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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