Acetate |
Lead Arsenate |
Lead Chloride |
Lead Fluoborate |
Lead Fluoride |
Lead Iodide |
Lead Nitrate |
Lead Stearate |
Lead Sulfate |
Lead Sulfide |
Lead Thiocyanate |
Lindane |
Lithium Chromate |
Malathion |
Maleic Acid |
Maleic Anhydride |
Mercuric Cyanide |
Mercuric Nitrate |
Mercuric Sulfate |
Mercuric Thiocyanate |
Mercurous Nitrate |
Methoxychlor |
Methyl Mercaptan |
Methyl Methacrylate |
Methyl Parathion |
Mevinphos |
Mexacarbate |
Monoethylamine |
Monomethylamine |
Naled |
Naphthalene |
Naphtenic Acid |
Nickel Ammonium Sulfate |
Nickel Chloride |
Nickel Hydroxide |
Nickel Nitrate |
Nickel Sulfate |
Nitric Acid |
Nitrobenzene |
Nitrogen Dioxide |
Nitrophenol (mixed) |
Paraformaldehyde |
Parathion |
Pentachlorophenol |
Phenol |
Phosgene |
Phosphoric Acid |
Phosphorous |
Phosphorus Oxychloride |
Phosphorus Pentasulfide |
Phosphorus Trichloride |
Polychlorinated Biphenyls |
Potassium Arsenate |
Potassium Arsenite |
Potassium Bichromate |
Potassium Chromate |
Potassium Cyanide |
Potassium Hydroxide |
Potassium Permanganate |
Propionic Acid |
Propionic Anhydride |
Pyrethrins |
Quinoline |
Resorcinol |
Selenium Oxide |
Sodium |
Sodium Arsenate |
Sodium Arsenite |
Sodium Bichromate |
Sodium Bifluoride |
Sodium Bisulfite |
Sodium Chromate |
Sodium Cyanide |
Sodium Dodecylbenzenesulfonate |
Sodium Fluoride |
Sodium Hydrosulfide |
Sodium Hydroxide |
Sodium Hypochlorite |
Sodium Methylate |
Sodium Nitrite |
Sodium Phosphate, Dibasic |
Sodium Phosphate, Tribasic |
Sodium Selenite |
Strontium Chromate |
Strychnine |
Styrene |
Sulfuric Acid |
Sulfur Monochloride |
2,4,5-T Acid |
2,4,5-7 Esters |
TDE |
Tetraethyl Lead |
Tetraethyl Pyrophosphate |
Toluene |
Toxaphene |
Trichlorfon |
Trichlorophenol |
Triethanolamine Dodecylbenzenesulfonate |
Triethylamine |
Thrimethylamine |
Uranyl Acetate |
Uranyl Nitrate |
Vanadium Pentoxide |
Vanadyl Sulfate |
Vinyl Acetate |
Xylene (mixed) |
Xylenol |
Zinc Acetate |
Zinc Ammonium Chloride |
Zinc Borate |
Zinc Bromide |
Zinc Charbonate |
Zinc Chloride |
Zinc Cyanide |
Zinc Fluoride |
Zinc Formate |
Zinc Hydrosulfite |
Zinc Nitrate |
Zinc Phenolsulfonate |
Zinc Phosphide |
Zinc Silicofluoride |
Zinc Sulfate |
Zirconium Nitrate |
Zirconium Potassium Fluoride |
Zirconium Sulfate |
Zirconium Tetrachloride |
|
|
APPENDIX 2 - POTENTIAL HAZARDOUS POLLUTING SUBSTANCES
Acridine |
Allethrin |
Aluminum Fluoride |
Aluminum Nitrate |
Ammonium Bromide |
Ammonium Hypophosphite |
Ammonium Iodide |
Ammonium Pentaborate |
Ammonium Persulfate |
Antimony Pentafluoride |
Antimycin A |
Arsenic Acid |
Barhan |
Benfluralin |
Bensulide |
Benzene Hexachloride |
Beryllium Sulfate |
Butifos |
Cadmium |
Cadmium Cyanide |
Cadmium Nitrate |
Captafol |
Carbophenothion |
Chlorflurazole |
Chlorothion |
Chlorpropham |
Chromic Chloride |
Chromium |
Chromyl Chloride |
Cobaltous Fluoride |
Copper |
Crotoxyphos |
Cupric Carbonate |
Cupric Citrate |
Cupric Formate |
Cupric Glycinate |
Cupric Lactate |
Cupric Paraamino Benzoate |
Cupric Salicylate |
Cupric Subacetate |
Cuprous Bromide |
Demeton |
Dibutyl Phthalate |
Dicapthon |
2,4-Dinitrochlorobenzene |
p-Dinitrocresol |
Dinocap |
Dinoseb |
Dioxathion |
Dodine |
EPN |
Gold Trichloride |
Hexachlorophene |
Hydrogen Sulfide |
m-Hydroxybenzoic Acid |
p-Hydroxybenzoic Acid |
Hydroxylamine |
2-Hydroxyphenazine-1-Carboxylic Acid |
Lactonitrile |
Lead Tetraacetate |
Lead Thiosulfate |
Lead Tungstate |
Lithium Bichromate |
Malachite Green |
Manganese Chloride, Anhydrous |
MCPA |
Mercuric Acetate |
Mercuric Chloride |
Mercury |
Metam-Sodium |
p-Methylamino-Phenol |
2-Methyl-Napthoquinone |
Neburon |
Nickel Formate |
Phenylmercuric Acetate |
n-Phenyl Naphthylamine |
Phorate |
Phosphamidon |
