HomeMy WebLinkAboutCS 12-12
City Report to
Executive Committee
PI rKERING Report Number: CS 12-12
50 Date: April 10, 2012
From: Everett Buntsma j
Director, Community Services
Subject: Great Lakes Protection Act
File: A-1440
Recommendation:
1. That Report CS 12-12 of the Director, Community Services, regarding the Great
Lakes Protection Act be received;
2. That the City Clerk forward a copy of Report CS 12-12 to the Ontario Minister of
the Environment for consideration as input into the proposed Great Lakes
Protection Act;
3. That the Province be requested to provide consideration for the provision of a
stable infrastructure funding source for municipalities to undertake required
retrofits;
4. That the Province be requested to immediately update the Stormwater
Management Planning and Design Manual so that Municipalities have the tools
they need to ensure their stormwater systems are resilient in light of climate
change; and
5. That the City Clerk forward a copy of Report CS 12-12 to The Regional
Municipality of Durham, Toronto and Region Conservation, Central Lake Ontario
Conservation, and the area municipalities in Durham Region.
Executive Summary: The Great Lakes are a valuable asset for all Canadians.
Protection of this unique ecosystem is important to ensure. its viability of remaining a
significant resource and asset. In the November 22, 2011 throne speech, the Ontario
government announced plans to develop and introduce a Great Lakes Protection Act.
On February 13, 2012, Mayor Ryan was invited to attend a meeting with the Minister of
the Environment, the Honourable Jim Bradley, and other municipal leaders, to discuss
the issues and impacts surrounding the Great Lakes.
New and re-emerging issues surrounding the Great Lakes include climate change,
chronic low water levels, invasive species, and degraded water quality. Climate change
projections indicate an increase in intense rain events, which will impact the Great
Lakes by increased soil erosion, land and water quality degradation, flooding and
infrastructure failure. Chronic low water levels will have a huge economic impact on
1
Report CS 12-12 April 10, 2012
Subject: Great Lakes Protection Act Page 2
51
municipalities with respect to tourism, recreation and commercial components. The
Province needs to immediately update the Stormwater Management Planning and
Design Manual so that municipalities have the tools they need to ensure their
stormwater systems are resilient in light of climate change.
In order to meet the shared goals of economic and social development as well as
protecting the environment, municipalities must have a stable source of infrastructure
funding. Municipalities cannot make these investments alone, this requires financial
assistance to follow through with retrofit projects that deal with flooding, water quality
and erosion, all of which have an impact on the water quality of Lake Ontario and the
Great Lakes as a whole.
Financial Implications: Not Applicable
Discussion: One of North America's greatest natural resources is the Great
Lakes. It is the largest freshwater ecosystem in the world, with over 98 per cent of
.Ontario residents living within its' watersheds. The Great Lakes hold 20 per cent of the
world's available freshwater, and supplies clean drinking water to over 70 per cent of
Ontarians. They also fuel our economy by providing water for industries such as:
factories, pulp and paper production, farming and power generation. The Great Lakes
are also extensively used for shipping and support a valuable commercial fishing
industry as well as tourism and recreational activities. More than 33 million people now
depend on the Great Lakes for industrial, agricultural and residential needs.
The Great Lakes are a valuable asset for all Canadians, but they are vulnerable and
facing pressures like climate change, habitat loss and degradation, pollution, invasive
species, and other threats. Protection of this unique ecosystem is important to ensure
its viability of remaining a huge resource and asset.
In the November 22, 2011 throne speech, the Ontario government announced plans to
develop and introduce a Great Lakes Protection Act. On February 13, 2012, Mayor
Ryan was invited to attend a meeting with the. Minister of the Environment, the
Honourable Jim Bradley, and other municipal leaders, to discuss the issues and impacts
surrounding the Great Lakes. The following represents the discussion that occurred
during the meeting, including some issues and items for consideration made by the City
of Pickering for inclusion into the proposed legislation.
