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Executive Summary In 2001, a total of 816 inspections were completed for 20 inspection programs, 367 inspections under the Canadian Environmental Protection Act (CEPA) and 449 under the Fisheries Act (FA) and its regulations. Of the 20 Inspection Programs, 11 were considered a national or regional priority, and compliance reports for these are listed below. The 11 Annual Compliance Reports provide an overview of the level of compliance with the environmental statutes under the CEPA, the FA , and the various regulations developed under these Acts. The annual reports summarize the intent of the legislation, the verification methods used, the compliance status of the regulated community, and the enforcement actions taken. The Regional Program Report Executive Summaries for 2001 are: Canadian Environmental Protection Act
Fisheries Act
02-06 Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations On March 17, 1990, the federal government announced its intention to regulate the discharge of dioxins and furans in the effluent of Canadian pulp and paper mills. The regulations came into effect in July of 1992 and required that all mills using chlorine achieve the maximum discharge limit of 15 parts per quadrillion (ppq) for 2,3,7,8-tetrachlorodibenzo-para -dioxin (2,3,7,8-TCDD) and 50 ppq for 2,3,7,8-tetrachloro dibenzofuran (2,3,7,8-TCDF) by January 1, 1994.
In 2001, thirteen site inspections and thirteen admini- strative verifications were completed by Environment Canada enforcement officers. During the year there were two exceedances of the 50 ppq limit for furans. Data submitted by the Pope and Talbot-Mackenzie Pulp Mill indicated a maximum effluent concentration of 130 ppq 2,3,7,8-TCDF in January. As a result of this exceedence an Inspector's Direction was issued to this mill. Discharge levels for dioxins by all mills were within the regulated limits. Since 1992, loadings of 2,3,7,8-TCDD decreased 98.8% from 17 mg/day to 0.2 mg/day, and loadings of 2,3,7,8-TCDF decreased 98.8% from 163 mg/day to 1.8 mg/day for all mills. 02-07 Export and Import of Hazardous Waste Regulations Large volumes of waste, some of which are hazardous, are created by industrial and household activities. Safe disposal or recycling of these wastes is essential. Concern over the possible export of these materials to industrializing countries for cheap disposal has prompted a number of international agreements promoting waste tracking. In signing these agreements, Canada made a commitment to develop national legislation to promote the environmentally sound management of hazardous wastes. This led to the development of the Export and Import of Hazardous Waste Regulations (EIHWR) under the Canadian Environmental Protection Act (CEPA).
Environment Canada enforcement officers conducted 36 inspections of hazardous waste facilities and transporters in British Columbia and Yukon between April 2001 and March 2002 to verify compliance with the EIHWRs. Of the thirty-six inspections made, one Warning was issued to KC Recycling for failing to meet the conditions of the Letter to Proceed. Environment Canada also screened and monitored movement of potential hazardous wastes entering and leaving the Vancouver Port through administrative review of marine shipment documents and where necessary inspection of shipping containers at dockside. A total of forty marine related shipments were screened and were found all in compliance with the EIWHRs. 02-08 Ocean Disposal in British Columbia Ocean disposal refers to the lawful disposal at sea of substances from and including ships, aircraft, platforms or other structures, incineration at sea and the disposal of substances on ice. Ocean disposal does not include substances which may be harmful to the marine environment, including hazardous waste. Canada joined more than 70 countries in ratifying the London Convention (1972), an international agreement for the prevention of marine pollution by the dumping of wastes at sea. Canada's international obligations under this Convention are met under the provisions of the Canadian Environmental Protection Act (CEPA), Part 7. Environment Canada issues permits under Part 7 that place controls on the nature of materials for disposal, the location of loading and disposal, timing and methods of disposal and amounts to be disposed of. There are currently 36 designated ocean disposal dump sites in British Columbia.
Between April 2001 to March 2002, thirty-one ocean disposal permits were issued in the Pacific & Yukon Region. A total of 91 project approvals were authorized under these permits. Of the 91 projects notified, 29 site inspections (32% of the total approved projects) of dredging and excavation operations were completed by CEPA enforcement officers. Two Warnings (Moser Marine Project Resources and Alberni Reef Society) were issued for operations that failed to meet the terms and conditions of their ocean disposal permits. 02-09 Ozone Depleting Substances Regulations In June 1994, the Ozone-depleting Substances Regulations (ODSR) No. 1, 2 and 4 were consolidated / amended and retitled as the ODSR under the Canadian Environmental Protection Act (CEPA) to control the manufacture, use, sale, import, and export of bulk quantities of ozone depleting substances. The controlled substances covered by the ODSR include: chlorofluorocarbons (CFCs), halons, methyl chloroform (MCF), carbon tetrachloride (CCl4) and hydrobromofluorocarbons (HBFCs). The 1994 and December 1995 amendments to the ODSR added methyl bromide (MBr) and hydrochlorofluorocarbons (HCFCs), respectively to the list of controlled substances.