Picloram |
Potassium Azide |
Potassium Cuprocyanide |
Potassium Ferricyanide |
Propyl Alcohol |
Pyridyl Mercuric Acetate |
Rotenone |
Silver |
Silver Nitrate |
Silver Sulfate |
Sodium Azide |
Sodium 2-Chlorotoluene-5-Sulfonate |
Sodium Pentachlorophenate |
Sodium Phosphate, Monobasic |
Sodium Sulfide |
Stannous Fluoride |
Strontium Nitrate |
Sulfoxide |
Temephos |
Thallium |
Thionazin |
1,2,4-Trichlorobenzene |
Uranium Peroxide |
Uranyl Sulfate |
Zinc Bichromate |
Zinc Potassium Chromate |
Zirconium Acetate |
Zirconium Oxychloride |
|
|
ANNEX 11 - SURVEILLANCE AND MONITORING
1. |
Surveillance and monitoring activities shall be undertaken for the following
purposes:
(a) |
Compliance. To assess the degree to which jurisdictional control requirements
are being met. |
(b) |
Achievement of General and Specific Objectives. To provide definitive
information on the location, severity, areal or volume extent, frequency and duration
of non-achievement of the Objectives, as a basis for determining the need for
more stringent control requirements. |
(c) |
Evaluation of Water Quality Trends. To provide information for measuring
local and whole lake response to control measures using trend analysis and cause/effect
relationships, and to provide information which will assist in the development
and application of predictive techniques for assessing impact of new developments
and pollution sources. The results of water quality evaluations will be used for:
(i) |
assessing the effectiveness of remedial and preventative measures and identifying
the need for the improved pollution control; |
(ii) |
assessing enforcement and management strategies; and |
(iii) |
identifying the need for further technology development and research activities. |
|
(d) |
Identification of Emerging Problems. To determine the presence of new
or hitherto detected problems in the Great Lakes Basin Ecosystem, leading to the
development and implementation of appropriate pollution control measures. |
(e) |
Annex 2 Programs. To support the development of Remedial Action
Plans for Areas of Concern and Lakewide Management Plans for Critical Pollutants
pursuant to Annex 2. |
|
2. |
A joint surveillance and monitoring program necessary to ensure the attainment
of the foregoing purposes shall be developed and implemented among the Parties
and the State and Provincial Governments. The Great Lakes International Surveillance
Plan contained in the Water Quality Board Annual Report of 1975 and revised in
subsequent reports shall serve as a model for the development of the joint surveillance
and monitoring program. |
3. |
The program shall include baseline data collection, sample analysis, evaluation
and quality assurance programs (including standard sampling and analytical methodology,
inter-laboratory comparisons, and compatible data management) to allow assessment
of the following:
(a) |
Inputs from tributaries, point source discharges, atmosphere, and connecting
channels; |
(b) |
Whole lake data including that for nearshore areas (such as harbours and embayments,
general shoreline and cladophora growth areas), open waters of the Lakes, fish
contaminants, and wildlife contaminants; |
(c) |
Overflows including connecting channels, water intakes and outlets; |
(d) |
Total pollutant loadings to, storage and transformation within, and export
from the Great Lakes System; |
(e) |
The adequacy of proposed load reductions and schedules contained in Lakewide
Management Plans; and |
(f) |
Contributions of various exposure media to the overall human intake of toxic
substances in the Great Lakes Basin Ecosystem. |
|
4. |
Development of Ecosystem Health Indicators for the Great Lakes.
