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Vol. 139, No. 45 — November 5, 2005 Regulations Amending the Pleasure Craft Sewage Pollution Prevention RegulationsStatutory authority Canada Shipping Act Sponsoring department Department of Transport REGULATORY IMPACT (This statement is not part of the Regulations.) Description The Pleasure Craft Sewage Pollution Prevention Regulations (PCSPPR), made pursuant to the Canada Shipping Act (CSA), were developed in the early 1990s to address concerns about the damage done to sensitive marine areas as a result of the discharge of human excreta and sewage (hereinafter referred to as sewage) from pleasure boats. The Regulations prohibit the discharge of sewage from pleasure craft into designated bodies of water. In addition, while in designated waters, any pleasure craft fitted with a toilet must also be fitted with a holding tank and fittings appropriate for the removal of the tank's contents by shore-based pumping facilities. These Regulations do not apply to grey water, which is wastewater from receptacles other than toilets, such as sinks. The provisions of the PCSPPR also affect non-pleasure craft, under the Non-Pleasure Craft Sewage Pollution Prevention Regulations (NPCSPPR), in that these boats are also prohibited from discharging sewage in those areas set out in the Schedule to the PCSPPR. Non-pleasure craft, however, are not required to have holding tanks. The PCSPPR are applicable to specific bodies of water. To date, British Columbia and Manitoba have each designated bodies of water in the Schedule to the Regulations. Also, the Province of Ontario has placed provincial restrictions on the Great Lakes that are similar in nature to the PCSPPR. The proposed amendment will add the Bras d'Or Lake in Nova Scotia to the Schedule. This includes all connected waters inside a line joining Carey Point to Noir Point in Great Bras d'Or, southwards of Alder Point in Little Bras d'Or and northwards of the seaward end of St. Peters Canal. The discharge of sewage into the aquatic environment has been shown to have serious impacts on human and ecological health. Public health risks arising from the contact with the large numbers of different disease-producing organisms that can be found in human waste are significant. Exposure to these organisms directly or through ingestion of contaminated seafood can cause serious illnesses. Sewage contamination in drinking water can cause diarrhoea, intestinal worms, trachoma, hepatitis and schistosomiasis. The decomposition of sewage and chemicals associated with the treatment of sewage, such as chlorine and formaldehyde, also has severe ecological effects. Additions of sewage may cause eutrophication, or nutrient enrichment, of the water body. This leads to enhanced algal growth and eventually large amounts of dead algae settling to the bottom of the lake. Decomposition of organic matter (sewage and dead algae) consumes oxygen and can lead to hypoxia in deep water, thereby suffocating deep-water species and causing subsequent changes to the ecological structure of freshwater and marine communities. The growing number of recreational boats in the Maritimes that have access to Bras d'Or Lake and the long-term chronic discharges of sewage into the lake have exacerbated the problem of sewage pollution. Sewage effluent from vessels is directly responsible for the closure of shellfish harvesting areas and has created "dead zones" or areas of hypoxia. Aesthetic or visual degradation of water quality is another negative result of sewage pollution. In Nova Scotia, the degeneration of the pristine environment could be very detrimental to that province's tourism industry. On the lake, sewage is being released into recreational areas, causing significant public health risks. Many of the lake's popular boating and mooring areas are also common locations for shellfish beds, fish spawning and desirable swimming areas and beaches. Requests to address this problem have been received from a broad spectrum of the public, environmental groups, government and non-government agencies. Determination of site The Bras d'Or Lake was first identified at the local level by provincial, municipal and private stakeholder groups through application to the Office of Boating Safety (OBS), Transport Canada (TC), Atlantic Region. This application was reviewed by the regional OBS to ensure that the area being considered had met screening criteria outlined in a study entitled A Process to Designate Areas Under the Pleasure Craft Sewage Pollution Prevention Regulations. This study is also known as the Acres Report. Once the proposed designation was approved by the regional OBS, TC developed a regulatory amendment to designate the selected area in the Schedule to the PCSPPR. Under the designation process, bodies of water with shellfish harvesting beds are treated as a priority for designation due to public health concerns related to the consumption of contaminated seafood. Also, system low flushing action, boat traffic density and the presence of swimming beaches and recreational areas are also considered as important factors when determining areas for designation. Alternatives Alternatives have been reviewed over a period of almost 10 years by local groups and different levels of government. Advertising and information campaigns have been implemented but have not been effective in reducing the occurrence of swimming beach and shellfish harvesting bed closures due to sewage contamination. Since 1991, there have been organized groups concerned about the health of Bras d'Or Lake, and these groups understand the necessity of resource management. The following is a list of the groups concerned about the health of the lake:
There have also been multiple programs developed to help educate waterway users on how to protect the aquatic environment, such as the Pitu'paq Partnership, Sewage Pollution Prevention Pamphlets; the Clean Boating Program, Environment Canada; Camp Green Canada; Tourism Industry Association of Nova Scotia; Bluenose Atlantic Coastal Action Program (ACAP) and other ACAP programs; and the Atlantic Coastal Zone Information Steering Committee. Unfortunately, instances of shellfish harvesting bed and swimming beach closures are still happening. There are currently 48 shellfish harvesting area closures within the Bras d'Or Lake area. There have also been several cases of beach closures and reports of algae blooms. Consequently, although these non-regulatory education programs and information campaigns will continue to be employed, they have proven ineffective at changing the behaviour significantly enough to achieve the objective of reducing sewage discharge. Surveys of recreational boaters and marina operators determined that a campaign of persuasion and voluntary compliance would not encourage sufficient numbers of boaters to install holding tanks. The Bras d'Or Lake is an internationally renowned sailing destination and is accessible to a wide range of boats that come from other parts of Canada, the United States and other countries, giving access to a large population base. Transient waterway users visiting the lake may be unaware of the local education initiatives and may discharge sewage into the lake. It is also difficult to establish voluntary compliance where transient boaters feel that they do not have a responsibility for the protection of the lake. These people will not be held accountable for their actions without proper enforceable restrictions in place. In addition, reports by the United States Fish and Wildlife Service indicate that their strict no-discharge regulations have resulted in the dramatic improvement of water quality in several states where this information is being carefully recorded. Sewage treatment devices The use of marine sewage treatment devices alternate to a holding tank was discussed during consultations. Sewage treatment devices process boat sewage to varying degrees. In the United States, sewage treatment devices (called marine sanitation devices Type I and Type II) macerate and chemically treat sewage to varying degrees before release. Type III marine sanitation devices are holding tanks. Because Type I and II marine sanitation devices treat sewage chemically, often with chlorine, formaldehyde, ozone, or perchloric acid, the resulting effluent is often more toxic to the environment than the sewage itself. Bras d'Or Lake has many arms. Often these water arms have barriers (i.e. very deep areas or physical barriers) that reduce the flush rate to reach the ocean. Contaminants discharged into these waters during the treatment of sewage by marine sanitation devices will take up to 184 days to dissipate, resulting in environmental impacts on Bras d'Or Lake. The use of sewage treatment devices is not within the scope of these amendments to the Regulations. In the area designated for no-discharge status, the use of these devices would not affect the closure of swimming areas and shellfish harvesting areas. Benefits and costs A cost-benefit analysis prepared by Gardner and Pinfold Consulting (June 2003) projects that the proposed designation will produce an overall net benefit (using mid-range values over a 20-year period) of $1.8 million. The study quantified benefits on avoided losses in oyster production in one harbour only, which outweighed the costs of refitting boats, implementing the designation and potential loss of business. Additional qualitative benefits expected include higher property values, reduced health risks from recreational contact and consumption of fish and shellfish and increased value placed on ecosystem and water quality by individuals and households. Very large numbers of different disease-producing organisms can be found in the fecal discharges of ill and healthy persons. Public health risks arise from contact with disease-causing bacteria, viruses or yeast and from infections by internal parasites such as worms and their eggs. Exposure to these and other organisms can cause dysentery, infectious hepatitis, salmonella, various types of diarrhoea and many other illnesses. As previously mentioned, the indiscriminate release of sewage has also been linked to illness caused by the consumption of contaminated shellfish and other seafood. Sewage discharge contaminates bivalve shellfish, which leads to the closure of productive commercial, recreational and aboriginal shellfish fisheries. The aquaculture industry will benefit from the designation, as the reduction of sewage discharge in these sensitive areas will lead to a reduction of harvesting closures and will add an additional level of product quality assurance from the knowledge that the water in the area will be properly managed to the highest possible standard. The ecological impact of sewage discharge occurs, in part, through the effect it has on the amount of dissolved oxygen in the surrounding water and the resulting stress this causes on aquatic animals. Sewage and chemicals used to treat sewage, on decomposition, will rob oxygen from the surrounding water, a process known as biological oxygen demand. The greater the amount of sewage or chemicals added to a marine area, the greater the amount of oxygen extracted from the surrounding water. Furthermore, the nutrient component of sewage can cause algae bloom. Both the growth and decomposition of algae will also cause an increase in biological oxygen demand. A decreased amount of oxygen will cause eutrophication, or changes to the ecological structure of a marine or fresh water community. This is manifested in the smothering of organisms at the bottom of the food chain. Once all of the oxygen is consumed, the water becomes unfit for most forms of life. The tourism and the aquaculture industries are the main areas of the economy most severely affected by the discharge of sewage. They will benefit the most from the designation of this area under the PCSPPR. Designating these sites will improve recreation areas in the vicinity, decrease health hazards, make drinking water safer, enhance fish and wildlife habitat and increase property values. Tourism is a strong and vital part of the Nova Scotia economy, and a pristine environment is a key attraction. A positive public perception of the health of Bras d'Or Lake is an important consideration. Taking a leadership role for the conservation and protection of natural resources and ensuring that resources are used in a sustainable way represents environmental stewardship and supports ethical decision-making regarding other sustainable development projects. Costs Over 800 recreation vessels use Bras d'Or Lake during the season; of these, 60 percent are believed to be local vessels and 40 percent are believed to be transient. Of the transient traffic, boats from Ontario and the United States will already be fitted with holding tanks to comply with their local laws. Also, newer vessels are more likely to be fitted with a holding tank. Vessels that are 18 to 26 ft. in length are now frequently being fitted with "porta-potties" and compost toilets at a substantially lower cost than to refit a vessel. Pleasure craft over 26 ft. in length will be the group most affected by the proposed designation. Of the 450 local boats having fixed heads, at least 5 percent do have holding tanks, and a survey done of Maritimes marinas found that 66 percent of local boats have toilet facilities on board. The same study reported that 84 percent of visiting vessels have a holding tank. Average refit costs range from $100 for portable units, $600 for a bladder tank and $1,500 for holding tank systems. The refit costs associated with the new designations will be borne by vessel owners. Community groups and small business owners are willing to sponsor additional pump-out stations ($102,000) if necessary, coordination costs for facilitation of new pump-out stations and upgrades ($40,000) and coordination and development costs of brochures, Web site upgrades, signage and distribution ($45,000). Five private companies are currently providing pump-out services; those services are available at locations throughout Bras d'Or Lake. For those boaters choosing to pump out at a shore side facility, the cost will vary from being no charge to $15 per service. Barge and sewage "pick-up" services proposed by some private interests will presumably cost more. Communities with a municipal sewage system can more readily and cost-effectively absorb the added volume from a pump-out facility. Consultation The public in Nova Scotia has been consulted at many different levels and through various mechanisms. Public education involved on-water communications, target and focus groups, media, newspapers and publications, Web sites, phone calls and mail distribution of information packages. Dissemination included, but was not limited to, community groups and societies, environmental groups, scientists, concerned citizens, boating organizations, First Nations, political representatives, media, fishing groups, and business organizations. Public presentations were done at 14 locations around the lake and at the Halifax International Boat Show. Signage (over 35 locations) was strategically placed around Bras d'Or Lake for the summer and brochures (over 3 000) were distributed at major events and locations that were frequented by waterway users. Within the past 10 years there have been numerous improvements on many fronts to lessen the harmful impacts on Bras d'Or Lake, including upgrades to centralized treatment systems (over $10,000,000 in improvements) and private on-site systems ($1,904,000 in improvements), and the discontinued use of pesticides by the forest industry and fish dragging in the lake. In 2001, the five First Nations and five municipalities of the Bras d'Or came together in agreement and in partnership to address on-site sewage and sewage treatment issues in Bras d'Or Lake through the Pitu'paq Partnership. This partnership is currently engaged in establishing meaningful baseline data, identifying key areas for wastewater management districts and obtaining funding and community support for them, creating new by-laws for homeowners, working with all Bras d'Or communities to establish a comprehensive approach to sewage issues and addressing centralized treatment plant facilities deficiencies. In addition, the Pitu'paq Partnership Web site hosted all information regarding the proposed designation and also allowed and encouraged people to provide their comments on the proposed designation. At the local level, applications were reviewed with affected and interested parties and were supported by local government bodies. At 12 of 14 meetings, the overall reception of the proposed designation was positive and supportive. In total, more than 230 people attended the 14 meetings, 168 pieces of correspondence were received from individuals and community organizations and 298 people signed the comment sheet at the Halifax International Boat Show. Through all communication mediums, the result was overwhelming positive support for the designation. Strategic environmental assessment A preliminary scan for environmental impacts has been undertaken in accordance with the criteria of Transport Canada's Strategic Environment Assessment Policy Statement of March 2001. The preliminary scan has led to the conclusion that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination. Compliance and enforcement The objective of the Pleasure Craft Sewage Pollution Prevention Regulations is to eliminate the discharge of sewage from vessels in designated areas. Environment Canada supports the designation and has taken responsibility for the enforcement. The enforcement costs will be the responsibility of Environment Canada and Transport Canada, and enforcement is not expected to require new assets or additional resources. The enforcement and compliance strategy involves a phased-in approach over four years. The process will begin with educational programs to encourage voluntary compliance with environmental regulations and progress into a full enforcement program. Public notification and awareness of newly designated sites will be established through press releases, media interviews, signage at site locations, and identification on hydrographic charts and sailing directions. Persons are designated as enforcement officers by the Minister of the Environment under the Canadian Environmental Protection Act, 1999, and Regional Transport Canada Officers and Inspectors are designated by the Minister of Transport as pollution prevention officers under paragraph 661(1)(a) of the Canada Shipping Act for the purpose of enforcement of the Pleasure Craft Sewage Pollution Prevention Regulations and the Non-Pleasure Craft Sewage Pollution Prevention Regulations. In the event of a contravention of the Regulations, the Canada Shipping Act provides for court-imposed penalties, which include fines of up to $1,000,000 and imprisonment for a term not exceeding three years. No increase in the cost of enforcement is anticipated. Tom Morris, AMSEE, Manager, Environment Protection, Marine Safety, Transport Canada, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 991-3170 (telephone), (613) 993-8196 (fax). Notice is hereby given that the Governor in Council proposes, pursuant to subsection 656(1) (see footnote a) and section 657 (see footnote b) of the Canada Shipping Act, to make the annexed Regulations Amending the Pleasure Craft Sewage Pollution Prevention Regulations. Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Tom Morris, Manager, Environmental Protection (AMSEE), Marine Safety, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8 (tel: (613) 991-3170; fax: (613) 993-8196; e-mail: morrist@tc.gc.ca). Ottawa, October 24, 2005 DIANE LABELLE REGULATIONS AMENDING THE PLEASURE CRAFT SEWAGE POLLUTION PREVENTION REGULATIONS AMENDMENT 1. Part 1 of the schedule to the Pleasure Craft Sewage Pollution Prevention Regulations (see footnote 1) is amended by adding the following after item 3 under the subheading "Manitoba": Nova Scotia
COMING INTO FORCE 2. These Regulations come into force on the day that is four years after the day on which they are registered. [45-1-o] R.S., c. 6 (3rd Supp.), s. 84 S.C. 1993, c. 36, s. 5 SOR/91-661 |
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