West Coast Enviornmental Law
Research Foundation
NewsletterWest Coast Enviornmental Law
Research Foundation
NewsletterOn July 1, amendments to the BC pulp mill regulation came into force, requiring mills that use chlorine or chlorine compounds to eliminate AOX (adsorbable organic halogens) produced in the bleaching process by December 31, 2002.
The regulation gives each mill a choice. A mill can opt to meet an interim discharge standard of 1.5 kg AOX per air dry tonne of pulp produced on or before December 31, 1995. In that case, the mill has until the end of 2002 to eliminate AOX. In the alternative, a mill can opt to bypass the interim standard of 1.5 kg AOX and choose instead to eliminate AOX by December 31, 2000.
Each mill was required to submit plans and schedules to the provincial government by June 30 indicating how it intends to meet the new AOX standards. Progress reports will be required on a semi-annual basis.
The BC AOX regulation requiring the elimination of organochlorines in the pulp bleaching process signals a new regulatory approach to dealing with pulp mill pollution.
It incorporates the precautionary principle -- that action should be taken to prevent contamination before there is conclusive proof of harm -- in contrast to the traditional approach of allowing the release of pollutants until it is proven that particular pollutants are harmful to humans or the environment.
Requiring the elimination of AOX, rather than setting a permissible discharge level, signals to the pulp and paper industry that a process change is required to eliminate the use of chlorine compounds in bleaching pulp.
Eliminating the production of organochlorines opens up the possibility of eliminating the discharge of all pulp mill effluent, because eliminating the use of chlorine compounds removes many of the problems associated with recycling the effluent from kraft mills.
Since organochlorines are not responsible for all environmental problems associated with pulp mill effluent, if pulp mills were effluent free, other environmental problems caused by pulp mill effluent also would be solved (for example, research by scientists at Environment Canada suggests that pulp mill effluent causes effects on fish, even when the effluent is from a pulp mill that does not use chlorine compounds).
The regulatory approach incorporates long term government planning, clearly necessary if we are serious about grappling with environmental problems as complex as pollution from pulp mills.
The ten year period for achieving the elimination of organochlorines allows industry a realistic time frame for developing and implementing the process changes that will be necessary to meet this new regulatory standard and allows time for the development of innovative solutions.
This regulatory approach fits into the province's Environmental Action Plan for British Columbia which states that its "goal is zero pollution".
The regulation will encourage the pulp and paper industry to anticipate and meet the growing market demand for paper products produced without organochlorines.
After months of delay, site-specific regulations for the MacMillan Bloedel pulp and paper mill at Port Alberni were published in the Canada Gazette, Part I, on July 25, 1992. The site-specific regulations, adopted under the federal Fisheries Act, will require more stringent effluent quality standards for the Port Alberni mill than are required under the recently released federal Pulp and Paper Effluent Regulations. The Alberni Inlet suffers from critically low dissolved oxygen levels. The site-specific regulations are designed to address that problem.
WCELA has expressed concern to the government that the proposed site-specific regulations permit a much greater level of discharge of suspended solids than has been recommended by government scientists. WCELA has urged the federal government to reduce the permitted suspended solids discharge level in the final version of the site-specific regulations.
The Multi-Stakeholder Working Group on Pulp Mill Regulation in B.C. is an ad hoc group that was formed early in 1991 to provide input into the pulp mill regulatory process in B.C. MSWG participants include individuals from environmental groups, unions, Native peoples, the pulp and paper industry, shellfish associations, technology suppliers and consulting engineers, the federal government, the provincial government, and universities. Staff counsel Ann Hillyer chairs the MSWG steering committee.
In June the MSWG reached agreement on nine recommendations regarding the regulation of pulp mills and research that is needed to support the regulatory process. The recommendations have been delivered to government and a variety of other parties. The content of the recommendations can be summarized as follows:
1. ensuring opportunities for effective public participation in the pulp mill regulatory process;
2. undertaking pilot projects to facilitate the efficient and timely collection and dissemination of environmental information;
3. establishing a process, with full public participation, to identify, assess and eliminate pollution from pulp and paper mills in B.C; and
4. developing an alternative dispute resolution process to resolve environmental issues arising from the impacts from pulp mills.
5. recovery of aquatic environments and resources contaminated or affected by pulp mill discharges;
6. effects of discharges from pulp and paper mills on the aquatic environment, with emphasis on the marine ecosystem, and measures necessary to prevent adverse impacts;
7. development of pulp mill technology, processes and equipment to meet and exceed emerging environmental standards;
8. known or potential human health effects of pulp mill processes, discharges and emissions;
9. expansion of the terms of reference for the B.C. Conceptual Plan on Research of Organochlorine Compounds from B.C. pulp mills.
Anyone wishing to receive a copy of the full MSWG recommendations should contact the WCELA office.
On September 1, a new BC waste management permit fee regulation comes into effect. Reflecting the "polluter pays principle", it will base permit fees payable by permit holders on the amount and type of pollutants allowed to be discharged. The first level of new fees will apply on September 1, 1992. A second level of fee increases will occur on September 1, 1993, giving permit holders time to incorporate pollution prevention systems and install better pollution control technology.
Pollution permits issued under the Waste Management Act regulate waste discharges to the air, water and land by industries, companies, municipalities and other operations. The old system of permit fees was based on three factors: the type of permit, the permittee's industrial classification and the "capacity of the works". Basing a fee on an industry's production level (such as the amount of pulp produced) rather than on the relative toxicity or amount of discharge meant the industry had no incentive to reduce its waste discharges. Similarly, municipalities were not rewarded for attempting to reduce pollution. Two municipalities with the same amount of effluent discharge paid the same fees, regardless of any differences in standard of sewage treatment. No distinction was made between raw untreated sewage and tertiary treatment of effluent.
The new system removes these inequities and is intended to provide economic incentives for permit holders to reduce their wastes. Fees under the new regulations will have two parts: a fixed fee of $100 per permit and a variable fee composed of the sum of the annual volume of each type of contaminant multiplied by the fee-per-tonne for that contaminant. Unit fees for the contaminants vary according to their degree of toxicity. So, the more you pollute, the more you pay.
Revenues are projected to grow from about $4 million a year to $7.5 million a year in September, 1992 and $15 million a year in September, 1993. Under the old system, the government was only recovering 27% of its regulatory costs. All revenues from the waste discharge permit fees will go into the Sustainable Environment Fund.
The new regulations have incorporated suggestions from industry, local governments and other interested parties, including WCELA, who commented on the Ministry's proposals for change last March.
WELCOME TO WEST COAST! We are delighted to announce that Linda Nowlan, Barrister & Solicitor, has joined West Coast Environmental Law as staff counsel. Linda brings a strong background in civil litigation and administrative law practice to her new position. Most recently, Linda has been responsible for the preparation of policy papers for the Law Society of BC. We look forward to working with Linda.
The West Coast Environmental Law Association seeks an experienced part-time secretary for 20 hours a week (four hours per day). Environmental commitment and MSWord5 an asset. Full benefits; salary based on experience. Please forward resumes by September 11 to our office, or fax to 684-1312.
The West Coast Environmental Law Research Foundation requires a lawyer to work with its staff counsel on a report on legal tools for conserving private land in British Columbia. Excellent research, writing and interviewing skills are needed. Experience with property law and land conservation would be an asset, as would wordprocessing and bibliographic skills. The position is six months full-time beginning mid-October. Remuneration is negotiable. Please send resumes in confidence by September 21, 1992, to our office.
The West Coast Environmental Dispute Resolution Fund (the EDRF) was established in 1989 with funding from the Law Foundation of British Columbia. It was established to provide financial assistance to citizens to help resolve environmental disputes.
The EDRF can provide assistance in a number of ways. The Fund can provide grants to citizens to pay for the cost of their participation in alternative dispute resolution processes. It can pay for the cost of appearances before administrative tribunals (such as the Environmental Appeal Board or environmental assessment panels) or legal services aimed as examining, settling or pursuing environmental litigation. Lawyers contribute their services on a partially pro bono basis. The Fund pays for legal fees up to $50 per hour maximum. The Fund can also pay for expert assistance needed by citizens working to resolve environmental disputes.
Over the past year the EDRF made 32 grants to a wide range of individuals and organizations. It helped citizens in Big Creek participate in a Ministry of Forests planning process. It provided funding to the Sierra Club of Western Canada for two ADR skills training workshops, and provided legal support to the Rivers Defence Coalition in its Federal Court challenge of the Kemano Completion Project.
The EDRF Management Committee meets every month. Applications received by the end of the month are considered at the next regular mid-month meeting. For more information about the EDRF, contact our office.
WCELRF has just completed a report entitled "Using Conservation Covenants to Preserve Private Land in British Columbia", written by David Loukidelis and edited by staff counsel Ann Hillyer. The report, funded by the Real Estate Foundation of BC, recommends that the provincial government enact legislation to permit the use of conservation covenants for the voluntary protection and preservation of private land in British Columbia. It recommends a new statutory tool that could be granted to a private conservation organization. While a variety of tools already are available to protect land, the report recognizes the growing need in BC to expand the tools available to private parties for the protection of private land. The conservation covenant recommended in this report would be a flexible tool, would require a minimum of government resources, and could take advantage of the expertise of local and regional conservation organizations in land protection. The report on conservation covenants will be available from our office by mid-September for $10 plus $2 for postage and handling.
WCELRF, 1001 - 207 West Hastings, Vancouver, BC, V6B 1H7, Canada.
Phone (604) 684-7378; fax (604) 684-1312.
Original printed on recycled paper.
The following individuals and groups have made donations, become members or renewed memberships recently: Bill Andrews, John Artamenko, Barbara Atkins, AWARE, Marie Baker, Erick Baziw, Myrna Bosomworth, BC Courthouse Library Society, BC Environment Library, BC Hydro Employee Welfare Fund, BC Wildlife Federation, Glen Bell, Greg Blue, Paul Breen, John Broadhead, Joseph Bryant, Paula Burgerjon, Buri & Milne, Shauna Burnell, Helen Campbell, Susan Canning, George Collins, Dale Colton, Conserve A Must Enterprises, CPU IV, Alastair Craighead, Craig Darling, Michael Doherty, M Donahue, Douglas Reeve Consulting, East Kootenay Environmental Society, Rod Ehl, Myron Elkuf, Evelyn Feller, ME Fellowes, Megan Filmer, Susan Fraser, Friends of Strathcona Park, Hannah Galloway, Franklin Gertler, Brian Giles, Mavis Gillie, Larry Golden, Francis Gordon, Grant & Smith, David Green, Charles Greene, EH Grenager, Sarah Groves, Ellen Halliday, Christopher Harvey, Chad Henderson, William Henderson, Joan Heriot, Ann Hillyer, George Hoberg, Robert Houlden, Pat Houlihan, Inner Arterial Referendum, Islands Trust, Roy Jacobsen, Michael Jaeger, John Johnstone-Paterson, Eric Kaufmanis, Elizabeth Kennedy, Dora Kevis, Carol Konkin, Lasqueti Community Association, Judith Lee, Lex-Urban Management, Brian Lockhart, Erik Lykke, Douglas Mackenzie, Ann Marshall, Thomas Marshall, Harold McArthur, H McBride, Emily McCullum, Neil McDonald, Margaret McKee, Livia Meret, James Miller, Murray Mollard, Nancy Morgan, Nature Trust, North Cowichan Environmental Protection, Shelley O'Callaghan, Okanagan Similkameen Parks Society, Okanagan Tribal Council, Ellaf Olafson, Valerie Osborne, Paper Choice, Adrienne Peacock, Armand Petronio, David Powell, Richard Pope, PPWC National, PPWC 2, Quesnel Environmental Society, Mary Reid, John Rich, Rivers Defense Coalition, Chris Rolfe, Paula Rubinson, Gary Runka, Jane Rush-Leblanc, Paul Sanborn, Nigel Skermer, Janet Spicer, Wayne Still, Sto:Lo Nation, Surrey Siting Task Force, James Terral, Thompson Watershed Coalition, Elisa Tseng, Union of Spiritual Communities, Vancouver Public Library, Elizabeth Wallach, George West, WHEN, Paul Wickland, Joy Williamson, Irena Wosk, James Yardley, Steve Zablosky, and Merle Zabrack.
Thanks everybody!
This report describes the mandate of the Commission and its preliminary work plans. CORE will develop a strategy to deal with land use and related resource and environmental issues in BC. It has designed a framework for regional negotiation processes involving representatives from affected groups such as provincial government agencies, community governments, Aboriginal peoples and major sectoral interests. The new land use strategy will be based on a set of principles for a sustainable society, summarized in a draft Land Use Charter contained in the report. CORE plans to complete negotiation processes by the end of 1993 in three regions of high priority identified by the provincial government: Vancouver Island, Cariboo/Chilcotin and the Kootenays.
House of Commons, Ottawa, June 1992. This is a follow-up report to the Committee's previous report, Deadly Releases CFCs, published in June 1990. The report follows hearings in which four panels testified about the rapidly changing events related to ozone depletion. Scientific experts evaluated Canadian atmospheric data, health care professionals discussed the risks to human health from increasing ozone depletion, technological specialists reviewed industry's progress in developing replacements for CFCs and alternative refrigeration technologies, and environmental groups commented on possible changes to federal policy to recognize the threats of ozone depletion. The Committee's twelve recommendations resulting from the hearings are outlined in the report.
WCELRF Newsletter, copyright 1992, is published by the West Coast Environmental Law Research Foundation. This issue was produced by Morgan Ashbridge, Ann Hillyer, Kelly Lamorie, Catherine Ludgate, Murray Mollard, and Linda Nowlan. Subscription information is above. WCELRF does research and education and maintains an environmental law library. The West Coast Environmental Law Association provides legal representation and promotes law reform. The mission of WCELRF and WCELA is to provide legal services to protect the environment and to foster public participation in environmental decision-making. We are grateful to the Law Foundation of British Columbia for core funding of the West Coast Environmental Law Association and West Coast Environmental Law Research Foundation. Donations to WCELRF are tax creditable.