The Parties agree to develop ecosystem health indicators to assist in evaluating
the achievement of the specific objectives for the ecosystem pursuant to Annex
1:
(a) |
with respect to Lake Superior, lake trout and the crustacean Pontoporeia
hoyi shall be used as indicators:
Lake Trout |
- |
productivity greater than 0.38 kilograms/hectare; |
- |
stable, self-producing stocks; |
- |
free from contaminants at concentrations that adversely affect the trout
themselves or the quality of the harvested products. |
Pontoporeia hoyi |
- |
the abundance of the crustacean, Pontoporeia hoyi, maintained throughout
the entire lake at present levels of 220-320/(metres)2 (depths less than 100 metres)
and 30-160/(metres)2 (depths greater than 100 metres); and |
|
(b) |
with respect to the rest of the boundary waters of the Great Lakes System
or portions thereof, and for Lake Michigan, the indicators are to be developed. |
|
ANNEX 12 - PERSISTENT TOXIC SUBSTANCES
1. |
Definitions. As used in this Annex:
(a) |
"Persistent toxic substance" means any toxic substance with a half-life in
water of greater than eight weeks; |
(b) |
"Half-life" means the time required for the concentration of a substance to
diminish to one-half of its original value in a lake or water body; |
(c) |
"Early warning system" means a procedure to anticipate future environmental
contaminants (i.e., substances having an adverse effect on human health or the
environment) and to set priorities for environmental research, monitoring and
regulatory action. |
|
2. |
General Principles.
(a) |
Regulatory strategies for controlling or preventing the input of persistent
toxic substances to the Great Lakes System shall be adopted in accordance with
the following principles:
(i) |
The intent of programs specified in this Annex is to virtually eliminate the
input of persistent toxic substances in order to protect human health and to ensure
the continued health and productivity of living aquatic resources and human use
thereof; |
(ii) |
The philosophy adopted for control of inputs of persistent toxic substances
shall be zero discharge; and |
(iii) |
The reduction in the generation of contaminants, particularly persistent
toxic substances, either through the reduction of the total volume or quantity
of waste or through the reduction of the toxicity of waste, or both, shall, wherever
possible, be encouraged. |
|
(b) |
The Parties shall take all reasonable and practical measures to rehabilitate
those portions of the Great Lakes System adversely affected by persistent toxic
substances. |
|
3. |
Programs. The Parties in cooperation with the State and Provincial
Governments, shall develop and adopt the following programs and measures for the
elimination of discharges of persistent toxic substances:
(a) |
Identification of raw materials, processes, products, by-products, waste sources
and emissions involving persistent toxic substances, and quantitative data on
the substances, together with recommendations on handling, use and disposition.