Issues
The Great Lakes' ecosystem new and re-emerging issues include climate change,
chronic low water levels, invasive species, and degraded water quality
The integrity and future of the Great Lakes' ecosystem is threatened not only by the
familiar problems of the past, such as pollution from legacy toxic chemicals like PCBs,
CORP0227-07/01 revised
~ eport CS 12-12 April 10, 2012
Subject: Great Lakes Protection Act Page 3
DDT and mercury, but by the impact of new challenges and threats. Despite the
progress that has been made with respect to the 43 Areas of Concern, that were
identified in the mid-1980s under the revised Canada-United States Great Lakes Water
Agreement, much more work is required as concerns over non-point source pollutants
and new classes of chemicals are on the rise. New and re-emerging issues
surrounding the Great Lakes are: climate change, chronic low water levels, invasive
species, and degraded water quality. These issues are not independent of one another,
rather, they are interrelated, with a change in one affecting the others. At the core of all
the issues is climate change, which is exacerbating the Great Lakes' ability to remain a
resilient ecosystem that can overcome these threats.
The Great Lakes are vulnerable to a changing climate
Recent studies have indicated that rising temperatures and changes in precipitation
that are characteristically known as climate change will have a huge impact on the
Great Lakes' water resources. A changing climate will affect both water quality and
quantity. Rising temperatures in both air and water increases the rate of evaporation
which in turn results in lower lake levels, reduced ice cover and longer renewal times for
the lakes, despite increased precipitation. The increased variability in timing, intensity
and duration of precipitation is expected to increase the frequency of droughts and
floods in the Great Lakes' region. There is a misconception that the Great Lakes
replenish themselves each year with rainwater. This is not true, they are renewed by
precipitation at a rate of only 1 per cent per year.
Chronic low water levels will have a huge economic impact on recreation and
tourism opportunities for municipalities
Historically, water levels within the Great Lakes have been artificially controlled
following the construction of the Moses-Saunders hydropower dam and the St.
Lawrence Seaway in the late 1950s, which were required to control the flow of the water
levels in order to promote marine traffic and trading.
Changing water levels have also historically impacted the shoreline wetlands and
marshes that surround Lake Ontario, such as Frenchman's Bay in Pickering. By not
having the natural fluctuating water levels they had prior to opening of the Seaway, the
plant communities and succession of the wetlands were disrupted and therefore altered.
Climate change will only exacerbate this situation even further, which will diminish the
wetlands' ability to offer water quality functions and flood control protection.
Chronic low water levels will have a huge economic impact on municipalities with
respect to tourism, recreation and commercial (such as Oshawa Harbour) components.
Lower water levels will expose more shorelines, diminishing the aesthetics and
enjoyment of recreational properties. The access to'harbour entrances could be
significantly impacted by compromising the boaters' ability to safely get in and out of
harbours. Design changes to harbor entrances and increased dredging may be
required to maintain these operations in the future. Recently, the City of Pickering has
CORP0227-07/01 revised
Report CS 12-12 April 10, 2012
53
Subject: Great Lakes Protection Act Page 4
completed an environmental assessment for the Frenchman's Bay Harbour Entrance,
which will result in the creation of a safe harbour entrance that supports the marine
functions of the Bay, while preserving and enhancing the ecological conditions.
Invasive species have radically altered Great Lakes food chains and processes
Invasive species or non-native species are nothing new to the Great Lakes; to date an
estimate of 163 non-native aquatic species has been introduced into the Great Lakes
over the last 200 years. The introduction of commercial ships following the opening of
the St. Lawrence Seaway, resulted in the dumping of ballast water from foreign ships
into the Great Lakes, introducing organisms from all over the world. Ballast water is
assumed to be responsible for 55 to 65 per cent of the recorded aquatic invasions.