In June 1994, the Ozone-depleting Substances Regulations No.3 (Products) was amended and retitled Ozone-depleting Substances Products Regulations (ODSPR) under the CEPA. The ODSPR prohibits the manufacture, import, sale and offer for sale of certain products containing CFCs. On January 1, 1999, the ODSPR were repealed and the requirements amalgamated into the ODSR which came into force on the same date. Between April 2001 and March 2002, Environment Canada enforcement officers conducted 28 site inspections, 10 administrative verifications and 45 screenings of known importers of ozone depleting substances and methyl bromide users. Warnings were sent to eight importers of methyl bromide for late and/or non-reporting. Six of the 28 site inspections involved the collection of eight aerosol products suspected of containing ozone depleting substances. Laboratory analysis of these aerosol products indicated that no regulated substances were present. 02-10 Gas and Diesel Fuel Regulations Air pollution is a threat to terrestrial and aquatic ecosystems and to human health. Legislation and its enforcement as well as industry cooperation has reduced emissions of industrial pollutants considerably and transportation has emerged as the largest single source of air pollution in B.C. This is especially true in urban areas. Lowering the sulphur content of fuels will directly reduce emissions of harmful primary air pollutants such as sulphate particulate matter, sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOCs), carbon monoxide (CO) and benzene by enabling vehicle pollution control systems to function more efficiently. These emission reductions will lead to lower ambient air concentrations of secondary pollutants such as ground level ozone and particulates. Lowering the concentration of benzene in gasoline will also improve air quality, and protect the health of the environment and of Canadians. The federal government, in cooperation with provincial regulators, has introduced a comprehensive program to improve air quality through regulation of fuel parameters and vehicle emission controls. In 2000, Environment Canada completed a fuel sampling program at retail facilities in the Lower Mainland, Vancouver Island and Okanagan as well as in Prince George and Northern B.C.. A continuation of this program was completed in the Yukon. During the 2001 inspection period, gasoline and diesel fuel samples were collected at retail outlets near the Fraser Border Crossing, the Beaver Creek Border Crossing, and in the Whitehorse area. Fifty samples were collected in total, and of these 30 were analyzed for the sulphur content of gasoline, 14 were analyzed for the sulphur content of diesel, and 6 were analyzed for the benzene content of gasoline.
The average concentration of sulphur in the gasoline samples collected was 175.7 µg/g, the average concentration of sulphur in diesel was 244.7 µg/g, and the average concentration of benzene in gasoline was 0.84% b/v. All gasoline samples collected were found to be in compliance with the Gasoline Regulations and the Benzene in Gasoline Regulations.
Of the diesel samples collected, only one diesel fuel sample was not in compliance with the Diesel Fuel Regulations. This sample was collected in Mayo, Yukon and contained a sulphur concentration of 674.0 µg/g (174.0 µg/g higher than the maximum allowable limit). Three Warnings were issued during inspections under the Diesel Fuel Regulations. 02-11 Metal Mining Liquid Effluent Regulations Mining activity is widespread in British Columbia and the Yukon and includes: extraction of mineral ores containing metals such as copper, zinc, gold, silver, coal and magnetite through underground adits or surface open pits; milling of the extracted ore; and the treatment of liquid milling wastes in surface tailings ponds that discharge to the environment. The extraction and milling of mineral ores can generate effluents containing deleterious substances that pose a serious risk to the aquatic environment. Surface water and groundwater can react with sulphur in waste rock to form acid mine drainage (AMD) that can dissolve minerals containing heavy metals such as copper and zinc. The resulting effluents can be acutely lethal to fish and destroy fish habitat, resulting in violations of Sections 36(3) of the Fisheries Act (FA). Metal mining activities are regulated under the FA Metal Mining Liquid Effluent Regulations (MMLER).