Every effort shall be made to complete this inventory by January, 1982; |
(b) |
Establishment of close coordination between air, water and solid waste programs
in order to assess the total input of toxic substances to the Great Lakes System
and to define comprehensive, integrated controls; |
(c) |
Joint programs for disposal of hazardous materials to ensure that these materials
such as pesticides, contaminated petroleum products, contaminated sludge and dredge
spoils and industrial wastes are properly transported and disposed of. Every effort
shall be made to implement these programs by 1980. |
|
4. |
Monitoring. Monitoring and research programs in support of the Great
Lakes International Surveillance Plan should be established at a level sufficient
to identify:
(a) |
Temporal and spatial trends in concentration of persistent toxic substances
such as PCB, mirex, DDT, mercury and dieldrin, and of there substances known to
be present in biota and sediment of the Great Lakes System; |
(b) |
The impact of persistent toxic substances on the health of humans and the
quality and health of living aquatic systems; |
(c) |
The sources of input of persistent toxic substances; and |
(d) |
The presence of previously unidentified persistent toxic substances. |
|
5. |
Early Warning System. An early warning system consisting of, but not
restricted to, the following elements shall be established to anticipate future
toxic substances problems:
(a) |
Development and use of structure-activity correlations to predict environmental
characteristics of chemicals; |
(b) |
Compilation and review of trends in the production, import, and use of chemicals; |
(c) |
Review of the results of environmental testing on new chemicals; |
(d) |
Toxicological research on chemicals, and review of research conducted in other
countries; |
(e) |
Maintenance of a biological tissue bank and sediment to permit retroactive
analysis to establish trends over time; |
(f) |
Monitoring to characterize the presence and significance of chemical residues
in the environment; |
(g) |
Development and use of mathematical models to predict consequences of various
loading rates of different chemicals; |
(h) |
Development of a data bank for storage of information on physical/chemical
properties, toxicology, use and quantities in commerce of known and suspected
persistent toxic substances; |
(i) |
Development of data necessary to evaluate the loadings of critical pollutants
or other polluting substances identified in the boundary waters of the Great Lakes
System; and |
(j) |
Further development and use of reproduction, physiological and biochemical
measures in wildlife, fish and humans as health effects indicators and the establishment
of a data base for storage, retrieval and interpretation of the data. |
|
6. |
Human Health. The Parties shall establish action levels to protect
human health based on multimedia exposure and the interactive effects of
toxic substances. |
7. |
Research. Research should be intensified to determine the pathways,
fate and effects of toxic substances aimed at the protection of human health,
fishery resources and wildlife of the Great Lakes Basin Ecosystem. In particular,
research should be conducted to determine:
(a) |
The significance of effects of persistent toxic substances on human health
and aquatic life; |
(b) |
Interactive effects of residues of toxic substances on aquatic life, wildlife,
and human health; and |
(c) |
Approaches to calculation of acceptable loading rates for persistent toxic
substances, especially those which,in part, are naturally occurring. |
|
8. |
Reporting. The Parties shall report, by December 31, 1988
and biennially thereafter, on the progress of programs and measures to reduce
the generation of contaminants in accordance with the principle in sub-paragraph
2 (a) (iii) above. |
ANNEX 13 - POLLUTION FROM NON-POINT SOURCES
1. |
Purpose. This Annex further delineates programs and measures for
the abatement and reduction on non-point sources of pollution from land-use activities.