Though seemingly harmless, many invasive species, like zebra mussels and sea
lamprey eels, are permanently altering the health of the Great Lakes ecosystem by
competing for resources and habitats with native species, and causing tremendous
economic damage.
Climate change will aggravate the existing invasive species problems in the Great
Lakes, and warmer waters could also lead to an invasion by new exotic species. Lower
lake levels and increased air temperature will also lead to more invasive plant species in
shoreline wetlands, again leading to a change in function for the wetland communities.
Furthermore, both the feeding and spawning activities of carp are readily known to
uproot and crush aquatic plants, such as the emergent and submergent vegetation in
the coastal wetlands and marshes, which has led to installation of carp barriers in an
attempt to save these wetland complexes from destruction.
Degraded water quality will continue with new pollutants and increased intense
rain events
Degraded water quality of the Great Lakes is a long standing issue as evidenced by the
Great Lakes Water Quality Agreement between the United States and Canada, which
was first signed by both countries in 1972 and has been amended and revised in 1978
and 1987. The Water Quality Agreement is currently being renegotiated between the
two countries to address new threats and concerns, including the proliferation on non-
point source pollutants including the introduction of a whole new class of chemicals
including endocrine disrupters as well as pharmaceuticals, flame retardants,
plasticizers, and pesticides, none of which are covered by the Agreement.
As stated above, climate change projections indicate an increase in intense rain events,
which will impact the Great Lakes by increased soil erosion, land and water quality
degradation, flooding and infrastructure failure. Furthermore, warmer waters are
conducive to algae growth and reduced water levels mean that water quality targets
would be harder to meet, and costs of water quality control would increase.
CORP0227-07/01 revised
Report CS 12-12 April 10, 2012
Lakes Protection Act
Subject: Great
5 4 Page5
Items for Consideration
In order to meet the shared goals of economic and social development as well as
protecting the environment, municipalities must have a stable source of
infrastructure funding
Ontario Municipalities own the bulk of the infrastructure in the Province and are already
facing difficulties in managing and retrofitting their aging infrastructure. Of particular
concern are areas south of Highway 401, as most were built out prior to current day
stormwater management practices. It is a challenge to accommodate the required new
systems in the limited space in these highly intense urban areas. Increased
urbanization, dictated by the Province under Places to Grow, has mandated many
municipalities to put intensification into these older areas that do not have the adequate
stormwater management infrastructure to meet current standards, let alone to account
for growth.
Municipalities are,responsible for a wide range of public infrastructure beyond
stormwater systems and have to make the most judicious use of limited funds to benefit
its residents. Current federal and provincial programs that support municipalities
investment in infrastructure are coming to an end. In order to meet the shared goals of
economic and social development as well as protecting the environment, municipalities
must have a stable source of infrastructure funding. Municipalities cannot make these
investments alone and require financial assistance to follow through with the retrofit
projects that deal with flooding, water quality and erosion, all of which have an impact
on the water quality of Lake Ontario and the Great Lakes as a whole.
For example, the City of Pickering completed the Frenchman's Bay Stormwater
Management Master Plan in 2010, which consists of a suite of projects, programs and
policies designed to address issues related to flooding, erosion and poor water quality
discharging into Frenchman's Bay and eventually Lake Ontario. The recommended
Master Plan has a 25 year implementation period with a total cost of $55 million dollars.
Furthermore, the total cost for the reconstruction of the Fenchman's Bay Harbour
Entrance is $9 million dollars.
The Province needs to immediately update the Stormwater Management Planning
and Design Manual so that municipalities have the tools they need to ensure their
stormwater systems are resilient in light of climate change
The Province, through the Ministry of the Environment (MOE), sets the guidelines for
stormwater management through the Stormwater Management Planning and Design
Manual, 2003 (SWM Manual). The current SWM Manual is mainly based on knowledge
from the 1990's that does not consider climate change adaptation. Some municipalities,
including the City of Pickering, are striving to set higher standards for their stormwater
management infrastructure to ensure they are functioning as designed in accordance
with the Certificate of Approval (CofA) and are resilient in light of a changing climate.