Site Inspections In 2001 the Myra Falls mine near Campbell River was inspected and was found to be out of compliance with the MMLER. An Inspectors Direction was issued directing the company to correct the violations. Company Compliance Data Company-submitted monitoring data was available for five mines. As a result of the data review, Kemess mine and Myra Falls mine were found to be out of compliance for exceeding the discharge limits of the regulations. 02-12 Pulp and Paper Effluent Regulations
There are 26 mills in British Columbia which are subject to the federal Pulp and Paper Effluent Regulations (PPER). These regulations "prescribe certain deleterious substances" related to the effluent from pulp and paper mills and off-site treatment facilities and authorize the deposit of limited quantities of the substances under specific conditions. The PPER and the Port Alberni Pulp and Paper Effluent Regulations (PAPPER) came into effect on May 7, 1992 and Nov. 12, 1992 respectively. These regulations control the discharge of biochemical oxygen demand (BOD), total suspended solids (TSS), acutely lethal effluent (ALE) and stipulate technical and reporting requirements.
In the year 2001, 27 site inspections took place and 117 administrative verifications were completed by Environment Canada enforcement officers. During the year there was one day of acutely lethal effluent (ALE) discharge from the mills, compared to 1990 when 3,935 days of ALE discharge was recorded.
Out of 3,738 BOD tests there were 0 daily and 0 monthly BOD exceedances during the year, and out of 7,783 TSS tests there were nine daily and four monthly TSS exceedances. The TSS exceedances were primarily from the Western Pulp Mill in Port Alice. All mills demonstrated a high degree of compliance with the technical and administrative requirements of the regulations. Warnings were sent to two Norske Skog mills (Elk Falls and Crofton) and one Pacifica Pulp mill in Powell River. 02-13 New Substances Notification Regulations The New Substances Notification Regulations (NSNR) are designed to anticipate and prevent the introduction into Canada of any substance that may pose a risk to the environment and human health. This includes substances that are toxic, persistent in the environment or bioaccumulative. The 1994 Regulations initially dealt with chemicals and polymers but were amended in 1997 to include the products of biotechnology. The NSNR require that specified information be reported on all substances imported or manufactured if (a) the substances are new to Canada and (b) the volume reaches a specified amount. New substances are divided into five broad categories for purposes of the NSNR. The trigger quantities, information requirements, the assessment period and possible controls vary between these categories. Facilities that import or manufacture new substances must notify Environment Canada and these notifications are used to identify facilities for inspections. Inspections include on-site reviews and the examination of analytical reports, invoices, sales and purchase orders and Canada Customs documentation. Enforcement officers will also verify that conditions imposed by the Minister are met.
Between April 2001 to March 2002, Environment Canada conducted 18 inspections at facilities of suspected importers of substances new to Canada. An additional 24 screenings of marine shipments were completed to verify compliance under the NSNR. All of the inspections and screenings were in compliance with the regulations. 02-14 Storage of PCB Material Regulations
These regulations deal with the safe storage of all materials (wastes
or equipment) that contain a concentration equal to or higher than 50
parts per million (ppm) of PCB. Following the St. Basile-le-Grand incident
in 1988, the federal government issued and Interim Order on PCB waste
storage. Two situations principally responsible for the fire were (1)
uncontrolled access to the PCB storage site and (2) inappropriate storage
of PCB contaminated materials. The Interim Order was made to correct these two problems and put in place other measures to ensure secure and environmentally safe storage of PCB wastes. In 1992, the Storage of PCB Material Regulations replaced the Interim Order. Between April 2001 and March 2002, Environment Canada enforcement officers inspected 66 federally regulated and/or provincially regulated sites. An additional 21 administrative inspections were completed to verify compliance with the reporting requirements under the Storage of PCB Material Regulations. The inspections identified several provincially regulated facilities which had been operating PCB storage sites with expired storage permits. Non-compliance with the Regulations was observed lowest with the maintenance/inspection requirements and highest with the general storage requirements. As a result of these violations, Warnings were issued to three facilities found storing PCBs not in accordance with the Regulations. The PCB materials from these facilities have since been shipped to the Swan Hills PCB destruction facility for final disposal. 02-15 Federal Halocarbon Regulations Canada is signatory to The Montreal Protocol on Substances that Deplete the Ozone Layer, an international treaty designed to control the production, importation and use of certain ozone-depleting substances (ODS). In order to meet its commitments under the Montreal Protocol, Environment Canada has developed regulations to address this issue. In July 1999, Environment Canada promulgated the Federal Halocarbon Regulations (FHR), under the authority of the Canadian Environmental Protection Act (CEPA). The purpose of the regulations is to reduce emissions of ODS from federal departments, agencies, boards and areas under Federal jurisdiction. These regulations apply to refrigeration, air conditioning, solvent cleaning and fire protection systems that contain halocarbons. They apply to systems that are owned by the Government of Canada and located on federal lands, on aboriginal lands, or are owned by federal works or undertakings. Persons servicing or maintaining such equipment are also subject to these regulations.
Between April 2001 and March 2002, Environment Canada enforcement officers inspected 39 facilities resulting in 21 Warnings being issued to various federal departments and other federal works and undertakings for violations of the FHR. Violations were primarily administrative, i.e. related to records and documents required pursuant to the FHR. Follow-up inspections were conducted at ten facilities who had received Warnings on previous inspections. Subsequent re-inspections of ten facilities demonstrated compliance with the regulations. The use of Administrative mechanisms (Warnings) to address minor violations of the regulations proved to be effective enforcement tools in compelling regulated facilities to achieve compliance. 02-16 Fisheries Act Inspections The federal government has a responsibility and jurisdiction to protect and conserve Canada’s fisheries resource under the British North America Act (now the Constitution Act, 1982). As early as 1868, the Parliament of Canada enacted the Fisheries Act (FA) to enable it to carry out this responsibility. The FA has specific sections that pertain directly to the protection of fish and fish habitat, and management of the fisheries resource. Under Prime Ministerial Direction (1978), Environment Canada is responsible for enforcing subsection 36(3) of the Act, commonly referred to as the "pollution prevention provisions of the FA." Subsection 36(3) prohibits the deposit of substances that are deleterious to fish into a place where the substance may enter or does enter waters that are frequented by fish. Subsection 36(4) of the FA provides for regulations to be written that allow the discharge of "deleterious substance" in limited quantities or under certain conditions. Between April 2001 to March 2002, Environment Canada enforcement officers conducted 252 site inspections under the pollution prevention provisions of the FA. Of these 252, 82 inspections were conducted at a number of businesses operating in an area known as the Byrne Creek watershed and 27 inspections were conducted at each of the five Greater Vancouver Regional District (GVRD) Waste Water Treatment Plants (WWTP). Byrne Creek Watershed
The Byrne Creek system located on Burnabys south slope is a significant fish bearing stream that supports small populations of salmon and trout. The water quality in this system however is poor and at times deleterious, such that numerous fish kills have occurred over the past years. Water samples collected and analyzed were found to contain varying types and quantities of chemical substances known to be associated with the commercial and industrial operations in the community. As it stands today the runoff from the catchment area threatens the recreational and ecological value of the Byrne Creek system.
Environment Canada and the City of Burnaby collaborated their efforts and developed an integrated compliance promotion and enforcement action plan that was designed to systematically help improve water quality in the Byrne Creek catchment area. The plan included Community Awareness, distribution of Best Management Practices booklets for high profile industries in the area and inspections of specific high risk facilities.
During the course of the inspection period, all actual and potential pollution sources identified were followed up with corrective action. The Automotive industry was found to be the most problematic sector in the catchment area. Generally poor house keeping practices and uncontrollable spills were the most common problems. The 2001-2002 inspections brought about significant changes to the businesses that operate within two of the five tributary catchment areas. The three remaining catchment areas will be inspected in 2002 /2003. Greater Vancouver Regional District Waste Water Treatment Plants
Environment Canada conducted bimonthly inspections at each of the five GVRD WWTP's over the course of the year. The effluent samples collected at the two primary treatment plants and the three secondary treatment plants produced distinctively different results. The North West Langley and Lulu Island WWTP's consistently passed all of the 96 hour LC50 fish bioassay tests.
However, the Annacis Island WWTP which is also a secondary system failed three out of the five bioassay tests. Lion's Gate and Iona Island, the primary WWTP's, performed the most poorly. All Lion's Gate WWTP samples collected by Environment Canada failed the 96 hour LC50 fish bioassay. Iona Island failed three out of the six bioassay tests. Warnings were issued to the GVRD for Lion's Gate and Iona WWTP's.
The failures that occurred at three of the WWTP have been acknowledged by the GVRD and they recognize the fact that they are not in compliance with the general prohibitions of the FA. The GVRD is proposing changes over the next number of years. The changes are to be incorporated into the Liquid Waste Water Management Plan. Warnings were issued to two companies (Interfor-Maple Ridge, Hammond Division and Seaspan) for depositing a deleterious substance into waters frequented by fish. Seven Inspector's Directions were issued for discharges of a deleterious substance into waters frequented by fish. During this reporting period, four FA investigations were initiated. Three are currently on-going and one investigation resulted in a successful prosecution against MacKenzie Petroleums for a violation of 36(3) of the FA on September 25, 2002. For more information, please write or call: Head, Inspections Section Phone: (604)666-3056 |
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