These include efforts to further reduce non-point source inputs of phosphorus,
sediments, toxic substances and microbiological contaminants contained in drainage
from urban and rural land, including waste disposal sites, in the Great Lakes
System. |
2. |
Implementation. The Parties, in conjunction with State and
Provincial Governments, shall:
(a) |
identify land-based activities contribution to water quality problems described
in Remedial Action Plans for Areas of Concern, or in Lakewide Management Plans
including, but not limited to, phosphorus and Critical Pollutants; and |
(b) |
develop and implement watershed management plans, consistent with the objectives
and schedules for individual Remedial Action Plans or Lakewide Management Plans,
on priority hydrologic units to reduce non-point source inputs. Such watershed
plans shall include a description of priority areas, intergovernmental agreements,
implementation schedules, and programs and other measures to fulfill the purpose
of this Annex and the General and Specific Objectives of this Agreement. Such
measures shall include provisions for regulation of non-point sources of pollution. |
|
3. |
Wetlands and their Preservation. Significant wetland areas in the
Great Lakes System that are threatened by urban and agricultural development and
waste disposal activities should be identified, preserved and, where necessary,
rehabilitated. |
4. |
Surveillance, Surveys and Demonstration Projects. Programs and projects
shall be implemented in order to determine:
(a) |
non-point source pollutants inputs to and outputs from rivers and shoreline
areas sufficient to estimate loadings to the boundary waters of the Great Lakes
System; and |
(b) |
the extent of change in land-use and land management practices that significantly
affect water quality for the purpose of tracking implementation of remedial measures
and estimating associated changes in loadings to the Lakes. |
|
|
Demonstration projects of remedial programs on pilot urban and rural watersheds
shall be encouraged to advance knowledge and enhance information and education
services, including extension services, where applicable. |
5. |
The Parties shall report by December 31, 1988 and biennially thereafter,
to the Commission on progress in developing specific watershed management plans
and implementing programs and measures to control non-point sources of pollution. |
ANNEX 14 - CONTAMINATED SEDIMENT
1. |
Objectives. The Parties shall, in cooperation with State and Provincial
Governments, identify the nature and extent of sediment pollution of the Great
Lakes System. Based on these findings, they shall develop methods to evaluate
both the impact of polluted sediments on the Great Lakes System, and the technological
capabilities of programs to remedy such pollution. Information obtained through
research and studies pursuant to this Annex shall be used to guide the development
of Remedial Action Plans and Lakewide Management Plans pursuant to Annex 2, but
shall not be used to forestall the implementation of remedial measures already
under way. Dredging for the purpose of navigation is addressed in Annex 7. |
2. |
Research and Studies.
(a) |
General. The Parties, in cooperation with State and Provincial Governments,
shall exchange information relating to the mapping, assessment and management
of contaminated sediments in the Great Lakes System. |
(b) |
Surveillance Programs. The Parties, in cooperation with State and
Provincial Governments shall:
(i) |
evaluate, on or before December 31, 1988 and biennially thereafter, existing
methods for quantifying the transfer of contaminants and nutrients to and from
bottom sediments for use in determining the impact of polluted sediments on the
Great Lakes Basin Ecosystem; |
(ii) |
review practices in both countries regarding the classification of contaminated
sediments and establish compatible criteria for the classification of sediment
quality; |
(iii) |
develop common methods to quantify the transfer of contaminants and nutrients
to and from bottom sediments. Such methods shall be used to determine the impact
of polluted sediment of the Great Lakes System. As a first step, biological indicators
shall be developed to determine accumulation rates in biota from polluted bottom
sediments; and |
(iv) |
develop a standard approach and agreed procedures for the management of
contaminated sediments by December 31, 1988. |
|
(c) |
Technology Programs
(i) |
The Parties shall, on or before December 31, 1988 and biennially thereafter,
in cooperation with State and Provincial Governments, evaluate existing technologies
for the management of contaminated sediments such as isolation, capping, in-place
decontamination and removal of polluted bottom sediment. |
(ii) |
The Parties, in cooperation with State and Provincial Governments shall
design and implement demonstration projects for the management of polluted bottom
sediment at selected Areas of Concern identified pursuant to Annex 2. The design