However, they are often faced with difficulties in achieving these higher standards as
CORP0227-07/01 revised
Report CS 12-12 April 10, 2012
55
Subject: Great Lakes Protection Act Page 6
developers offer strong opposition stating that they are not required as they are not in
the SWM Manual set by the Province.
Further to this, stormwater management. infrastructure is also govemed by the CofA
issued by MOE, which can be obtained by developers and consultants with little effort or
details and in many cases prior to Municipalities, Conservation Authorities and Ministry
of Natural Resources approving the infrastructure. This is of concern, as following
assumption of services, the municipality takes ownership of the infrastructure, and by
extension, the CofA.
On May 18, 2010, the Province introduced the Water Opportunities and Water
Conservation Act, 2010 (Bill 72), which later received Royal Assent on November 29,
2010. Schedule 1 of this new legislation enacts a stand-alone act, the Water
Opportunities Act, 2010. Part III of the Water Opportunities Act, 2010, enables MOE to
require municipalities to prepare municipal water sustainability plans for water,
wastewater and stormwater infrastructure. The sustainability plans may include an
asset management plan for the physical infrastructure, a financial plan, a risk
assessment (including risks posed by climate change), and strategies for maintaining
and improving the municipal services. The new Act will also enable MOE to set water
indicators and targets for municipalities, and to require them to measure and report on
their performance.
Of particular concern is the apparent contradiction of the above-noted items. The
stormwater management guidelines that are set by the Province do not reflect climate
change, or provide municipalities guidance on how to design infrastructure for the
increased high intensity storms, but yet the Province can require municipalities to
ensure that their infrastructure can withstand the impacts of climate change. This
contradiction has been known to MOE for the past five years following an Application for
Review submitted in April 2007 under the Environmental Bill of Rights. Following this, in
2010, the MOE completed a review of the need for a new policy, Act or regulation to
deal with municipal stormwater management systems in Ontario municipalities in light of
climate change. One of the key findings of the completed MOE policy review was that
"the 2003 Stormwater Management Planning and Design Manual requires updating to
include additional best management practices for climate change adaptation for
municipal stormwater management."
Given that the Great Lakes Protection Act will be the second piece of legislation
introduced by MOE in the past few years that would speak to water resources and
climate change, it only seems prudent that this contradiction be resolved as soon as
possible. The Environmental Commissioner of Ontario in his 2009/2010 Annual Report
stated that "the Province needs to take responsibility to ensure that municipalities have
the tools they need to adapt stormwater systems to climate change." Updating the
SWM Manual would also be in conformance with Action 10 of the Government of
Ontario's Climate Ready: Ontario's Adaptation Strategy and Action Plan 2011-2014.
CORP0227-07/01 revised
Report CS 12-12 April 10, 2012
56
Subject: Great Lakes Protection Act Page 7
Summary
In order to meet the shared goals of economic and social development as well as
protecting the environment, municipalities must have a stable source of infrastructure
funding. Municipalities cannot make these investments alone and require financial
assistance to follow through with the retrofit projects that deal with flooding, water
quality and erosion, all of which have an impact on the water quality of Lake Ontario and
the Great Lakes as a whole.
The Province needs to immediately update the Stormwater Management Planning and
Design Manual so that Municipalities have the tools they need to ensure their
stormwater systems are resilient in light of climate change.
Attachments: Not Applicable
Prepared By: Approved/Endorsed By:
Mari ee Gadzovski, M.Sc.(Eng.), P.Eng Ever~f Buntsma, NPD, CMM
Senior Water Resources & Environmental Director, Community Services
Engineer
Ri and W. ;Holborn, P.Eng
"vision Head, Engineering Services
MG:mg
Recommended for the consideration
of Pickering City Council
21
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised