Victoria’s Sewage Fiasco and its Impact on the Political Sphere

Questionable Justifications

The Province has justified its interference in Victoria’s democratic decision-making process by claiming environmental concerns. However, the supposed contamination of the seabed around the outfalls, as described in the MacDonald Report, has been debunked by subsequent scientific studies. The initial report by environmental scientist Donald MacDonald was based on insufficient data and flawed analysis. Yet, it served as a pretext for the government’s actions. By invoking a never-before-used section of the Environmental Management Act, the Province bypassed the need for elector consent and pushed forward with treatment plans without specifying the exact requirements.

Overreaching Actions

While the CRD has been exploring various treatment options over the past decade, two key pieces of evidence challenge the Province’s authority to proceed without elector approval. Firstly, multiple reports have indicated that the contamination from the outfalls is limited and does not contribute significantly to worsening environmental conditions. Secondly, a letter from Washington State Representative Jeff Morris and signed by 37 legislators, revealed that Penner’s order to the CRD was a result of an undisclosed agreement between Premier Campbell and Governor Gregoire. This sheds light on the political motivations behind the decision and raises concerns about the erosion of community control.

The Cost Conundrum

The significant disparity in the estimated long-term costs of sewage treatment—ranging from $2-$3 billion—can be attributed to the encouragement by Minister Penner to consider new technologies and alternative financing options. This has allowed local officials to propose costly schemes beyond the regulatory requirements. With elector consent no longer required, the burden of additional expenses falls on the taxpayers. Such a substantial financial impact necessitates a thorough examination of the justifications behind these expenses.

Safeguarding Community Consent

The Environmental Management Act’s Section 24, cited as the legal basis for proceeding without elector consent, raises concerns about the adequacy of public consultation. The CRD’s past actions, such as the decision to switch to a single plant at McLoughlin Point without proper community consultation, exemplify the flaws in the process. While the Act allows for elector participation during the planning stages, once a plan is approved, further consent by electors is not needed. This lack of accountability undermines the importance of community control and oversight.

Debunking Health Safety Concerns

Contrary to claims made during the sewage controversy, the deep-water marine outfalls in Victoria have consistently demonstrated a high level of public health safety. Multiple public health officers have affirmed that Victoria’s current method of offshore liquid waste disposal poses no measurable health risks. In contrast, the issue of bacterial contamination in Vancouver’s waters during the summer of 2014 highlights the importance of addressing local sources of sewage, such as combined sewer overflows (CSOs). Victoria’s proposed secondary treatment plan at McLoughlin Point would have had limited impact on this issue, further calling into question the justifications for overriding elector consent.

Are Federal Regulations Negatively Impacting Elector Consent in Victoria?

The development of federal regulations by Environment Canada, enforced by the federal Department of Fisheries and Oceans, has raised concerns about the impact on Victoria’s marine-based treatment system. These regulations classify the system as “high risk,” potentially endangering the health of both fish and humans who consume them.

The Assessment of Risk

To comprehend the classification of Victoria’s marine-based treatment system as “high risk,” it is essential to understand how the new federal regulations measure risk. The evaluation of risk is based on a point system that considers “effluent quality” and the characteristics of the receiving waters.

Regarding effluent quality, the regulations assess four key characteristics. Victoria meets the benchmarks for chlorine and ammonia levels but fails to comply with the standards for total suspended solids and carbonaceous biochemical oxygen demand. However, it’s important to note that these federal regulations do not account for various other substances present in Victoria’s sewage, such as dissolved metals or PAHs, which may pose risks to fish health.

Despite the favourable physical geography of Victoria’s receiving waters, including factors like water temperature, salinity, and natural processes for sewage treatment, the emphasis on measuring total suspended solids and oxygen demand places Victoria in the high-risk classification. Local marine scientists argue that suspended solids and oxygen demand are not significant concerns in the Strait of Juan de Fuca, but Environment Canada has disregarded their perspective.

Fish Mortality and Contamination

While no reported fish kills have occurred in marine waters off Victoria, laboratory testing of rainbow trout exposed to effluent indicates acute toxicity. However, the validity of this test is questionable, as it employs a methodology rejected by the US Environmental Protection Agency.

The question arises: Are fish contaminated by the outfalls’ discharge, rendering them unsafe for human consumption? Local residents continue to fish in areas affected by the outfalls, such as Ogden Point Breakwater. However, the issue of contamination is complex, as there are numerous potential sources of pollution in the area, many of which fall under federal jurisdiction. Therefore, attributing fish contamination solely to the outfalls’ discharge is misleading. A broader assessment of trace contaminants in local waters, considering other sources of pollution, is necessary.

The Need for Public Involvement

The response from federal authorities to concerns raised by local scientists has been limited. While local experts question the effectiveness of federal regulations in assessing environmental risks, the federal government’s primary response has been to advocate for tertiary treatment, surpassing the secondary treatment mandated by the regulations. This highlights the inadequacy of the regulations in addressing contaminants beyond ammonia and chlorine. It also raises questions about the differing standards applied to Vancouver’s treatment plant, which received federal funding for secondary treatment.

Given the uncertainties surrounding the effectiveness of different treatment levels and the potential costs involved, it is crucial to involve the public in decision-making processes. The removal of the requirement for elector consent by the Province limits the democratic rights of Victorians to voice their opinions and determine the level of treatment through a referendum. This lack of public participation undermines the principles of transparency and accountability.

Addressing the Contamination Challenge

While discussions have focused on removing trace contaminants through higher levels of treatment, the current scientific consensus on the efficacy of such approaches remains unclear. The existing technologies lack the capability to effectively address these contaminants, and ongoing research is necessary to develop better solutions. Given the uncertainties, it is reasonable to question whether Victoria should bear the financial burden of uncertain benefits without the opportunity for public input.

Furthermore, the contamination of Victoria’s near-shore waters from stormwater runoff and combined sewer overflows pose a more immediate concern. The presence of highly toxic chemicals resulting from historical activities, including military-related operations, requires urgent attention. The federal government, responsible for the remediation of 376 contaminated sites in the Victoria area, has made slow progress in addressing these environmental hazards.

Wrapping Up

The impact of federal regulations on Victoria’s marine-based treatment system raises critical questions regarding the right of elector consent. The current assessment of risk fails to consider all relevant factors and substances, potentially undermining the scientific integrity of the regulations. The need for public involvement and transparent decision-making processes cannot be overstated, especially when significant financial investments are at stake. Resolving the challenges of contamination, both from sewage treatment and historical sources, requires a comprehensive approach that prioritizes the health of ecosystems and public interests. Ultimately, allowing Victorians to determine the appropriate level of treatment through a referendum would restore democratic accountability and foster a more inclusive decision-making process.