shall be based on the evaluation(s) made pursuant to sub-paragraph (i) above,
the Parties shall meet by June 20, 1988 and jointly design a demonstration program
and implementation schedule and report progress biennially thereafter. |
|
|
3. |
Long-Term Measures. The Parties, in cooperation with State and Provincial
Governments, shall also ensure that measures are adopted for the management of
contaminated sediment respecting:
(a) |
the construction and the long-term maintenance of disposal facilities;
and |
(b) |
the use of contaminated sediment in the creation of land. |
|
4. |
Reporting. The Parties shall report their progress in implementing
this Annex to the Commission biennially, commencing with a report no later than
December 31, 1988. |
ANNEX 15 - AIRBORNE TOXIC SUBSTANCES
1. |
Purpose. The Parties, in cooperation with State and Provincial Governments,
shall conduct research, surveillance and monitoring and implement pollution control
measures for the purpose of reducing atmospheric deposition of toxic substances,
particularly persistent toxic substances, to the Great Lakes Basin Ecosystem. |
2. |
Research. Research activities shall be conducted to determine pathways,
fate and effects of such toxic substances for the protection of the Great Lakes
System. In particular, research shall be conducted to:
(a) |
understand the processes of wet and dry deposition and those associated
with the vapor exchange of toxic substances; |
(b) |
understand the effects of persistent toxic substances, singly or in synergistic
or additive combination with other substances, through aquatic exposure routes
on the health of humans and the quality and health of aquatic life where a significant
source of these substances is the atmosphere, in accordance with sub-paragraph
4(b) of Annex 12; and |
(c) |
develop models of the intermediate and long-range movement and transformation
of toxic substances to determine;
(i) |
the significance of atmospheric loadings to the Great Lakes System relative
to other pathways; and |
(ii) |
the sources of such substances from outside the Great Lakes System. |
|
|
3. |
Surveillance and Monitoring. The Parties shall:
(a) |
establish, as part of the Great Lakes International Surveillance Plan (GLISP)
instituted under Annex 11, an Integrated Atmospheric Deposition Network in accordance
with paragraph 4 below; |
(b) |
identify, by means of this Network, toxic substances and, in particular,
persistent toxic substances, appearing on List No. 1 described in Annex 1, of
those designated as Critical Pollutants pursuant to Annex 2 and their significant
sources in accordance with sub-paragraph 4(c) of Annex 12, and to track their
movements; and |
(c) |
utilize this Network in order to:
(i) |
determine atmospheric loadings of toxic substances to the Great Lakes System
by quantifying the total and net atmospheric input of these same contaminants,
pursuant to sub-paragraph 3(a) of Annex 11; |
(ii) |
define the temporal and spatial trends in the atmospheric deposition of
such toxic substances in accordance with sub-paragraph 4(a) of Annex 12; and |
(iii) |
develop Remedial Action Plans and Lakewide Management Plans pursuant to
Annex 2. |
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4. |
Components of the Integrated Atmospheric Deposition Network. The
Parties shall confer on or before October 1, 1988, regarding;
(a) |
the identity of the toxic substances to be monitored; |
(b) |
the number of monitoring and surveillance stations; |
(c) |
the locations of such stations; |
(d) |
the equipment at such stations; |
(e) |
quality control and quality assurance procedures; and |
(f) |
a schedule for the construction and commencement of the operation of the
stations. |
|
5. |
Pollution Control Measures.
(a) |
The Parties, in cooperation with State and Provincial Governments, shall
develop, adopt and implement measures for the control of the sources of emissions
of toxic substances and the elimination of the sources of emissions of persistent
toxic substances in cases where atmospheric deposition of these substances, singly
or in synergistic or additive combination with other substances, significantly
contributes to pollution of the Great Lakes System. Where such contributions arise
from sources beyond the jurisdiction of the Parties, the Parties shall notify
the responsible jurisdiction and the Commission of the problem and seek a suitable
response. |
(b) |
The Parties shall also assess and encourage the development of pollution
control technologies and alternative products to reduce the effect of airborne
toxic substances on the Great Lakes System. |
|
6. |
Reporting. The Parties shall report their progress in implementing
this Annex to the Commission biennially, commencing with a report no later than
December 31, 1988. |
ANNEX 16 - POLLUTION FROM CONTAMINATED GROUNDWATER
The Parties, in cooperation with State and Provincial Governments, shall
coordinate existing programs to control contaminated groundwater affecting the
boundary waters of the Great Lakes System. For this purpose, the Parties shall;
(i) |
identify existing and potential sources of contaminated groundwater affecting
the Great Lakes; |
(ii) |
map hydrogeological conditions in the vicinity of existing and potential
sources of contaminated groundwater; |
(iii) |
develop a standard approach and agreed procedures for sampling and analysis
of contaminants in groundwater in order to: (1) assess and characterize the degree
and extent of contamination; and (2) estimate the loadings of contaminants from
groundwater to the Lakes to support the development of Remedial Action Plans and
Lakewide Management Plans pursuant to Annex 2; |
(iv) |
control the sources of contamination of groundwater and the contaminated
groundwater itself, when the problem has been identified; and |
(v) |
report progress on implementing this Annex to the Commission biennially,
commencing with a report no later than December 31, 1988. |
ANNEX 17 - RESEARCH AND DEVELOPMENT
1. |
Purpose. This Annex delineates research need to support the achievement
of the goals of this Agreement. |
2. |
Implementation. The Parties, in cooperation with State and Provincial
Governments, shall conduct research in order to:
(a) |
determine the mass transfer of pollutants between the Great Lakes Basin
Ecosystem components of water, sediments, air, land and biota, and the processes
controlling the transfer of pollutants across the interfaces between these components
in accordance with Annexes 13, 14, 15 and 16; |
(b) |
develop load reduction models for pollutants in the Great Lakes System
in accordance with the research requirements of Annexes 2, 11, 12 and 13; |
(c) |
determine the physical and transformational processes affecting the delivery
of pollutants by tributaries to the Great Lakes in accordance with Annexes 2,
11, 12 and 13; |
(d) |
determine cause-effect inter-relationships of productivity and ecotoxicity,
and identify future research needs in accordance with Annexes 11, 12, 13 and 15; |
(e) |
determine the relationship of contaminated sediments on ecosystem health,
in accordance with the research needs of Annexes 2, 12 and 14; |
(f) |
determine pollutant exchanges between the Areas of Concern and the open
lakes including cause-effect inter-relationships among nutrients, productivity,
sediments, pollutants, biota and ecosystem health, and to develop in-situ chemical,
physical and biological remedial options in accordance with Annexes 2, 12, 14
and sub-paragraph 1(f) of Annex 3; |
(g) |
determine the aquatic effects of varying lake levels in relation to pollution
sources, particularly respecting the conservation of wetlands and the fate and
effects of pollutants in the Great Lakes Basin Ecosystem in accordance with Annexes
2, 11, 12, 13, 15 and 16; |
(h) |
determine the ecotoxicity and toxicity effects of pollutants in the development
of water quality objectives in accordance with Annex 1; |
(i) |
determine the impact of water quality and the introduction of non-native
species on fish and wildlife populations and habitats in order to develop feasible
options for their recovery, restoration or enhancement in accordance with sub-paragraph
1(a) of Article IV and Annexes 1, 2, 11 and 12; |
(j) |
encourage the development of control technologies for treatment of municipal
and industrial effluents, atmospheric emissions and the disposal of wastes, including
wastes deposited in landfills; |
(k) |
develop action levels for contamination that incorporate multi-media exposures
and the interactive effects of chemicals; and |
(l) |
develop approaches to population-based studies to determine the long-term,
low-level effects of toxic substances on human health. |
|
TERMS OF REFERENCE FOR THE JOINT INSTITUTIONS AND THE GREAT LAKES REGIONAL
OFFICE
1. |
Great Lakes Water Quality Board
(a) |
This Board shall be the principal advisor to the International Joint Commission
with regard to the exercise of all the function, powers and responsibilities (other
than those functions and responsibilities of the Science Advisory Board pursuant
to paragraph 2 of these Terms of Reference) assigned to the Commission under this
Agreement. In addition, the Board shall carry out such other functions, related
to the water quality of the boundary waters of the Great Lakes System, as the
Commission may request from time to time. |
(b) |
The Water Quality Board, at the direction of the Commission, shall:
(i) |
Make recommendations on the development and implementation of programs to
achieve the purpose of this Agreement; |
(ii) |
Assemble and evaluate information evolving from such programs; |
(iii) |
Identify deficiencies in the scope and funding of such programs and evaluate
the adequacy and compatibility of results; |
(iv) |
Examine the appropriateness of such programs in light of present and future
socio-economic imperatives; and |
(v) |
Advise the Commission on the progress and effectiveness of such programs and
submit appropriate recommendations. |
|
(c) |
The Water Quality Board, on behalf of the Commission, shall undertake liaison
and coordination between the institutions established under this Agreement and
other institutions and jurisdictions which may address concerns relevant to the
Great Lakes Basin Ecosystem so as to ensure a comprehensive and coordinated approach
to planning and to the resolution of problems, both current and anticipated. |
(d) |
The Water Quality Board shall report to the Commission periodically as appropriate,
or as required by the Commission, on all aspects relating to the operation and
effectiveness of this Agreement. |
|
2. |
Great Lakes Science Advisory Board
(a) |
This Board shall be the scientific advisor to the Commission and the Water
Quality Board. |
(b) |
The Science Advisory Board shall be responsible for developing recommendations
on all matters related to research and the development of scientific knowledge
pertinent to the identification, evaluation and resolution of current and anticipated
problems related to Great Lakes water quality. |
(c) |
To effect these responsibilities the Science Advisory Board shall;
(i) |
Review scientific information in order to:
a. |
examine the impact and adequacy of research and the reliability of research
results, and ensure the dissemination of such results; |
b. |
identify additional research requirements; |
c. |
identify specific research programs for which international cooperation is
desirable; and |
|
(ii) |
Advise jurisdictions of relevant research needs, solicit their involvement
and promote coordination. |
|
(d) |
The Science Advisory Board shall seek analyses, assessments and recommendations
from other scientific, professional, academic, governmental or intergovernmental
relevant to Great Lakes Basin Ecosystem research. |
(e) |
The Science Advisory Board shall report to the Commission and the Water Quality
Board periodically as appropriate, or as required by the Commission, on all matters
of a scientific or research nature relating to the operation and effectiveness
of this Agreement. |
|
3. |
The Great Lakes Regional Office
(a) |
This Office, located in Windsor, Ontario, shall assist the Commission and
the two Boards in the discharge of the functions specified in subparagraph (b)
below. |
(b) |
The Office shall perform the following functions:
(i) |
Provide administrative support and technical assistance for the Water Quality
Board and the Science Advisory Board and their sub-organizations, to assist the
Boards in discharging effectively the responsibilities, duties and functions assigned
to them. |
(ii) |
Provide a public information service for the programs, including public hearings,
undertaken by the Commission and its Boards. |
|
(c) |
The Office shall be headed by a Director who shall be appointed by the Commission
in consultation with the Parties and with the Co-Chairmen of the Boards. The position
of Director shall alternate between a Canadian citizen and a United States citizen.
The term of office for the Director shall be determined in the review referred
to in subparagraph (d) below. |
(d) |
The Parties, mindful of the need to staff the Great Lakes Regional Office
to carry out the functions assigned the Commission by this Agreement, shall, within
six months from the date of entry into force of this Agreement, complete a review
of the staffing of the Office. This review shall be conducted by the Parties based
upon recommendations of the Commission after consultation with the Co-Chairmen
of the Boards. Subsequent review may be requested by either Party, or recommended
by the Commission, in order to ensure that the staffing of the Regional Office
is maintained at a level and character commensurate with its assigned functions. |
(e) |
Consistent with the responsibilities assigned to the Commission, and under
the general supervision of the Water Quality Board, the Director shall be responsible
for the management of the Regional Office and its staff in carrying out the functions
described herein. |
(f) |
The Co-Chairmen of the Boards, in consultation with the Director, will determine
the activities which they wish the Office to carry out on behalf of, or in support
of the Boards, within the current capability of the Office and its staff. The
Director is responsible to the Co-Chairmen of each Board for activities carried
out on behalf of, or in support of such Board, by the Office or individual staff
members. |
(g) |
The Commission, in consultation with the Director, will determine the public
information activities to be carried out on behalf of the Commission by the Regional
Office. |
(h) |
The Director shall be responsible for preparing an annual budget to carry
out the functions of the Boards and the Regional Office for submission jointly
by the two Boards to the Commission for approval and procurement of resources. |
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